Terms of Use

1. Acceptance of Terms of Use

When you create a VIP Passport account, you are asked to review and expressly agree to these Terms of Use and our Privacy Policy before completing registration. By checking the agreement box during onboarding and using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms may be revised or updated from time to time. When we make material changes, we will provide notice (such as a banner on the Service or an email to your account). You can determine when the Terms were last revised by referring to the "Last Revised" date at the top of this page.

2. Permitted Users

The Service is available to users who are 13 years of age or older. If you are under 13, you may not use the Service or submit any personal information. We do not knowingly collect information from children under 13.

If you are between 13 and 17 years of age, you must have the permission of a parent or legal guardian to use the Service. Your parent or guardian is agreeing to these Terms on your behalf and is responsible for your use of the Service.

If you are 18 or older, you represent that you have the legal capacity to enter into these Terms and are not prohibited from accessing the Service under applicable law.

If you are a parent or guardian and believe we may have inadvertently collected personal information from your child under 13, please notify us immediately at info@southcoastplaza.com.

3. Privacy Policy

Our Privacy Policy describes how we collect, use, and protect your personal information. It is incorporated into these Terms by reference, and we encourage you to read it carefully. By creating an account, you acknowledge that you have reviewed the Privacy Policy and understand how your information will be handled.

4. Service Description and Permitted Uses

VIP Passport provides registered users with access to exclusive offers and promotions from participating retailers at South Coast Plaza. The Service allows you to:

• Browse available offers from participating retailers
• Activate offers for redemption at participating retailers
• Save offers to your favorites for later viewing
• Track your offer history and redemptions

The content available through the Service, including text, graphics, logos, images, and other materials (the "Content"), is the sole and exclusive property of SCP, its licensors, or participating retailers.

The Content is made available for your personal, noncommercial use only. Any use of the Service or Content in any way not expressly permitted by these Terms is prohibited.

5. Offers and Redemptions

Offers displayed on the Service are provided by participating retailers and are subject to the following:

• Offers may have expiration dates, usage limits, or other restrictions
• Offers must be activated through the Service before redemption
• Activated offers have a limited time window for redemption (typically displayed when activating)
• Offers are subject to availability and may be modified or discontinued at any time
• Retailers reserve the right to refuse any offer redemption at their discretion
• Offers cannot be combined with other promotions unless explicitly stated
• Offers have no cash value and cannot be exchanged for cash or credit

SCP is not responsible for the fulfillment of offers by participating retailers. Any disputes regarding offer redemption should be directed to the participating retailer.

6. AI Concierge

The Service includes an AI-powered chat assistant ("VIP Concierge") that can help you discover stores, dining, offers, and services at South Coast Plaza. By using the AI Concierge, you acknowledge and agree to the following:

• The AI Concierge is powered by artificial intelligence and large language models. It is not a human and may produce inaccurate, incomplete, or outdated information.
• AI-generated responses are provided for informational purposes only and do not constitute professional advice, endorsements, or guarantees of any kind.
• Store hours, product availability, offer details, and other information provided by the AI Concierge may not always be current or accurate. Always verify important details directly with the retailer.
• Your use of the AI Concierge is entirely optional and requires your explicit consent. You may revoke consent at any time from your Profile settings.
• SCP is not liable for any loss, damage, or inconvenience arising from your reliance on information provided by the AI Concierge.
• Your conversations with the AI Concierge are processed by OpenAI and stored as described in our Privacy Policy.

7. Prohibited Conduct

You agree not to engage in any of the following activities in connection with the Service:

• Using automated scripts, bots, scrapers, or other automated means to access the Service or extract data
• Attempting to gain unauthorized access to the Service, other accounts, or systems connected to the Service
• Reverse engineering, decompiling, or disassembling any portion of the Service
• Impersonating another person or entity, or falsely representing your affiliation with a person or entity
• Using the Service for any fraudulent purpose, including fraudulent offer redemptions
• Circumventing, disabling, or interfering with security features of the Service, including offer usage limits or activation restrictions
• Sharing, transferring, or reselling your account credentials or activated offers
• Submitting false, misleading, or abusive content through the AI Concierge or any other feature
• Using the Service in any manner that could damage, disable, or impair the Service or interfere with other users
• Violating any applicable law, regulation, or these Terms

8. Proprietary Rights

You acknowledge and agree that all right, title, and interest in and to the Service and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, and all other intellectual property rights, are owned exclusively by SCP, its affiliates, or participating retailers, and are protected by United States intellectual property and other applicable laws.

Copyright: All Content is the copyright and property of SCP, its affiliates, or participating retailers, and is protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell, or exploit any portion of the Service or the Content without express written authorization from SCP.

Trademarks: South Coast Plaza®, VIP Passport™, and other trademarks, service marks, and logos used on the Service are proprietary to SCP or participating retailers. Third-party trademarks referenced in the Service do not constitute or imply endorsement by the respective trademark owners.

9. Account Security

Authentication for the Service is handled by our third-party identity provider, Auth0 (operated by Okta, Inc.). SCP does not store or manage your login credentials directly. Your password and authentication data are governed by Auth0's security practices and policies.

You are responsible for safeguarding access to your account, including:

• Keeping your login credentials secure and not sharing them with anyone
• Logging out of your account when using shared or public devices
• Immediately notifying SCP at info@southcoastplaza.com if you believe your account has been accessed without your authorization

You are responsible for all activity that occurs under your account. SCP is not liable for any loss or damage arising from unauthorized use of your account where you have failed to safeguard your credentials.

10. Your Indemnity of SCP

11. Links to Other Websites

The Service may contain links to websites operated by participating retailers or other parties. These linked sites are not under the control of SCP, and we are not responsible for their content, privacy practices, or availability. Links to other websites do not imply SCP's endorsement of those websites. You acknowledge and agree that SCP is not responsible or liable for any damage, loss, or claim caused by or in connection with your access to or use of any linked website.

12. Modifications, Suspension and Termination

SCP reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Service 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 Service.

SCP reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Service for any reason, 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 or termination.

13. Disclaimers and Limitation of Liability

14. 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 Consumer Information Center of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

15. Arbitration; Governing Law and Disputes

Most concerns can be resolved quickly by contacting us at info@southcoastplaza.com or calling 1-800-782-8888. In the unlikely event that we are unable to resolve your concerns, we each agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

Arbitration Agreement

SCP and you agree to arbitrate any and all disputes and claims arising out of or relating to these Terms or use of the Service, except for disputes relating to intellectual property rights, to the maximum extent permitted by applicable law. This agreement to arbitrate is intended to be broadly interpreted.

• Arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury
• Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted
• SCP will pay all administrative costs of the arbitrator for individual claims that are not frivolous
• The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), as then in effect at the time of filing
• Hearings will take place in Orange County, California, unless you and SCP mutually agree to another location or to a virtual proceeding

Class Action Waiver

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.

Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its conflict of laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provision.

16. Electronic Communications

By using the Service and providing your email address, you consent to receive electronic communications from us, including account notifications, service updates, and privacy-related notices. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. 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.
• SCP's failure to act with respect to any failure by you to comply with these Terms does not waive SCP's right to act with respect to subsequent or similar failures.
• These Terms set forth the entire understanding and agreement between you and SCP with respect to the Service.
• Any cause of action or claim you may have with respect to these Terms or the Service must be commenced within one (1) year after the claim or cause of action arises, or it will be permanently barred.
• You may not assign or transfer your rights or obligations under these Terms without the prior written consent of SCP.
• SCP reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Questions?

If you have any questions regarding these Terms of Use, please contact us: