Terms of Use

Last Revised: June 25, 2014

South Coast Plaza, the property manager of Plaza Tower, Park Tower and Center Tower (each a “Building”), and the owners of each Building (“Owners”) (South Coast Plaza, the Owners, and their respective affiliates, collectively,  “SCP”) welcome you to the websites for the Buildings, www.plazatowerscp.com, www.parktowerscp.com, and www.centertowerscp.com (the “Sites”). Use of the Sites is subject to the following Terms of Use (“Terms”), together with the Privacy Policy.

 

1. ACCEPTANCE OF TERMS OF USE

By accessing and using a Site, you acknowledge that you have read, understood and agree to be bound by these Terms, including the Privacy Policy, which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Sites or any content on any Site.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITES AND CONTENT ON ANY SITE IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS OF USE AND SCP’S PRIVACY POLICY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

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. Any material changes in these Terms take effect upon posting and apply only to your use of the Sites and information collected from you on and after Last Revised date, unless we have other communications with you.

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 info@southcoastplaza.com detailing the basis of your belief and your request.

 

3. PRIVACY POLICY

Please review the Privacy Policy for the Sites, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Sites.

 

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 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. .

 

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

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 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 INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES 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.

 

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 info@southcoastplaza.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. GOVERNING LAW AND DISPUTES

You agree that any dispute between you and SCP arising out of or relating to these Terms, the Privacy Policy, the Sites or any Content will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against SCP. The laws of the State of California, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Orange County, California, U.S.A., and must be commenced within six (6) months after the dispute arises or any claim arising from the dispute shall be barred.

The Sites are controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Sites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. SCP does not represent that the Sites or Content are appropriate outside the United States of America. SCP reserves the right to limit the availability of the Sites for any person, geographic area or jurisdiction at any time in its sole discretion.

 

13. MISCELLANEOUS

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. SCP’s failure to act with respect to any failure by you or others to comply with these Terms does not waive SCP’s right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and SCP with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms or the Sites must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of SCP, and any assignment or transfer in violation of this provision shall be null and void. SCP reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Sites, including without limitation the right to block access from a particular internet address.