www.simon.com
Open in
urlscan Pro
140.174.14.89
Public Scan
Submitted URL: https://e.email.premiumoutlets.com/click?EY2xkdWFydGVAc2FudGFuZGVyLmNvbS5icg/CeyJtaWQiOiIxNzA0NTA1NDUyNzU4MmE0ZDZhOWM1NzExIiwiY3QiO...
Effective URL: https://www.simon.com/legal
Submission: On January 08 via api from ES — Scanned from ES
Effective URL: https://www.simon.com/legal
Submission: On January 08 via api from ES — Scanned from ES
Form analysis 3 forms found in the DOM
<form action="" role="search">
<div class="search-input-wrapper">
<svg class="icon-search pull-xs-left">
<use xlink:href="#icon-search"></use>
</svg>
<input type="search" class="search-input form-control ui-autocomplete-input" name="searchInput" id="searchInput" placeholder="Search by center, store or location" aria-label="Search by center, store or location" autocomplete="off">
<input type="submit" hidden="" class="hidden">
</div>
</form>POST /search/your-location
<form action="/search/your-location" id="FindNearbyMallsForm" method="post"> <input type="hidden" value="" name="FindNearByMallsPosition" id="FindNearByMallsPosition">
<input type="hidden" value="" name="longitude" id="longitude">
<input type="hidden" value="" name="latitude" id="latitude">
<input type="hidden" value="" name="accuracy" id="accuracy">
<input type="hidden" value="" name="altitude" id="altitude">
<input type="hidden" value="" name="altitudeAccuracy" id="altitudeAccuracy">
<button class="btn-find-nearby pull-xs-right js-find-nearby" title="Find Nearby Centers">
<svg class="icon-find-nearby pull-xs-left">
<use xlink:href="#icon-nav"></use>
</svg>Find Nearby Centers </button>
</form><form id="footerMallInsiderForm">
<div class="flex form-group">
<label for="emailAddressFooter" class="floating floating-accessibly down">EMAIL ADDRESS<span class="floating-desc">: Required</span></label>
<input id="emailAddressFooter" class="form-control" type="email" placeholder="EMAIL ADDRESS" aria-label="Email Address" autocomplete="on" autocorrect="off" autocapitalize="off">
<button type="submit" class="btn btn-primary" id="footerSignupButton" title="Become a Mall Insider">JOIN</button>
</div>
</form>Text Content
Skip to content
* SHOPPERS
* BUSINESS
* INVESTORS
* CAREERS
* CONTACT
*
Find Nearby Centers
Quick Links
Find Nearby Centers See All Properties Mall Insider VIP Club
Brands Simon Giftcard® Travel & Tourism
Suggested Results
Legal Information & Notices
TERMS
OF USE
LEGAL NOTICES
Terms of Use Privacy Policy California Privacy Rights Canada Privacy Rights
Colorado Privacy Rights Cookie Policy Web Accessibility Statement API Terms of
Use Code of Conduct Code of Business Conduct & Ethics Digital Assets Terms of
Use Directories & Screens Privacy Policy Diversity & Inclusion Policy Mobile
Text Terms of Use Opt Out/Unsubscribe Assistance Retailer Showcase Terms of Use
Social Media Guidelines Suppliers Code of Conduct Tax Documents Access Agreement
User Generated Content Terms of Use VIP Passport Participation Agreement Wi-Fi
Terms of Use
* Terms of Use
* Privacy Policy
* California Privacy Rights
* Canada Privacy Rights
* Colorado Privacy Rights
* Cookie Policy
* Web Accessibility Statement
*
* API Terms of Use
* Code of Conduct
* Code of Business Conduct & Ethics
* Digital Assets Terms of Use
* Directories & Screens Privacy Policy
* Diversity & Inclusion Policy
* Mobile Text Terms of Use
* Opt Out/Unsubscribe Assistance
* Retailer Showcase Terms of Use
* Social Media Guidelines
* Suppliers Code of Conduct
* Tax Documents Access Agreement
* User Generated Content Terms of Use
* VIP Passport Participation Agreement
* Wi-Fi Terms of Use
Last Updated November 30, 2023
QUICK GUIDE TO CONTENTS
1. Introduction, Definitions, and Updates
2. Your Use of the Sites
3. Content and Ideas
4. Monitoring and Security
5. Availability and Reliability of the Sites and Materials
6. Vendor Products
7. Third-party Sites and Materials
8. Accounts and E-commerce
9. Intellectual Property
10. Intellectual Property Infringement Claims
11. Privacy
12. Promotions
13. Terms Applicable to Certain Services
14. Disclaimer of Warranties
15. Limitation of Liability
16. Indemnity
17. Dispute Resolution (Arbitration)
18. Termination
19. General
20. Contact Us; California Consumer Complaints
IMPORTANT: PLEASE REVIEW THESE TERMS OF USE CAREFULLY. SECTION 17 OF THESE TERMS
OF USE REQUIRES MANDATORY ARBITRATION OF DISPUTES BETWEEN US AND YOU ON AN
INDIVIDUAL BASIS. THIS MEANS THAT YOU AND SIMON ARE EACH GIVING UP THE FOLLOWING
RIGHTS: TO SUE EACH OTHER IN COURT, TO HAVE DISPUTES HEARD OR RESOLVED BY A
JUDGE OR JURY, AND TO JOIN A CLASS ACTION AGAINST THE OTHER. FURTHERMORE,
SECTIONS 14 AND 15 CONTAIN WARRANTY DISCLAIMERS AND LIMITATIONS ON SIMON’S
LIABILITY THAT YOU SHOULD REVIEW.
1. INTRODUCTION, DEFINITIONS, AND UPDATES
Simon® welcomes you to our Sites (see definitions below). These Terms of
Use are a binding agreement between us and you that govern your access to
and use of all our Sites and related services that we provide. By using the
Sites, you affirm that you are at least 13 years old and of legal age to
enter into these Terms of Use, or, if you are not of legal age, that you
have obtained parental or guardian consent to enter into these Terms of Use
and your parent or guardian consents to these Terms of Use on your behalf.
You may not access or use the Sites if you are not at least 13 years old.
If you violate or do not agree to these Terms of Use, then your access to
and use of the Sites is unauthorized. Additional terms and conditions apply
to some services offered on the Sites (e.g., Simon Giftcard® order Sites)
or through other channels. Those terms and conditions can be found where
the relevant service is offered on or through the Sites or otherwise and
are incorporated into these Terms of Use by reference.
DEFINITIONS:
As used in these Terms of Use, the following terms have the meanings given
below:
* “Affiliates” means (i) any Person that directly, or indirectly through
one or more intermediaries, owns or controls, is owned or is controlled
by, or is under common ownership or control with, such Person, (ii) any
officer, director, partner, member, employee, or direct or indirect
beneficial owner of such Person or (iii) any other Person for which a
Person described in clause (ii) acts in such capacity.
* “Applicable Law” means, for purposes of interpretation and enforcement
of this Terms of Use (except as otherwise provided in Section 17), the
Governing Law and, for all other purposes, any laws, rules, regulations,
or orders of any United States federal, state, or municipal governmental
authority with subject matter or personal jurisdiction over the activity
or person (or both) in question.
* “Content” means all information, content, Ideas, ratings, messages,
reviews, communications, merchandise information, product descriptions,
or other materials (including page headers, images, text, illustrations,
formats, logos, hashtags, designs, icons, photographs, software
programs, music clips or downloads, video clips, and written and other
materials) that you make available to us or other users or other persons
on or through the Sites, including via chat bots, message boards,
surveys, personal profiles, forums, bulletin boards, social media posts,
and other interactive features.
* “Control” means the power to direct the management or affairs of a
Person.
* “Governing Law” means the applicable laws, rules, regulations, and
orders of a governmental authority of the State of Indiana without
regard to the State of Indiana’s choice-of-law principles.
* “Ideas” means ideas, concepts, feedback, and know-how that you make
available in connection with the Sites.
* “Make available” means to post, transit, publish, upload, distribute,
transmit, display, provide, or otherwise submit or make available
(including through any part of the Sites administrated by third-party
social media platforms [e.g., Facebook, Instagram, Threads, or X] that
allow interaction with the Sites through the tools offered by such
social media platforms).
* “Materials” means all information, content, ideas, concepts, feedback,
know-how, messages, communications, Product information, or other
materials (including page headers, images, text, illustrations, formats,
logos, hashtags, designs, icons, photographs, software programs, music
clips or downloads, video clips, and written and other materials) that
Simon Entities or Vendors make available on or through the Sites,
including the Simon Search® listing of Products (as defined in Section 6
below).
* “Ownership” means the beneficial ownership of at least 5% of the voting
equity of the Person.
* “Party” or “Parties” means either (or both if plural) Simon or you.
* “Simon”, “we,” “us” and “our”” means Simon Media Properties, LLC and its
directors, officers, employees, and agents.
* “Person” means any individual, corporation, limited or general
partnership, limited liability company, joint venture, association,
organization or other entity.
* “Simon Apps” means the official “Simon: Malls, Mills, & Outlets”
application, which includes the Simon Search® functionality, that can be
downloaded for iOS and Android devices from the iTunes App Store or the
Google Play Store and any other mobile application that Simon may offer
or develop on which these Terms of Use are published.
* “Simon Entities” means Simon and Simon’s Affiliates (and their
successors and assigns) and each of their directors, officers,
employees, and agents.
* “Simon Properties” means retail shopping centers that are owned or
managed (or both) by Simon or any Person that directly, or indirectly
through one or more intermediaries, owns or controls, is owned or is
controlled by, or is under common ownership or control with Simon.
* “Sites” means the Simon.com website, the Simon Apps, and all related
websites, subdomains, applications, and social media accounts provided
or administered by Simon including any websites, applications, or social
media accounts related to any of the Simon Properties and the
functionality, services, and Materials offered by, for, or through Simon
on or through such websites, applications, or social media accounts or
the systems, servers, and networks used to make such websites,
applications, and social media accounts available.
* “Terms of Use” means these Terms of Use and all other terms and policies
posted by Simon on the Sites including our Privacy Policy (and any
updates by Simon to these Terms of Use and those terms and policies).
* “Vendors” means third-party advertisers, suppliers, vendors,
contractors, licensors, and retail tenants in Simon Properties that
provide any Materials or that sell any Products on or through the Sites,
any of which may be an Affiliate of Simon, and their directors,
officers, employees, and agents.
* “You” and “your” means any user of or visitor to any of the Sites, Simon
Properties, and any person who otherwise has notice of these Terms of
Use.
UPDATES:
We may update these Terms of Use at any time at our discretion and you
agree to be bound by any such updates effective upon publication. We will
notify you of such updates by posting the most up-to-date version of these
Terms of Use on Simon.com. You agree that posting updates to these Terms of
Use on Simon.com is reasonable notice of such updates. We may also send you
an email or pop-up notice of such updates to these Terms of Use if you have
registered for one of our services. Updates to these Terms of Use will
apply to any dispute between you and us arising on or after the date on
which we published such updates to these Terms of Use at Simon.com. By
accessing or using any of the Sites, you agree to be bound by the current
version of the Terms of Use posted to Simon.com at the time you access or
use the Sites and that it is your responsibility to regularly check
Simon.com for the most up-to-date Terms of Use. If you do not agree with
these Terms of Use or any updates to the Terms of Use, then you must cease
accessing or using the Sites. The “Last Updated” legend above indicates
when these Terms of Use were last published with updates.
2. YOUR USE OF THE SITES
AUTHORIZED USE:
Under these Terms of Use, we authorize you to view and download a single
copy of the Materials and other user Content provided on the Sites solely
for your lawful, non-commercial, and personal use as expressly permitted by
and subject to the restrictions contained in this Terms of Use.
PROHIBITED USE
You agree, represent, and warrant that you will not do any of the following
while accessing or using the Sites:
* Make available any Content through or in connection with the Sites that
is or may be in violation of the content guidelines set forth in Section
3(c) (Prohibited Content) below.
* Make available through or in connection with the Sites any virus, worm,
Trojan horse, Easter egg, time bomb, spyware, or other computer code,
file or program that is or is potentially harmful or invasive or
intended to damage or hijack the operation of, or to monitor the use of,
any hardware, software, or equipment.
* Use the Sites for any commercial purpose except as expressly allowed by
Simon in writing, or for any purpose that is fraudulent or otherwise
tortious or unlawful.
* Harvest or collect information about users of the Sites.
* Interfere with or disrupt the operation of the Sites or the systems,
servers, or networks used to make the Sites available, including by
hacking or defacing any portion of the Sites; or violate any
requirement, procedure or policy of such servers or networks.
* Restrict or inhibit any other person from using the Sites.
* Reproduce, modify, adapt, translate, create derivative works of, sell,
rent, lease, loan, timeshare, distribute, or otherwise exploit any
portion of (or any use of) the Sites except as expressly authorized in
these Terms of Use, without Simon’s express prior written consent.
* Reverse engineer, decompile, or disassemble any portion of the Sites,
except where such restriction is expressly prohibited by Applicable Law.
* Remove any copyright, trademark, or other proprietary rights notice from
the Sites.
* Frame or mirror any portion of the Sites, or otherwise incorporate any
portion of the Sites into any product or service, unless you obtain
Simon’s express prior written consent to do so.
* Systematically download and store any Materials.
* Use any robot, spider, large language model, artificial intelligence,
site search/retrieval application or other manual or automatic device to
retrieve, index, “scrape,” “data mine” or otherwise gather any
Materials, or reproduce or circumvent the navigational structure or
presentation of the Sites, without Simon’s express prior written
consent.
* Cause injury to any person or entity.
* Violate any Applicable Law or these Terms of Use.
* Use the Sites or the name, logo, or brand of any Simon Entity or Vendor
to (i) send any unsolicited or unauthorized Content, including
advertising, promotional materials, email, junk mail, spam, or other
form of solicitation; or (ii) use any meta tags or other hidden text or
metadata utilizing a trademark, logo, URL, or product name of any Simon
Entity or Vendor without Simon’s or the applicable Vendor’s written
consent.
* Access, download, transfer, ship, or export (collectively, “transfer”)
any Materials provided on the Sites to, through, or while located in any
territory or to or through any person (including a resident of any such
territory), entity, or organization to which such Materials could not be
transferred directly from the United States or by a U.S. person without
a license from a U.S. governmental agency, including to any person on
the U.S. Treasury Department’s List of Specially Designated Nationals or
the U.S. Department of Commerce’s Denied Persons List or Entity List.
* Attempt to do anything, or permit, encourage, assist, or allow any third
party to do anything, prohibited in this Section 2, or attempt, permit,
encourage, assist, or allow any other violation of these Terms of Use.
3. CONTENT AND IDEAS
a. SUBMISSION OF CONTENT AND IDEAS
Simon provides functionality that enables users to make available
Content and Ideas in connection with the Sites. Any text in Content
should be written in English. You acknowledge and agree that you are
responsible for all Content and Ideas you make available in connection
with any of the Sites. You represent and warrant that (i) you have the
authority to grant the rights in such Content and Ideas as set forth in
these Terms of Use, including in Section 3(b) below; (ii) such Content
and Ideas, and the use of such Content and Ideas, will not violate any
term of these Terms of Use, Applicable Law, or any third party’s
copyrights, trademark, or other intellectual property rights; and (iii)
such Content and Ideas are accurate and complete. This means you will
be responsible for the legality, the accuracy, the appropriateness, the
originality, and your rights in any such Content and Ideas.
b. RIGHTS YOU ARE GRANTING TO US
You grant to the Simon Entities a royalty-free, perpetual, irrevocable,
worldwide, unlimited, nonexclusive license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute,
perform and display (publicly or otherwise) any Content that you make
available, in any media or medium, and in any form, format, or forum
now known or hereafter developed. You further agree that Simon is free
to use any Ideas for any purpose. Simon may sublicense its rights in
Content and Ideas through multiple tiers of sublicenses, including to
any Affiliate of the Simon Entities or any Vendor. Simon is, and will
be, under no obligation, unless agreed upon expressly in writing by
Simon (i) to maintain any Content or Idea in confidence or to make
available or continue to make available any Content or Idea publicly;
(ii) to pay any compensation for any Content or Idea; or (ii) to
respond to any Content or Idea. You grant to Simon the right to use any
name and the likeness of any author associated with any Content or Idea
that you make available to Simon, although Simon has no obligation to
exercise such right, or to otherwise provide any attribution for any
Content or Idea.
c. PROHIBITED CONTENT
You agree that you will not make available Content in connection with
the Sites that:
* is false, fraudulent, inaccurate, or misleading;
* contains your full name(s), or any other confidential personally
identifiable information of yourself or others;
* violates any Applicable Law or any applicable international law or is
otherwise tortious;
* would infringe on the rights of others (including Simon Entities or
Vendors), including any patent, copyright, trademark, trade secret,
right of publicity or privacy, or any other proprietary right,
without the express prior written consent of the applicable owner;
* is obscene, indecent, pornographic, or otherwise objectionable in
Simon’s sole discretion;
* is derogatory, defamatory, threatening, harassing, abusive,
slanderous, hateful, offensive, or embarrassing to any person or
entity (including Simon Entities and Vendors) as determined by Simon
in its sole discretion;
* victimizes, harasses, degrades, intimidates, or discriminates against
an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age or disability;
* is violent or threatening, or promotes violence against, or actions
that are threatening to, any individual or group;
* contains advertisements, solicitations, or spam links to other web
sites or individuals, without prior written permission from Simon;
* contains or relates to chain letters or pyramid schemes;
* impersonates another business, person, or entity, including Simon,
its related entities, employees, and agents;
* violates any policy posted on the Sites; or
* is intended to cause harm, damage, disable, or otherwise interfere
with the Sites or our partners.
4. MONITORING AND SECURITY
Simon will have the right (but not the obligation), in our sole discretion,
to monitor, evaluate, and analyze Content, and any use of and access to the
Sites, including to determine compliance with these Terms of Use and any
other operating rules that may be established by Simon from time to time.
Simon will also have the right (but not the obligation), in our sole
discretion, to edit, move, delete, or refuse to make available any Content
made available through, the Sites, for any or no reason, including for
violation of these Terms of Use, a claim of IP infringement, or for
violation of Applicable Law. Despite this right of ours, you are solely
responsible for any Content you make available, and you agree to indemnify,
as set forth in Section 16, the Simon Entities for all claims resulting
from any Content you make available.
From time to time, we may (but are not obligated to, except where required
by Applicable Law) use techniques designed to identify fraudulent
activities. You agree to cooperate with any efforts as we may, in our sole
discretion, deem necessary to identify attempted fraud. You further agree
that if, for any reason, you or others acting on your behalf are suspected
of fraud or other violations of this Terms of Use, we may, in our sole
discretion take any or all of the following actions: declare you to be in
breach of this Terms of Use, suspend, block, or terminate your use of the
Sites, or seek prosecution to the fullest extent of the law.
5. AVAILABILITY AND RELIABILITY OF THE SITES AND MATERIALS
Except as otherwise provided by Applicable Law, at any time without notice
to you, we may (i) change, restrict access to, suspend, or discontinue the
Sites or any portion of the Sites or any Material we have made available
through the Sites, and (2) charge, modify, or waive any fees to use any
services, functionality, or other Materials available through the Sites or
any portion of the Sites.
The Simon Entities and Vendors may make available various Materials. The
Materials are for educational and informational purposes only, and errors
may appear from time to time. Before you act in reliance on any Materials,
you should confirm any facts that are important to your decision. The Simon
Entities and their Vendors make no warranty as to the reliability,
accuracy, timeliness, usefulness, or completeness of any Materials. If you
find an error or have a question or feedback regarding any of our Materials
on the Sites, contact us now. We appreciate your feedback!
THE SIMON ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING
DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE
MATERIALS.
6. VENDOR PRODUCTS
The Sites may make available listings, descriptions, and images of goods
and services for sale by Vendors (collectively, “Products”) including as
part of our Simon Search service. Product listings or information and order
taking may be made available by us or by a Vendor. However, Product
delivery is provided by the relevant Vendor and not Simon (NOTE: Simon
Giftcards are not included in the term “Products” and are sold pursuant to
separate terms and conditions). We make no representations as to the
completeness, accuracy, reliability, validity, or timeliness of such
Product listings, descriptions, or images (including any features,
specifications, and prices contained on the Sites). Such information and
the availability of any Product are subject to change at any time without
notice by us or the relevant Vendor.
We and our Vendors have made efforts to accurately display the attributes
of Products, including the applicable colors. However, as the actual colors
you see will depend on your monitor, we and our Vendors cannot guarantee
that your monitor's display of any color will accurately reflect actual
product color or finish. In addition, certain weights, measures, and
similar descriptions are approximate and are for convenience only.
Simon has no liability to you for Products on the Sites that you find to be
offensive, indecent, or objectionable. If any Products are labeled with age
restrictions or are intended for individuals of certain ages or “mature
audiences” only, by ordering any such age restricted Product, you certify
that you satisfy such age restrictions.
Simon is not responsible for, and cannot provide any guarantee or warranty
regarding the performance or manufacturing or design quality of, Products
provided by Vendors, including any of Simon’s Affiliates, or other goods
and services of other third parties to whose sites we link. While our goal
is to provide accurate information, Product packaging and material may
contain more or different (or both) information than that provided on the
Sites, including the product description, country of origin, nutrition,
ingredient, allergen, and other information. Always read labels, warnings,
directions, and other information provided with the Products before using
or consuming any Products. For additional information about a Product,
please contact the manufacturer or Vendor of such Product. If you find a
Product is not as described, your sole remedy is to return it (if eligible)
in accordance with the applicable Vendor’s or manufacturer’s return policy.
It is your responsibility to ascertain and obey all Applicable Laws and any
applicable international laws (including minimum age requirements)
regarding the purchase, possession, and use of any Products.
7. THIRD-PARTY SITES AND MATERIALS
References on the Sites to (i) any names, marks, Products, Materials,
goods, services, or other content of Vendors or any other third party
(“Third-party Materials”), or (ii) the sites, applications, social media
accounts, other publications containing Third-party Materials, or App
Platforms of any Vendor or third-party with which the Sites operate, link
to, or otherwise interact (“Third-party Sites”), are not an endorsement,
sponsorship, or recommendation of such Third-party Materials or Third-party
Sites. When you visit any Third-party Site, whether referenced on, linked
to, or with which you interact on or related to one of our Sites, you are
no longer accessing the Sites and the third-party that is providing such
Third-party Site is responsible for the Third-party Materials on such
Third-party Site. Simon is not responsible for the Third-party Materials on
any Third-party Site or any link contained in any such Third-party Site nor
is Simon responsible for the acts or omissions of any operator or owner of
any such Third-party Site. Your use of any such Third-party Site is at your
own risk and will be governed by such Vendor’s or other third party's terms
and conditions (including its privacy policy) with which you should
familiarize yourself prior to using such Third-party Site. Notwithstanding
the immediately preceding sentence, the disclaimer of warranties,
limitations of liability, indemnifications, and dispute resolution
provisions contained in Sections 14, 15, 16, and 17 shall apply regarding
any claim against any of the Simon Entities or Vendors in any way relating
to our Sites including claims relating to any references made on the Sites
to any Third-party Materials or Third-party Sites.
8. ACCOUNTS AND E-COMMERCE
a. ACCOUNT CREATION AND TERMINATION
In order to use certain features of the Sites, including the Simon Mall
Insider® or VIP Shopper Club, you may be required to register for an
account (“Account”) by providing certain information about yourself as
prompted by our registration form. You represent and warrant that: (a)
all information you provide is truthful and accurate; and (b) you will
maintain the accuracy of such information in your Account at all times.
Your registration information must not misrepresent your identity or
your affiliation with any person or organization. You may request
changes to your registration information and/or terminate your Account
at any time, for any reason, by submitting a request to our online
privacy & data portal making sure to select the "General User Request"
type and providing the necessary information within the "Request
Details" field. Without limiting anything set out elsewhere in this
Agreement, we may, at our discretion, suspend or terminate your Account
at any time for any reason without affecting our rights under this
Terms of Use.
b. ACCOUNT RESPONSIBILITIES
You are solely responsible for maintaining the confidentiality of your
Account login information including your username and password and for
all activities that occur under your Account, including the use of your
Account by members of your household or anyone else. You agree to
immediately notify us of any unauthorized use, or suspected
unauthorized use of your Account, or any other breach of security of
your Account, by submitting a new investigation request to our online
privacy & data portal making sure to select the "General User Request"
type and providing the necessary information within the "Request
Details" field. We are not liable for any loss or damage arising from
your failure to restrict access to your Account or if you lose or share
access to your device.
c. ORDER ACCEPTANCE AND BILLING
You represent and warrant that you have the right to use any credit
card or other means of payment that you associate with an Account or
otherwise provide to us if we have enabled the purchase of any Products
through our Sites. By providing payment card information to us, you
authorize us to store and use the card as a payment method for
purchases made through your Account or otherwise through our Sites. Any
agreement between you and the issuer of your credit card, debit card,
or other form of payment you provide to us will continue to govern your
use of such payment method on the Sites. You agree that Simon is not a
party to any such agreement, nor is Simon responsible for the content,
accuracy, or unavailability of any method used for payment. Simon may
participate in account update services offered by some banks that will
automatically update your card number or expiration date in our system
when it changes. If you do not want to have your cards automatically
updated, you can opt out of these services by contacting your issuing
bank. All billing information you provide to us must be truthful and
accurate. Providing any untruthful or inaccurate information is a
breach of these Terms of Use and may result in cancellation of your
order. Prior to accepting an order we may also request additional
information from you. Verification of information may be required prior
to the acknowledgment or completion of any purchase. We reserve the
right to refuse or cancel an order for any reason including limitations
on quantities available for purchase, inaccuracies, or errors in
product or pricing information, or problems identified by our credit
and fraud avoidance department. If your order is canceled after your
credit card (or other payment account) has been charged, we will issue
a credit to your credit card (or other applicable payment account) in
the amount of the charge. We will attempt to contact you if all or any
portion of your order is canceled or if additional information is
required to accept your order. Simon may request a pre-authorization
for some orders placed online with a credit or debit card. This
pre-authorization will not be billed to you; however, your card issuer
may hold this amount for a short period. Your card issuer determines
the length of time the pre-authorization is held. We do this to ensure
that the card details are still valid and that you have sufficient
funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you
agree to accept and pay for the Products, as well as all shipping and
handling charges (if applicable) and applicable taxes.
If we have enabled the purchase of any Products through our Sites,
Simon reserves the right, including without prior notice, to limit the
quantity of items purchased per person, per household, or per order for
any reason. We will attempt to notify you should such limits be
applied. Simon also reserves the right, at our sole discretion, to
prohibit sales to dealers or resellers. For purposes of these Terms of
Use, “reselling” will be defined as purchasing or intending to purchase
any Product(s) from Simon for the purpose of engaging in a commercial
sale of the same Product(s) to a third party.
In addition to any other remedies available to Simon, Simon may in its
sole discretion restrict or terminate your Account, or cancel or refuse
orders for violations of, or abuse of this Terms of Use or a Vendor’s
returns policy.
d. PRICING INFORMATION; AVAILABILITY; DELIVERY
If we have enabled the purchase of any Products through our Sites,
Simon cannot confirm the price or availability of any Products until
after your order is placed. Pricing or availability errors may occur on
the Sites or through Vendors. The receipt of an order confirmation does
not constitute our acceptance of an order or our confirmation of an
offer to sell a Product. Simon reserves the right to cancel any orders
containing pricing or availability errors, with no further obligations
to you, even after your receipt of an order confirmation or shipping
notice from Simon. Simon may, in Simon’s discretion, either contact you
for instructions or cancel your order and notify you of such
cancellation. Pricing for Products may be different on some parts of
the Sites from prices available on other parts of the Sites or on
Third-party Sites. Shipping or pick-up instructions, tracking, or tax,
shipping, or handling charges (if applicable) for any order through the
Sites as provided by any Vendor are also subject to error and
modification similar to Product pricing and availability as described
above and any such error or modification may be due to your failure to
supply accurate information or valid payment, which may result in
cancellation of your order. Generally, any Vendor will not be
responsible for any Product in an order once such Product has been
placed with a shipping carrier (if applicable) or once you or a person
with apparent authority from you picks-up such Product as instructed by
the Vendor (which instruction may be provided through the Sites). Simon
is not responsible for the shipping or delivery of any Product at any
time whether ordered through the Site or any Third-party Site.
e. PROMOTIONAL CODES
If we have enabled the purchase of any Products through our Sites and
enabled any promotional codes, such promotional codes will be limited
in nature and may expire or be discontinued with or without notice.
Promotional codes are void where prohibited by Applicable Law.
Promotional codes may not be copied, sold, or otherwise transferred.
They are not redeemable for cash and are subject to cancellation or
change at any time for any reason without notice. We reserve the right
in our discretion to impose conditions on the offering of any
promotional code.
9. INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, and other intellectual property
(collectively, “IP”) rights in the Materials are owned or controlled by SPG
IP Holdings, LLC or the Vendor who supplied such Materials (each a
“Licensor”) and provided for your use, subject to these Terms of Use, by
Simon under license from such Licensor(s) and are protected by Applicable
Law and international law regarding IP rights. Materials are sublicensed
(not sold) to you subject to these Terms of Use. Subject to your compliance
with these Terms of Use, and solely for so long as you are permitted by
Simon to use the Sites, you may access, view, download, and print the
Materials for your personal, non-commercial use only so long as you (i)
retain all copyright, trademark, or other proprietary designations
contained on all Materials; (ii) do not modify or alter the Materials in
any way; and (iii) do not provide or make available the Materials to any
third party in a commercial manner. In addition, subject to your compliance
with these Terms of Use, and solely for so long as you are permitted by
Simon to use the Simon Apps, we permit you, on a limited, non-exclusive,
revocable, non-transferable, non-sublicensable basis, to install and use
the Simon Apps on a mobile device that you own or control, solely for your
personal, non-commercial use. If you fail to comply with any of the terms
or conditions of these Terms of Use, you must immediately cease using the
Simon Apps and remove (that is, uninstall and delete) the Simon Apps from
your mobile device.
No license, right, title, or interest in the Sites or any Materials is
transferred to you as a result of your use of the Sites or your accessing,
viewing, downloading, or printing of the Materials. You may not reproduce
(except as noted above), publish, transmit, distribute, display, modify,
create derivative works from, sell, or participate in any sale of or
exploit in any way, in whole or in part, any of the Materials or the Sites.
The Sites and Materials may be used only as a personal informational or
shopping resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of the
Sites and the Materials is strictly prohibited. The compilation (meaning
the collection, arrangement, and assembly) of, and any code, software, or
other technology (“Technology”) created or licensed by Simon and
incorporated into, the Sites, is the exclusive property of Simon or Simon’s
licensors in the case of licensed Technology. Simon’s rights in the
compilation of the Sites and Simon’s own and licensed Technology are also
protected by Applicable Law and international laws protecting copyrights.
You agree to abide by these Terms of Use and the terms and conditions of
any license (which may be open-source or proprietary) provided to Simon by
Simon’s licensor for your use of any licensed Technology.
The SIMON® name and logos and all other names and logos of Simon
Properties, and all other graphics, logos, page headers, button icons,
scripts, and service names included in or made available on or through any
of the Sites by Simon are trademarks or trade dress of the SPG IP Holdings,
LLC in the U.S. and other countries. All other trademarks appearing on the
Sites are the property of their respective third-party owners including the
relevant Simon Entity, Vendor, or Vendor Affiliate.
10. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
We respect the intellectual property of others. If you believe in good
faith that any Content on the Sites infringes your copyright (e.g.,
pursuant to the DMCA [defined below]), trademark, or other IP right, you
(or your agent) may send a written claim to the “Designated Agent” provided
below. Your notice of a claim IP Infringement to us must include the
following information:
* an electronic or physical signature of a person authorized to act on
behalf of the owner of the exclusive right that is allegedly infringed;
* identification of the copyrighted work or other Content incorporating
your IP that you claim has been infringed;
* a description of where the Content that you claim is infringing is
located with sufficient detail (including applicable URL if possible)
that we may find it;
* your address, telephone number, and e-mail address;
* a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright or IP owner, its agent or
Applicable Law;
* information, if possible, sufficient to permit us to notify the
owner/administrator of the allegedly infringing Content; and
* a declaration by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
other IP owner or authorized to act on the copyright or other IP owner's
behalf.
If the information you submit in your IP infringement claim is inaccurate
or incomplete, we may be unable to process or respond to your request. If
you have questions about IP or whether your rights have been infringed,
consider seeking legal advice.
If you believe in good faith that someone has wrongfully filed a notice of
copyright infringement against you, the Digital Millennium Copyright Act,
Title 17, United States Code, Section 512(c)(2) (the “DMCA”) permits you to
send us a counter-notice. Notices and counter-notices must meet the
then-current statutory requirements imposed by the DMCA;
see www.loc.gov/copyright. Notices and counter-notices should be sent to
our Designated Agent.
Send IP infringement claims to our Designated Agent at:
By mail:
Laura Hale
Simon Media Properties, LLC
Digital Marketing Group, 10th Floor
225 West Washington Street
Indianapolis, IN 46204
By e-mail:
LaHale@simon.com
11. PRIVACY
You acknowledge that any personal information that you provide through the
Sites will be used by Simon in accordance with Simon’s Privacy Policy and
that you have reviewed, understand, and agree to such Privacy Policy, which
is updated by Simon from time to time. If we enable the purchasing of
Products through the Sites or provide Materials of any Vendor through the
Sites, Simon may share certain information with the applicable Vendor to
permit such Vendor to provide you such Materials or to prepare and deliver
or ship your Product order, process returns, and provide customer service.
You authorize your wireless operator (AT&T, Verizon, T-Mobile, US Cellular,
Sprint, or any other branded wireless operator) to disclose to Simon and
Simon’s third-party service providers your mobile number, name, address,
email, network status, customer type, customer role, billing type, mobile
device identifiers (MAC, IMSI, and IMEI) and other subscriber status and
device details, if available, solely to verify your identity and prevent
fraud for the duration of the business relationship.
By using any of the Simon Apps or Account-based services on the Sites, you
expressly agree that we may communicate with you by text message (including
by SMS or MMS), push notifications, or other electronic means directed to
your mobile device and that certain information about your usage of the
Simon Apps and Account-based services may be communicated to us. Our
communications to you may include, among other things, special events,
news, promotions, and offers. In the event you change or deactivate your
mobile device telephone number, you agree to promptly update your Account
information to ensure that messages are not sent to the person that
acquires your old number.
See our Privacy Policy, which is an integral part of this Terms of Use, for
how Simon handles your data.
12. PROMOTIONS
Any sweepstakes, contests, raffles, surveys, games, discounts, promotional
codes or offers, giveaways, or similar promotions (collectively,
“Promotions”) made available through the Sites may be governed by rules
that are separate from or supplement these Terms of Use. If you participate
in any Promotions, please review the applicable rules as well as our
Privacy Policy. If the rules for a Promotion conflict with these Terms of
Use, the Promotion’s rules will govern.
13. TERMS APPLICABLE TO CERTAIN SERVICES
a. APP PLATFORMS
You acknowledge and agree that the Simon Apps may be dependent on
third-party mobile devices, operating systems, and application sales
platforms (such as iOS and Android mobile operating systems, Apple and
Google mobile devices, and their respective iTunes App Store and Google
Play Store) (each, an “App Platform”). We do not warrant or represent
that any of the Simon Apps will be compatible with or perform in a
stable manner on any App Platform or on any of the various mobile
devices and operating system or app store versions associated with any
App Platform. We are also not responsible for any charges you may incur
from your mobile carrier in using any of our Simon Apps including
messaging and data usage charges. The App Platforms have their own
terms and conditions to which you must agree before downloading or
using any applications on your device, including the Simon App(s)
published on such App Platform. You agree to comply with, and your use
of the applicable Simon App(s) is conditioned upon your compliance
with, all applicable agreements, terms and conditions of use or
service, and other policies of the applicable App Platform, including
the following terms of the Apple App Platform:
In addition to your agreement with these Terms of Use, the following
provisions apply with respect to your use of any version of the Simon
App(s) compatible with the iOS operating system of Apple Inc.
(“Apple”):
* Apple is not a party to these Terms of Use and does not own and is
not responsible for any Simon App. Apple is not providing any
warranty for the Simon App except, if applicable, to refund the
purchase price for it. Apple is not responsible for maintenance or
other support services for the Simon App and will not be responsible
for any other claims, losses, liabilities, damages, costs, or
expenses with respect to the Simon App, including any third-party
product liability claims, claims that the Simon App fails to conform
to any applicable legal or regulatory requirement, claims arising
under consumer protection or similar legislation, and claims with
respect to intellectual property infringement. Any inquiries or
complaints relating to the use of the Simon App, including those
pertaining to intellectual property rights, must be directed to Simon
in accordance with Sections 10 or 20.
* The license you have been granted in these Terms of Use is limited to
a non-transferable license to use the Simon App on an Apple-branded
product that runs Apple’s iOS operating system and is owned or
controlled by you, or as otherwise permitted by the Usage Rules set
forth in Apple’s App Store Terms of Service. In addition, you must
comply with the terms of any third-party agreement applicable to you
when using the Simon App, such as your wireless data service
agreement.
* You represent and warrant that (1) you are not located in a country
that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting”
country; and (2) you are not listed on any U.S. Government list of
prohibited or restricted parties.
* Apple and Apple’s subsidiaries are third-party beneficiaries of these
Terms of Use and, upon your acceptance of the terms and conditions of
these Terms of Use, will have the right (and will be deemed to have
accepted the right) to enforce these Terms of Use against you as a
third-party beneficiary thereof; notwithstanding the foregoing,
Simon’s right to enter into, rescind or terminate any variation,
waiver, or settlement under these Terms of Use is not subject to the
consent of any third party.
b. SIMON GIFTCARDS
Your purchase and use of Simon Giftcards is subject to separate terms
and conditions (listed below) related to Simon Gift cards and not these
Terms of Use, please visit our Simon Giftcard site for more information
or look up the relevant terms and conditions at one of the following
links:
* Terms and Conditions for Consumer Giftcard Purchases
* Terms and Conditions for Corporate or Bulk Giftcard Purchases
c. ACCOUNT-BASED SERVICES
Accounts registered to the following services associated with the Sites
have additional terms and conditions referenced in their registration
forms (linked below):
* Simon Mall Insider
* VIP Shopper Club
14. DISCLAIMER OF WARRANTIES
THE SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY,
AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE
SITES OR SIMON PROPERTIES (OR BOTH), ARE PROVIDED BY SIMON ON AN “AS IS”
AND “AS AVAILABLE” BASIS. NO SIMON ENTITY MAKES ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR
OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SIMON ENTITIES DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING, THE SIMON ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, FOR ANY PRODUCTS OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST
EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SITES IS AT YOUR SOLE
RISK. THIS SECTION 14 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY
OFFERED BY THE MANUFACTURER OF ANY PRODUCT THAT IS SOLD BY SIMON (IF ANY)
OR ANY VENDOR TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF
THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU
ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES AND AGREE THAT ANY
INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE
SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED THIRD
PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
NO SIMON ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR
DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SITES.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY
APPLICABLE LAW, THE SIMON ENTITIES AND VENDORS ON THE SITES WILL NOT BE
LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY
LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR
OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES
OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE
RELEVANT SIMON ENTITY(IES) OR VENDOR(S) HAS(HAVE) BEEN ADVISED OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT
PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED
TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR
TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES,
FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT,
DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY
RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE
FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO SIMON
ENTITY OR VENDOR SELLING ON OR LINKED FROM THE SITES WILL BE LIABLE FOR ANY
DAMAGES IN EXCESS OF (i) THE PURCHASE PRICE PLUS APPLICABLE TAXES AND FEES
(E.G., SHIPPING AND HANDLING) PAID BY YOU FOR ANY DISPUTE RELATED TO A
PURCHASE OF ANY PRODUCT ON OR FROM THE SITES OR A THIRD-PARTY SITE
REFERENCED ON, LINKED FROM, OR OTHERWISE ACCESSED FROM OR THROUGH THE
SITES; (ii) THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF ANY
SERVICE(S) OR MATERIALS ON THE SITES RELEVANT TO SUCH CLAIM DURING THE SIX
(6) MONTH PERIOD PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE (“CLAIM
PERIOD”) IF THE CLAIM IS REGARDING SERVICE(S) OR MATERIALS ON ONE OF THE
SITES FOR WHICH YOU PAID FEES OR (ii) $50 (USD) IF NO FEES WERE PAID BY YOU
IN CONNECTION WITH THE RELEVANT SERVICE(S) OR MATERIALS ON ONE OF THE SITES
DURING THE CLAIM PERIOD.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED
BY APPLICABLE LAW, NONE OF THE SIMON ENTITIES WILL BE LIABLE FOR ANY
CONDUCT OF OR CONTENT MADE AVAILABLE BY YOU, ANY OTHER USER OR SHOPPER ON
ANY OF THE SITES OR AT SIMON PROPERTIES, OR ANY VENDOR, THAT IS DEFAMATORY,
OFFENSIVE, ILLEGAL, OR OTHERWISE IN VIOLATION OF THESE TERMS OF USE.
16. INDEMNITY
You agree to indemnify, defend, and hold harmless the Simon Entities and
our Vendors (collectively, “Indemnified Parties”) from and against any and
all damages, harm, loss, liability, claims, actions, demands, costs and
expenses, including reasonable attorneys' fees and costs of settlement
(each a “Claim”), arising out of or related to (i) your misuse of or
reliance on the Sites or Materials (or both or of any element or component
of either or both), (ii) your use or misuse of Third-party Materials or
Third-party Sites (or both or of any element or component of either or
both), (ii) Content you or any other user makes available, or (iii) your
violation of this Terms of Use or any Applicable Laws. The Indemnified
Parties, individually or jointly, reserve the right, at your expense, to
assume the exclusive defense and control of any Claim for which you are
required to indemnify such Indemnified Parties and you agree to cooperate
with such Indemnified Parties in the defense of such Claim. You further
agree not to settle any Claim without the prior written consent of the
affected Indemnified Party(ies). We will use reasonable efforts to notify
you if we are made aware of any Claim for which you owe an Indemnified
Party an indemnity under this Section 16.
17. DISPUTE RESOLUTION (ARBITRATION)
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL
RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
a. ARBITRATION AGREEMENT.
EXCEPT FOR DISPUTES THAT QUALIFY FOR AND ARE FILED IN SMALL CLAIMS
COURT IN A COURT OF COMPETENT JURISDICTION, YOU AGREE THAT ALL DISPUTES
ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE
RELATIONSHIP BETWEEN YOU AND THE SIMON ENTITIES, INCLUDING ANY PRODUCTS
OR SERVICES OFFERED OR SOLD BY SIMON, VENDORS, OR THE SIMON ENTITIES,
WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR
ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING
ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY
A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE,
YOU AND SIMON AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND
TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the
Arbitration Agreement in these Terms of Use.
b. CLASS ACTION AND MASS ACTION WAIVER.
YOU AND SIMON AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION
AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Simon each
agree to waive the right to have any dispute or claim subject to the
Arbitration Agreement brought, heard, administered, resolved, or
arbitrated as a class arbitration, class action, collective action, or
Mass Action to the maximum extent permitted by Governing Law. “Mass
Action” means a situation in which a Party is represented by a law firm
or other representative, or a collection of law firms or other
representatives, that has initiated more than one hundred (100)
arbitration Demands (as defined in the next paragraph) with common
questions of law or fact against any of the Simon Entities within 180
days of initiating your arbitration Demand. This paragraph may be
referred to as the “Class Action and Mass Action Waiver” in these Terms
of Use. Nothing in these Terms of Use precludes you from bringing
issues to the attention of federal, state, or local government agencies
and, if Applicable Law allows, such agencies may seek relief against
Simon for you.
c. INITIATING A DEMAND FOR ARBITRATION.
Any arbitration required by the Arbitration Agreement shall be
initiated by You or Simon by sending the other a written demand for
arbitration (“Demand”) only via first-class mail, FedEx, or UPS within
the statute of limitations period provided by Governing Law. Your
Demand shall be delivered to Simon Media Properties, LLC, Attention:
General Counsel, 225 W. Washington Street, Indianapolis, IN 46204 and
you shall send a facsimile copy of such Demand by e-mail at
sfivel@simon.com. The Demand must include (i) the name, telephone
number, mailing address, and email address of the person or entity
seeking arbitration; (ii) a statement of the legal claims asserted and
the factual basis for those claims; (iii) a description of the remedy
sought and an accurate, good-faith calculation of the amount in
controversy; (iv) the original personal signature of the Party seeking
arbitration; and (v) the original personal signature of any legal
counsel or other representative purporting to represent the Party
seeking arbitration. For purposes of this paragraph, “original personal
signature” does not include any digital, scanned, electronic, copied,
or facsimile signature. An original personal signature on the Demand
certifies the following: (i) the Demand is not being presented for any
improper purpose, such as to harass, cause unnecessary delay, or
needlessly increase the cost of litigation; (ii) the claims and other
legal contentions are warranted by existing Applicable Law or by a
non-frivolous argument for extending, modifying, or reversing existing
Applicable Law or for establishing new Applicable Law; and (iii) the
factual contentions have evidentiary support or, if specifically so
identified, will likely have evidentiary support after a reasonable
opportunity for further investigation or discovery. The original
personal signature by the Party seeking arbitration shall verify under
penalty of perjury that the factual statements contained in the Demand
are true and correct. Compliance with this paragraph tolls any
applicable statute of limitations as to any dispute or claim subject to
the Arbitration Agreement that is stated in the Demand.
d. FILING A DEMAND FOR ARBITRATION.
A Party seeking arbitration of any dispute or claim subject to the
Arbitration Agreement shall submit a copy of the Demand to the American
Arbitration Association (“AAA”) sixty (60) or more days after the
Demand is initiated pursuant to Section 17(c) of these Terms of Use.
The arbitration will be administered by the AAA pursuant to the current
AAA Consumer Arbitration Rules, except to the extent modified by these
Terms of Use. The AAA rules and instructions are available on the AAA
website at www.adr.org/consumer.
e. CONDUCT OF ARBITRATION.
In any arbitration of a dispute or claim that is subject to the
Arbitration Agreement:
1. You or Simon may file such dispositive motions as would be permitted
by the Federal Rules of Civil Procedure without obtaining permission
from the arbitrator. Upon the filing of any dispositive motion, the
arbitrator may stay all further action and deadlines in the
arbitration until deciding such motion.
2. The Parties shall have the right to conduct such discovery from the
opposing Party or any third party that is proportional to the needs
of the claim or dispute, considering the importance of the issues at
stake, the amount in controversy, the importance of the discovery in
resolving the issues, and whether the burden or expense of the
proposed discovery outweighs its likely benefit. Proportionality
shall be decided by the arbitrator when requested by either Party.
3. The arbitrator shall conduct any calls, conferences, or hearings by
teleconference or videoconference, unless the arbitrator determines
that an in-person hearing is appropriate and necessary. Any
in-person hearing will be held at a location that is reasonably
convenient to both Parties. You and an employee of Simon shall
attend all arbitrator calls, conferences, and hearings.
4. A Party may make a written offer of judgment at least seven (7) days
before the date set for the arbitration hearing.
5. If the arbitrator finds that a Party’s claim, counterclaim, or
appeal was frivolous, asserted in bad faith, or pursued for purposes
of harassment, the arbitrator shall award the opposing Party its
attorneys’ fees, costs, and expenses and all amounts charged by AAA
for the arbitration.
6. The arbitrator will follow these Terms of Use and Governing Law. The
arbitrator shall not have the authority to commit errors of
Applicable Law or legal reasoning. The arbitrator may award relief
only in favor of the individual Party seeking relief and only to the
extent necessary to provide relief warranted by that individual
Party’s claim. The arbitrator may not award relief for or against
anyone who is not a Party, though the individual relief awarded by
the arbitrator may incidentally affect non-Parties.
7. You or Simon may appeal an arbitration award that manifestly
disregards the law by filing a notice of appeal with the AAA within
30 days after an award is rendered and delivered to the Parties. The
appeal shall be heard by a single arbitrator unless the Parties
agree to a multi-arbitrator appellate panel. The arbitrator(s)
assigned to the appeal shall be selected by agreement of the Parties
from among those on the AAA Appellate Panel. If the Parties are
unable to agree, AAA shall appoint the arbitrator(s) from among
those on the AAA Appellate Panel. An arbitrator who previously
presided over any aspect of a case shall be ineligible from serving
as an appellate arbitrator in that same case. The appeal, including
briefing, shall be conducted pursuant to the Parties’ agreement or
the appellate arbitrator(s)’ orders if the Parties are unable to
agree.
f. PROCESS FOR ARBITRATION BELLWETHER DEMANDS.
If twenty-five (25) or more Demands for arbitration of a dispute or
claim subject to the Arbitration Agreement are initiated (i) that
involve common questions of law or fact and (ii) where the initiating
parties are represented by the same law firm, the same group of
coordinated law firms, or the same representative, then such Demands
shall be coordinated pursuant to this paragraph. The group of claimants
and group of respondents shall each select five (5) Demands, for a
total of ten (10), to be filed with AAA (collectively the “Bellwether
Demands”). Each of the Bellwether Demands shall be assigned by AAA to a
different arbitrator chosen from its national roster. After ninety (90)
days from the date all Bellwether Demands have been arbitrated and any
appeals exhausted, any remaining Demands subject to this paragraph may
be filed with AAA. The AAA Supplementary Rules for Multiple Case
Filings shall apply to the extent they are not inconsistent with this
paragraph. Notwithstanding any other provision in the Terms of Use, you
and Simon agree that a court of competent jurisdiction shall have
authority to enforce the terms of this paragraph with injunctive or
other relief.
g. SEVERABILITY.
If (i) any dispute or claim subject to the Arbitration Agreement is
filed as a class arbitration, class action, collective action,
representative action, or Mass Action and (ii) if the Class Action and
Mass Action Waiver is held invalid or unenforceable as to such dispute
or claim, then the Arbitration Agreement does not apply to that dispute
or claim and such dispute or claim must be brought in a court of
competent jurisdiction. If any provision of Section 17 other than the
Class Action and Mass Action Waiver is held invalid or unenforceable as
to a particular dispute or claim, then such provision shall be severed
from the Terms of Use, and the remainder of the Terms of Use shall be
enforceable to the maximum extent permitted by Governing Law.
h. APPLICABLE LAW.
Notwithstanding anything to the contrary in this Terms of Use, the
Federal Arbitration Act (“FAA”) governs the interpretation and
enforcement of Section 17 of these Terms of Use (only) by any
arbitrator or court of competent jurisdiction deciding any matter
pursuant to this Section 17. If the FAA is found not to apply to any
portion of Section 17 of these Terms of Use by any arbitrator or court
of competent jurisdiction, then the Governing Law shall govern the
interpretation and enforcement of such portion of this Section 17.
18. TERMINATION
These Terms of Use are effective unless and until terminated by either you
or Simon. You may terminate these Terms of Use at any time by discontinuing
any further use of the Sites. We also may terminate these Terms of Use at
any time and may do so immediately without notice, and deny you access to
the Sites, if in our sole discretion you fail to comply with any term or
provision of these Terms of Use. Upon any termination of these Terms of Use
by either you or Simon, you must promptly destroy all Materials and other
Content downloaded or otherwise obtained from the Sites, as well as all
copies of such Content, whether made under these Terms of Use or otherwise.
The following sections will survive any termination of these Terms of Use:
Section 2 (“Your Use of the Sites”), Section 3 (“Content and Ideas”),
Section 4 (“Monitoring and Security"), Section 5 (“Availability and
Reliability of the Sites and Materials"), Section 6 (“Vendor Products"),
Section 7 (“Third-party Sites and Materials"), Section 8 (“Accounts and
E-commerce"),” Section 9 (“Intellectual Property”) excluding any rights
granted to you in Section 9, Section 11 (“Privacy”), Section 14
(“Disclaimer of Warranties”), Section 15 (“Limitation of Liability”),
Section 16 ("Indemnity"), Section 17 (“Dispute Resolution (Arbitration)”),
and Section 19 (“General”).
19. GENERAL
These Terms of Use represent the complete agreement and understanding
between you and Simon and supersede all prior agreements and
representations between the Parties with respect to the subject matter of
these Terms of Use. These Terms of Use do not, and shall not be construed
to, create any partnership, joint venture, employer-employee, agency, or
franchisor-franchisee relationship between you and Simon. Headings used in
these Terms of Use are for reference purposes only and in no way define or
limit the scope of the relevant section. Except as provided in Section 17
above, if any provision of these Terms of Use is held to be unenforceable
for any reason, such provision will be reformed only to the extent
necessary to make it enforceable and the other terms of these Terms of Use
will remain in full force and effect. Except as provided in Section 17
above, these Terms of Use shall be interpreted and governed by the
Governing Law. The Parties agree that all disputes or claims in any way
relating to this Terms of Use that may be filed in a court pursuant to
Section 17 must be filed in, and the phrase “court of competent
jurisdiction” used anywhere in this Terms of Use means, a small claims
court located in Marion County, Indiana for all qualifying small claims
matters or, for other matters, any United States District Court or court of
the State of Indiana located in Marion County, Indiana. The failure of
Simon to act with respect to a breach of these Terms of Use by you or
others does not constitute a waiver and will not limit Simon's rights with
respect to such breach or any subsequent breaches. You may not assign,
transfer, or sublicense any or all of your rights or obligations under
these Terms of Use without our express prior written consent. We may
assign, transfer, or sublicense any or all of our rights or obligations
under these Terms of Use without restriction. Any use of the term
“including” or variations thereof in these Terms of Use shall be construed
as if followed by the phrase “,without limitation, .” Notices to you
(including notices of changes to this these Terms of Use) may be made via
posting to the Sites or by e-mail, push, or pop-up notification (including
in each case via links), or by regular mail. Without limitation, a printed
version of these Terms of Use and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to these Terms of Use to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
20. CONTACT US; CALIFORNIA CONSUMER COMPLAINTS
If you have any questions or comments, please contact us by one of the
methods listed on our Contact Us page. Please note that e-mail
communications will not necessarily be secure; accordingly, you should not
include credit card information or other sensitive information in your
e-mail correspondence with us. California residents may reach the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by mail at 1625 North Market Blvd.,
Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Back To Top
This is a dialog window which overlays the main content of the page. The modal
begins with a heading 2 called "DEALS, EVENTS AND MORE". Pressing the Close
Modal button at the bottom of the modal will close the modal and bring you back
to where you were on the page.
DEALS, EVENTS
AND MORE.
PLUS, IT’S FREE.
Get the inside scoop (and a chance at a $1,000 shopping spree) today.
EMAIL ADDRESS: Required BECOME A MALL INSIDER
* BECOME A MALL INSIDER TODAY.
DEALS. EVENTS.
EXCLUSIVE OFFERS!
Become a Mall Insider today for the chance to win a $1,000 shopping spree!
EMAIL ADDRESS: Required JOIN
*
*
*
*
*
FIND A SIMON CENTER
--------------------------------------------------------------------------------
Learn More
* About Simon
* See All Properties
* Travel & Tourism
* Brands
More From Simon
* Shop Premium Outlets
* Simon SAID
* Simon Credit Card
* Simon Youth Foundation
Simon Giftcards®
* Purchase a Giftcard
* Register Your Card
* Check Your Balance
* Account Sales
For Businesses
* Advertising
* Leasing
* Portfolio
* Retailer Marketing
COPYRIGHT© 1999-2024, SIMON MEDIA PROPERTIES, LLC ALL RIGHTS RESERVED.
By continuing past this page and/or using this site, you agree to abide by the
Terms of Use for this site, which prohibit commercial use of any information on
this site. View our Privacy Policy, Cookie Policy & Do Not Sell or Share My
Personal Information and Opt Out of Targeted Advertising
Your Opt Out Preference Signal is Honored
YOUR DATA & PRIVACY RIGHTS
At this time, only website visitors from California, Connecticut, Colorado, and
Virginia can choose to opt out. If you would like to disable cookies and similar
technologies, please visit your browser settings. Please note, blocking certain
types of cookies may impact your experience of the site and the services we are
able to offer.
You can learn more about our privacy practices by reading our Privacy Policy at
https://www.simon.com/legal/privacy.
More information
Allow All
MANAGE CONSENT PREFERENCES
STRICTLY NECESSARY COOKIES
Always Active
These cookies are necessary for the website to function and cannot be switched
off in our systems. They are usually only set in response to actions made by you
which amount to a request for services, such as setting your privacy
preferences, logging in or filling in forms. You can set your browser to block
or alert you about these cookies, but some parts of the site will not then work.
These cookies do not store any personally identifiable information.
* FUNCTIONAL COOKIES
Always Active
These cookies enable the website to provide enhanced functionality and
personalisation. They may be set by us or by third party providers whose
services we have added to our pages. If you do not allow these cookies then
some or all of these services may not function properly.
* TARGETING COOKIES
Always Active
These cookies may be set through our site by our advertising partners. They
may be used by those companies to build a profile of your interests and show
you relevant adverts on other sites. They do not store directly personal
information, but are based on uniquely identifying your browser and internet
device. If you do not allow these cookies, you will experience less targeted
advertising.
* SOCIAL MEDIA COOKIES
Always Active
These cookies are set by a range of social media services that we have added
to the site to enable you to share our content with your friends and
networks. They are capable of tracking your browser across other sites and
building up a profile of your interests. This may impact the content and
messages you see on other websites you visit. If you do not allow these
cookies you may not be able to use or see these sharing tools.
* PERFORMANCE COOKIES
Always Active
These cookies allow us to count visits and traffic sources so we can measure
and improve the performance of our site. They help us to know which pages are
the most and least popular and see how visitors move around the site. All
information these cookies collect is aggregated and therefore anonymous. If
you do not allow these cookies we will not know when you have visited our
site, and will not be able to monitor its performance.
Cookies Details
Back Button
PERFORMANCE COOKIES
Search Icon
Filter Icon
Clear
checkbox label label
Apply Cancel
Consent Leg.Interest
checkbox label label
checkbox label label
checkbox label label
Confirm My Choices
Feedback