South Coast Plaza ("SCP," "we," or "us") welcomes you to VIP Passport (the "Service"). Use of the Service is subject to the following Terms of Use (together with the Privacy Policy, collectively the "Terms"). By using the Service, you agree to be bound by these Terms.
Table of Contents
- Acceptance of Terms of Use
- Permitted Users
- Privacy Policy
- Service Description and Permitted Uses
- Offers and Redemptions
- Proprietary Rights
- Account Password and Security
- Your Indemnity of SCP
- Links to Other Websites
- Modifications, Suspension and Termination
- Disclaimers and Limitation of Liability
- Notice Required by California Law
- Arbitration; Governing Law and Disputes
- Miscellaneous
1. Acceptance of Terms of Use
By accessing and using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, 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 Service.
YOUR ACCESS TO AND USE OF THE SERVICE 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 SERVICE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms may be revised or updated from time to time. You can determine when the Terms were last revised by referring to the "Last Revised" date at the top of this page. Each time you access or use the Service, you signify your acceptance of the then-current Terms.
2. Permitted Users
In consideration of your use of the Service, you represent that you are of an age to form a legally binding contract and you are not prohibited from accessing or using the Service under the laws of the United States or any other applicable jurisdiction.
The Service is directed to persons 13 years of age or older. We do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Service or to submit any personally identifiable information. If you provide information through the Service, you represent that you are 13 years of age or older.
If you are between 13 and 17 years of age, you represent that you have the permission of a parent or guardian to use the Service and that they agree to these Terms on your behalf. If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please notify us immediately at info@southcoastplaza.com.
3. Privacy Policy
Please review the Privacy Policy for the Service, which is incorporated into these Terms. If you do not agree with the Privacy Policy, you are not authorized to access or use the Service.
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. 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.
7. Account Password and Security
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. You agree to:
- Log out of your account at the end of each session
- Keep your password confidential and not share it with anyone else
- Immediately notify SCP of any unauthorized use of your password or account or any other breach of security
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.
8. Your Indemnity of SCP
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SCP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, SERVICE PROVIDERS, AND PARTICIPATING RETAILERS (COLLECTIVELY, THE "SCP PARTIES"), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), ARISING OUT OF OR RELATING TO: (A) YOUR USE OF OR RELIANCE ON THE SERVICE; (B) YOUR VIOLATION OF THESE TERMS OR ANY APPLICABLE LAWS; (C) YOUR VIOLATION OF THE RIGHTS OF SCP, PARTICIPATING RETAILERS, OR ANY THIRD PARTY; OR (D) ANY ACTIVITY RELATED TO YOUR ACCOUNT.
9. 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.
10. 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.
11. Disclaimers and Limitation of Liability
THE SERVICE AND ALL CONTENT ARE PROVIDED 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 THE SERVICE OR ITS CONTENT.
SCP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCP AND ALL SCP PARTIES DISCLAIM ALL LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICE, EVEN IF SCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF IT IS FINALLY DETERMINED THAT THIS LIMITATION DOES NOT APPLY TO YOU, SCP'S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
12. Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
Service Provider: South Coast Plaza
3333 Bristol Street, Management Offices
Costa Mesa, CA 92626
Phone: 1-800-782-8888
Email: 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.
13. Arbitration; Governing Law and Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
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)
- Hearings will take place in the county of your billing address
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.
14. 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 six (6) months after the claim or cause of action arises.
- 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: