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Last updated: June 20, 2012
These Terms & Conditions Of Use (the "Terms") govern your use of the Simon Malls Wi-Fi service (the “Service”) provided by Simon Property Group, L.P. and its affiliates and subsidiaries (collectively, “SPG”).
SPG reserves the right to modify these Terms by posting new versions on this website as well as the right to provide additional notice of significant changes. Your continued use of the Service following such changes constitutes your acceptance of those changes.
Before using the Service, please read these Terms carefully. Your access to, and use of, the Service represents your agreement to these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.
Terms & Conditions Of Use
Description of the Service
The Service provides you with wireless access to the Internet via certain SPG high-speed Internet access points located in certain shopping centers (including The Mills® type properties), outlet centers and community lifestyle centers owned, operated and/or managed by SPG. SPG does not, as an ordinary practice, proactively monitor the activities of those who use the Service or exercise any editorial control over any material transmitted, hosted or posted using the Service to ensure that users comply with these Terms and/or the law, although it reserves the right to do so.
SPG will not terminate, disconnect or suspend the Service because of the views expressed by a user of the Service on public policy matters, political issues or political campaigns. However, SPG may immediately terminate or suspend your access to all or a portion of the Service, without notice, for (i) conduct that SPG believes constitutes a violation of any law, rule, regulation or tariff (including, without limitation, copyright and intellectual property laws) and/or conduct that could expose SPG to sanctions, prosecution, civil action or other liability; (ii) a violation of these Terms, or any applicable policies or guidelines; (iii) conduct that could cause harm to, or interfere with the integrity or normal operations of SPG’s network(s) or facilities and/or interfere with another person's use of the Service or the Internet, or (iv) conduct that could otherwise present a risk of harm to SPG or any third party. SPG may also terminate or suspend your access to the Service if you access the Service through the use of inappropriate means or methods, including, without limitation, by providing false or inaccurate information. If your access to the Service is suspended or terminated as set out herein, you must get written approval from SPG’s Abuse Team (outside of the normal ordering process) prior to accessing the Service in the future. In any case, SPG may, in its discretion, decline to reinstate your ability to access the Service. If SPG discovers that you have accessed the Service following termination as set out above without the prior written consent of SPG’s Abuse Team, it may terminate such access without further notice.
Modifications to the Service / Updates to the Terms
SPG reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. You agree that SPG will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service and hereby release SPG from any and all damages, liabilities, costs and/or expenses of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such modification, suspension or discontinuance of the Service.
Operational Limits of the Service
Accessibility of the Service is subject to the availability and operational limitations of the requisite equipment and associated facilities. You acknowledge and agree that temporary interruptions of the Service may occur and that SPG will not be liable for such interruptions. You further acknowledge and agree that SPG has no control over third party networks that may be accessed by you during your use of the Service, and that delays and disruptions of other network transmissions are beyond SPG’s control. SPG will not be liable for any failure of performance due to any cause beyond SPG’s reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by you or any equipment used by you to access and/or use the Service.
SPG requires all users of the Service to provide certain personal information in order to access the Service. All information provided by you to SPG must be accurate and complete, including your name, email address or mobile phone number. You are also responsible for the actions of others who access or use the Service under your name and associated contact information.
Third Party Content Disclaimer/ Links to Third Party Sites
General Use Restrictions
The Service is provided on a non-exclusive basis solely for your use (unless otherwise specifically stated in these Terms) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your access to, or use of, the Service, or any portion thereof. You have no right to sublicense, assign or transfer your right to access or use the Service.
All information, documents, products, and software (the "Materials") provided as part of, or in connection with, the Service were provided by or to SPG by their respective manufacturers, authors, developers, licensees and vendors (the "Third Party Providers") and all right, title and interest therein (including, without limitation, copyright) are the property of SPG and/or the applicable Third Party Providers. Except as expressly stated in these Terms, none of the Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of SPG or the applicable Third Party Provider(s), and no license of any intellectual property right in any such Materials is granted through access to, or use of, the Service, whether by estoppel, implication, or otherwise. You are also prohibited from "mirroring" any Material provided with the Service on any other server absent SPG’s express prior written permission in each instance. In addition to violating these Terms, unauthorized use of any Materials provided with or through the Service may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes.
Without limiting anything set out elsewhere in these Terms, any failure by you to adhere to the rules, guidelines or agreements governing the use of any search engines, subscription web services, chat areas, bulletin boards, web pages, USENET, or other services to which you have access through the Service will be deemed a violation of these Terms.
The Service shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to SPG’s network or to the network of any other IP service provider. You shall not create or attempt to utilize a domain name that is fraudulent, indecent, offensive, deceptive, threatening, abusive or harassing.
SPG has a zero tolerance policy regarding use of the Service to engage in inappropriate conduct with a minor (anyone under 18 years of age). You shall not knowingly collect or solicit personal information from a minor without the express consent of the parent or guardian of the minor, nor shall you use the Service to harm or intimidate a minor. SPG complies with all federal and state laws pertaining to the protection of minors, including the reporting of all apparent cases of child pornography or exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.
Violation of the CAN-SPAM Act of 2003, or any state or federal law regulating e-mail services, constitutes an automatic violation of these Terms and SPG reserves the right to seek damages and other available relief against you, as applicable. Examples of such violations include, but are not limited to, the following activities:
- sending unsolicited electronic mail messages and "mail-bombing" (sending mass unsolicited e-mail messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient);
- using another site's mail server to relay mail without the express permission of the site;
- using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin;
- using IP addresses that you do not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- spamming, or sending unsolicited commercial e-mail, sending unsolicited electronic messages with petitions for signatures, or any chain mail related materials, or requests for charitable donations;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the Service or the Internet (e.g., through language, frequency, size or otherwise);
- sending bulk (i.e., twenty-five or more recipients) electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- using distribution lists containing addresses that include those who have opted out;
- sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other information contained in the subject line or header;
- forging headers or identifiers in order to disguise the origin of e-mail;
- use of redirect links in unsolicited commercial e-mail to advertise a website or service;
- posting a single message, or messages to online forums or newsgroups, that could reasonably be expected to provoke complaints;
- posting messages to or canceling or superseding messages on an online forum or newsgroup in a manner that violates the rules of the forum or newsgroup or that contain forged header information;
- sending bulk electronic messages in quantities that exceed standard industry norms or that create the potential for disruption of the SPG network or of the networks with which SPG interconnects;
- intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties;
- knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends; and
Because spam-related damages are often difficult to quantify, in those cases where the actual damages cannot be reasonably calculated, SPG reserves the right to seek from you liquidated damages in the amount of five dollars (USD $5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account, in addition to any other rights and remedies SPG may have in contract, law and equity.
The Service may not be used to interfere with, to gain unauthorized access to, or otherwise violate the security of SPG’s or another party's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of violations of system or network security include but are not limited to:
- intercepting, interfering with or redirecting e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses;
- hacking - attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
- impersonating others in order to obtain another user's account password or other personal information;
- using the Service to deliver spyware, or secretly or deceptively obtain the personal information of third parties (phishing, etc.), or engage in modem hi-jacking;
- using any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication;
- distributing or using tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);
- unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; this would include use of sniffers or SNMP tools;
- falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
- knowingly uploading or distributing files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- engaging in the transmission of pirated software;
- with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow your account to stay logged on while you are not actively using the Service or using your account for the purpose of operating a server of any type;
- using manual or electronic means to avoid any use limitations placed on the Service;
- gaining unauthorized access to private networks; and
- violating rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the Service.
Unless otherwise explicitly stated in these Terms, any content provided by you in connection with your access to, or use of, the Service shall be deemed to be provided on a non-proprietary and non-confidential basis. SPG shall have no obligation of any kind with respect to such content and shall be free to use or disseminate such content on an unrestricted basis for any purpose. You acknowledge that you are responsible for the content that you submit, and you, not SPG, have full responsibility for such content, including their legality, reliability, appropriateness and originality.
Disclaimer of Warranties
UNLESS OTHERWISE EXPLICITY STATED IN THESE TERMS, THE MATERIALS AND THE SERVICE ARE PROVIDED "AS IS", AND ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SPG MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE, OR ANY OF MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, AS SPG DOES NOT AUTHORIZE ANYONE TO MAKE A REPRESENTATION OR WARRANTY ON SPG’S BEHALF, YOU MAY NOT RELY ON ANY REPRESENTATION OR WARRANTY BY A THIRD PARTY AS A REPRESENTATION OR WARRANTY OF SPG.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPG, ANY THIRD PARTY PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND/OR THE MATERIALS, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER SPG OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES. IN JURISDICTIONS WHERE THE DISCLAIMER OF DAMAGES IS NOT PERMITTED, SPG’S SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID (IF ANY) TO SPG BY YOU FOR USE OF THE SERVICE.
You agree to indemnify, defend and hold SPG, Third Party Providers and its and their agents, suppliers, licensees, successors or assigns and its and their officers, directors, employees, contractors and agents (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service or the Materials; (c) your breach or alleged breach of these Terms; and/or (d) your violation of the rights of any third party. Without limiting anything set out in these Terms, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connection with these Terms and/or any use by you of the Service. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Liability of Customer
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST SPG AND/OR ANY THIRD PARTY PROVIDER FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS.
Local Laws; Export Control
SPG controls and operates the Service from the United States and makes no representations or warranties that the Materials or the Service are appropriate or available for use in other locations. If you access/use the Service or the Materials from other locations, you agree to assume sole responsibility for compliance with applicable local laws, including but not limited to, the export and import regulations of other countries, and acknowledge that access to the Services and/or the Material may not be legal by certain persons, or in certain countries. Unless otherwise explicitly stated, any marketing or promotional materials provided with or through the Materials or the Service are solely directed to individuals, companies or other entities located in the United States. You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations and that diversion of such Materials contrary to U.S. law is prohibited. You further agree that none of the Materials, nor any direct product derived therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical or biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from SPG, and you must comply with the list, as it may be amended from time to time. By accessing and using the Service, you certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to strictly comply with all applicable export laws, restrictions and regulations of any United States or foreign agency or authority and will not export or re-export, or allow the export or re-export of, any product, technology or information you obtain or acquire in connection with the Service in violation of any such laws, restrictions or regulations.
U.S. Government Rights
Materials are provided with the following restrictions: use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and vendor's applicable license terms, and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the Materials by the U.S. Government constitutes acknowledgment of SPG’s and/or the applicable Third Party Provider's proprietary rights in them.
SPG’s decisions with respect to interpretation of these Terms and appropriate remedial actions are final and determined by SPG in its sole discretion. Without limiting anything set out elsewhere in these Terms, SPG may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. SPG assumes no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.
These Terms constitute the entire agreement between you and SPG with respect to your access to, and use of, the Service. The failure of SPG to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the access or use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. These Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms are governed by the internal substantive laws of the State of Indiana, without regard to its conflict of law principles. Jurisdiction for any claims arising under these Terms shall lie exclusively with the state or federal courts in Indianapolis, IN USA. To the fullest extent permitted by applicable law, no claim under these Terms may be joined to any other claim, including any legal proceeding involving any other current or former user of the Application, and no class action proceedings will be permitted.
Any complaints (other than claims of copyright or trademark infringement) regarding violation of these Terms should be directed to
. Where possible, include details that would assist SPG in investigating and resolving such complaint (i.e. expanded headers and a copy of the offending transmission).