Last Revised: December 27, 2019
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse a Site, you signify your acceptance of the then-current Terms.
SCP may make changes to the Sites, content, services or features of the Sites at any time. You understand and agree that SCP may discontinue or restrict your use of the Sites at any time for any reason or no reason with or without notice.
2. PERMITTED USERS OF THE SITES
In consideration of your use of the Sites, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction.
The Sites are directed to persons 13 years of age or older. SCP and the Sites do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Sites or to submit any personally identifiable information to SCP on the Sites or offline. If you provide information to SCP through the Sites, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to the Sites, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf. If you are a parent or guardian and believe SCP may have inadvertently collected personal information from your child, please notify SCP immediately by sending an email to firstname.lastname@example.org detailing the basis of your belief and your request.
4. PERMITTED USES
The content available through the Sites, including without limitation any text, documents, blue prints, floor plans, drawings, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (the “Content”) is the sole and exclusive property of SCP, its licensors, or other content providers.
The Content is made available for your personal, noncommercial, individual use or your company’s use as a tenant or prospective tenant of a Building, or as a vendor to a tenant or prospective tenant of a Building or as vendor to SCP or a Building. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Site or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
5. PROPRIETARY RIGHTS
You acknowledge and agree that, as between SCP and you, all right, title, and interest in and to the Sites and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by SCP, or its affiliates, suppliers, vendors, merchants, brokers or licensors, and are protected by United States intellectual property and other applicable laws.
Copyright: All Content is the copyright and property of SCP or its affiliates, suppliers, vendors, merchants, brokers or licensors, and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Sites or the Content other than as expressly authorized by SCP in writing.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Sites are proprietary to SCP or its affiliates, suppliers, vendors, merchants, licensors, or partners or sponsors of promotional events sponsored by SCP or third parties (“Events”). Third party trademarks referenced in the Sites do not constitute or imply affiliation with, endorsement, or recommendation of SCP by the respective trademark owners, or by SCP of the respective trademark owners. Without limitation, South Coast Plaza®, the South Coast Plaza Design, Plaza Tower, Park Tower, Center Tower and any designs associated therewith are trademarks owned by SCP and/or its licensors, some of which are registered in the United States Patent and Trademark Office.
SCP respects the intellectual property rights of others and we ask that users of the Sites do the same.
If you believe that your intellectual property is being used on the Sites in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit us or our Designated Agent to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to our Designated Agent, whose contact information is as follows:
Mary Westbrook, South Coast Plaza, 3315 Fairview Road, Costa Mesa, California 92626
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
6. ACCOUNT PASSWORD AND SECURITY
The Sites may contain features that require registration of a username and password. If so, you are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. If you are using a username and password associated with an account of a tenant of the Building, you represent that you have authority from such tenant to use such tenant’s account and to act on behalf of such tenant. You agree that you will cease any and all use of a tenant’s account in the event that you are no longer an employee of such tenant or your employer is no longer a tenant of the building. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify SCP of any unauthorized use of your password or account or any other breach of security. If you have the ability to upload content to your account, you are solely responsible to backup such content. SCP reserves the right to delete or remove any content uploaded to any account at any time in its sole discretion. SCP is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section.
7. YOUR INDEMNITY OF SCP
TO THE MAXIMUM EXTENT BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SCP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, MEMBERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, EVENT SPONSORS OR PARTNERS, BROKERS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITES OR ANY CONTENT, OR SERVICES, YOUR DEALINGS IN CONNECTION WITH THE SITES OR SCP, OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITES OR SCP; OR (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF SCP OR ANY THIRD PARTY; OR (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY.
8. LINKS TO OTHER WEBSITES
The Sites may contain advertisements, postings and links to websites operated by other parties. The Sites provide these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under the control of SCP which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply SCP’s endorsement of information, material, products or services of any other party or any other website, or by any other party of SCP. SCP disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that SCP is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
9. MODIFICATIONS, SUSPENSION AND TERMINATION
SCP reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Sites, Content or the services offered in connection with the Sites, or any portion thereof, with or without notice. You agree that SCP will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, Content or the services offered in connection with the Sites.
SCP reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Sites, Content or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that SCP shall not be liable to you or any third party for any such suspension, discontinuance or termination.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITES AND ALL CONTENT ON THE SITES IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SCP MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND CONTENT IS AT YOUR SOLE RISK.
SCP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCP DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL DAMAGES OR INCREASED DAMAGES OR DAMAGES TO BUSINESS REPUTATION, DAMAGES ARISING FROM LOSS OF BUSINESS WITH THIRD PARTIES, OR LOSS OF PROFITS FROM TRANSACTIONS WITH THIRD PARTIES, WHETHER ANY OF THE FOREGOING ARE FORESEEABLE OR NOT, AND HOWEVER CAUSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITES OR THE CONTENT, EVEN IF SCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law. If it is finally determined by a Court of law or in binding arbitration that the limitation of liability set forth in this Section 10 does not apply to you, then you agree that SCP’s total liability in the aggregate for any claims made by you or any third party on your behalf shall not exceed one hundred dollars ($100.00).
11. NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the manager of the Buildings is South Coast Plaza, 3333 Bristol Street, Coast Mesa, CA 92626, 1-800-782-8888. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to email@example.com
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
12. ARBITRATION; GOVERNING LAW AND DISPUTES
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CONTACTING SCP’S CUSTOMER SERVICE DEPARTMENT AT firstname.lastname@example.org OR CALLING 1-800-782-8888. IN THE UNLIKELY EVENT THAT SCP’S CUSTOMER SERVICE DEPARTMENT IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THESE TERMS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. SCP WILL PAY ALL ADMINISTRATIVE COSTS OF THE ARBITRATOR, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS OR BROUGHT IN BAD FAITH. HOWEVER, IN ARBITRATION, BOTH YOU AND SCP WILL BE ENTITLED TO RECOVER ATTORNEYS´ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
(a) SCP and you agree to arbitrate any and all disputes and claims between us arising out of or relating to the Terms, or use of the sites, via the sites or through mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. These terms to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including seeking injunctive and other equitable relief, may be brought in a court of competent jurisdiction. The agreement to arbitrate otherwise includes, but is not limited to:
claims based in contract, tort, warranty, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Terms (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to our websites; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of these Terms.
For purposes of this arbitration provision, references to “SCP,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior agreements between us relating to or arising from any aspect of your use or access of the sites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into these Terms, you and SCP are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. These Terms evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of the Terms or your relationship with SCP for any reason.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to SCP should be addressed to: Legal Department – Arbitration Demand – c/o Mary Westbrook, 3315 Fairview Road, Costa Mesa, California 92626 (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from SCP (“Demand”). If SCP and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SCP may commence an arbitration proceeding.
(c) After SCP receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The filing fee currently is $200, but is subject to change by the arbitration provider. The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Terms’ other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of the Terms including, but not limited to any claim that all or any part of this arbitration provision or the Terms is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether these Terms permit class or representative proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by these Terms, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless SCP and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your billing or registered address. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, SCP will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse SCP for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
During the arbitration, the amount of any settlement offer made by SCP or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or SCP is entitled. In arbitration, and to the extent otherwise permitted by law, the parties may exchange “offers of compromise” or stipulate to judgments or awards in the same way the parties could in court, including for example, under California Code of Civil Procedure Section 998 for arbitrations taking place in California. Such offers in compromise shall have the same force and effect as they would in a court proceeding. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).
(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(e) YOU AND SCP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
(f) Notwithstanding any provision in these Terms to the contrary, we agree that if SCP makes any change to this arbitration provision (other than a change to the Notice Address) after your enrollment in a service or program or your use of the sites, you may reject any such change and require SCP to adhere to the language in this arbitration provision as written at the time of your enrollment or purchase if a dispute between us arises, by providing Notice to SCP at the Notice Address in subsection (b) above.