Fashion Outlets of Chicago Fashion Outlets Saving Pass Terms of Use

Fashion Outlets of Chicago LLC. (“Macerich” or “we”), is the operator of the shopping center commonly known as the Fashion Outlets of Chicago (the “Center”), and sponsor of certain Macerich branded physical and digital “Fashion Outlets Saving Passes”. Unless otherwise indicated, when the term "Fashion Outlets Saving Pass" is used in these Terms of Use, it refers to both the digital Fashion Outlets Saving Passes and the physical Fashion Outlets Saving Passes. These Fashion Outlets Saving Pass Terms of Use govern any use of the Fashion Outlets Saving Passes.

  1. FASHION OUTLETS SAVINGS PASS
    Read the following to learn how you can discounts at participating retailers at the Center when you present your Fashion Outlets Saving Pass (the “Program”).
    1. Promotion Period: The Program runs from 10:00 AM local time on April 1, 2016 until Macerich cancels the Program, which it may do at any time (the “Promotion Period”).
    2. Eligibility: The physical Fashion Outlets Saving Pass is open only to individuals who are 13 years or older. The digital Fashion Outlets Saving Passes is only open to individuals who are 13 years or older and who own a smartphone or other mobile device with Apple iOS or Android operating systems. The digital Fashion Outlets Saving Pass may not be available on all operating systems. Macerich does not charge to download the digital Fashion Outlets Saving Pass, but standard data rates may apply. Employees of Macerich and its affiliates, subsidiaries, representatives and agents and employees of Center retailers are not eligible. Macerich reserves the right to deny or disqualify any participant who fails to comply with the terms of this Program
    3. How to Participate: Take the following steps during the Promotion Period to receive discounts at participating Center retailers:
      1. Physical Fashion Outlets Saving Pass. Visit the concierge at the Center to purchase a physical Fashion Outlets Saving Pass. Purchased physical Fashion Outlets Saving Passes shall be valid for one (1) year or until the end of the Promotion Period, whichever comes first. Trial physical Fashion Outlets Saving Pass may also be available (at Macerich’s discretion and with expiration dates as determined by Macerich in its discretion) for no cost. Visit a participating Center retailer and present your physical Fashion Outlets Saving Pass at the time of purchase to receive a discount (which may vary by retailer and may be subject to change).
      2. Digital Fashion Outlets Saving Pass. Visit the concierge at the Center to purchase a redemption code for a digital Fashion Outlets Saving Pass. Redemption codes may expire. Purchased digital Fashion Outlets Saving Passes shall be valid for one (1) year or until the Promotion Period ends, whichever comes first. Redemption codes for trial digital Fashion Outlets Saving Passes may also be available at no cost. Trial Fashion Outlets Saving Passes shall be valid for a limited time. Redeem your digital Fashion Outlets Saving Pass code on your mobile device. The digital Fashion Outlets Saving Pass may not be available on all smartphone operating systems. You may obtain a discount by visiting a participating Center retailer and presenting your digital Fashion Outlets Saving Pass at the time of purchase. A retailer has the right to deny a discount if you do not present your Fashion Outlets Saving Pass before payment. The discount, if any, will vary by retailer and is subject to change at the discretion of the retailer.
      3. Lost and Stolen Fashion Outlets Saving Passes. Macerich is not responsible for lost Fashion Outlets Saving Passes (whether lost or stolen, misplaced, the result of a lost, stolen or nonfunctioning smartphone, or otherwise). Lost digital Fashion Outlets Saving Passes and Fashion Outlets Saving Pass codes will not be replaced.
      4. No Sharing of Cards. Macerich does not permit the sharing of a Fashion Outlets Saving Pass, or any number, password, or discounts associated with a Fashion Outlets Saving Pass with any person other than the person in whose name the Fashion Outlets Saving Pass was registered. If Macerich believes that any of your Fashion Outlets Saving Pass materials are being used in any of these ways, Macerich reserves the right to cancel your rights immediately.
      5. No Refunds. The payment for the Fashion Outlets Saving Pass may not refunded.
    4. Program Modification or Cancellation: Macerich reserves the right to modify the Program and these Discount Program Terms and Conditions at any time without liability, including, without limitation, the right to cancel the Program at any time. You are responsible for checking at the Center’s concierge for updates about the Program. Changes will also be posted on the Center's website.
    5. Other Terms: The Program is void where prohibited. The Fashion Outlets Saving Passes and the discounts provided by the Fashion Outlets Saving Passes cannot be sold, transferred, copied, shared, or transferred. Macerich's and participating retailers’ decisions in connection with this Program are final and binding. Macerich will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of Macerich. Any provision of these Discount Program Terms and Conditions deemed unenforceable will be enforced to the maximum extent permissible and the remainder of these Program Terms and Conditions will remain in effect. Participation in this Program constitutes acceptance of these Discount Program Terms and Conditions.
    6. Macerich is not responsible if a retailer changes its discount due to new ownership or acquisition. Macerich and retailers are independent contractors. MACERICH IS NOT LIABLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY RETAILER OR FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL, OR FOR ANY LIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM A PRODUCT OR SERVICE PROVIDED BY ANY RETAILER OR OTHER THIRD PARTY IN CONNECTION WITH THE PROGRAM. MACERICH IS NOT RESPONSIBLE FOR ANY BANK FEES OR INTEREST CHARGES INCURRED DUE TO PURCHASE OR RENEWAL OF THE Fashion Outlets Saving Pass, OR PURCHASES MADE WITH FASHION OUTLETS SAVINGS PASS DISCOUNTS.
    7. This program is subject Macerich’s Terms of Use at www.macerich.com/Terms. Information collected is subject to Macerich's Privacy Policy at www.macerich.com/Privacy.
  2. ACCEPTANCE OF CONTRACT TERMS
    These Fashion Outlets Saving Pass Terms of Use are terms of a legal agreement between you and Macerich. By purchasing a physical Fashion Outlets Saving Pass, redeeming a Fashion Outlets Saving Pass code (via your smartphone), using a physical Fashion Outlets Saving Pass, or using a digital Fashion Outlets Saving Pass, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not redeem a Fashion Outlets Saving Pass code or use the Fashion Outlets Saving Pass.

    The material provided on the Fashion Outlets Saving Passes is protected by law, including, but not limited to United States Copyright and Trademark laws, and international treaties. See below for further copyright and trademark information.

    The Fashion Outlets Saving Passes are subject to the export controls of the United States of America and may not be downloaded or otherwise exported or re-exported into any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or to any person or entity subject to such restrictions by the U.S. government.
  3. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
    1. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Fashion Outlets Saving Passes belong to Macerich or the original creator of the material. Further, all names, images, pictures, logos and icons on the Fashion Outlets Saving Passes are proprietary marks of Macerich or by the original creator of the material. The compilation of all content, including the look and feel of the Fashion Outlets Saving Passes, is the exclusive property of Macerich and is protected by U.S. copyright law. Except as may be expressly provided herein, nothing contained in these Terms of Use or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.
    2. You are hereby granted a personal, non-exclusive, non-transferable, limited license to: (i) use the digital Fashion Outlets Saving Pass on your mobile device for your personal non-commercial use only; and (ii) use the physical Fashion Outlets Saving Pass until the stated expiration date thereon. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Fashion Outlets Saving Passes. Further, you may not reproduce any part of the Fashion Outlets Saving Passes.
    3. Any unauthorized use of any material contained on the Fashion Outlets Saving Passes may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
    4. The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Fashion Outlets Saving Passes are registered and unregistered Trademarks of Macerich and others. Nothing on the Fashion Outlets Saving Passes should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Fashion Outlets Saving Passes, without the written permission of the Trademark owner.
    5. The name of Fashion Outlets of Chicago LLC, Fashion Outlets of Chicago or the Macerich logo may not be used in any way, including in advertising or publicity pertaining to the Fashion Outlets Saving Passes, without prior, written permission. Macerich prohibits use of the Macerich logo as a "hot" link to any site, including Macerich sites, unless establishment of such a link is approved in advance by Macerich in writing.
  4. LINKS TO THIRD PARTY SITES
    The digital Fashion Outlets Saving Passes may contain links to and from third party web sites for your convenience. Macerich has no control over the content or privacy policies of third party sites that you may link to from the digital Fashion Outlets Saving Passes or their advertisers. If you visit a linked site, be aware that the third-party operating any such site may have access to any information you submit via that site. Macerich is not responsible for any third-party's failure to establish or abide by its privacy policy. We suggest always checking the privacy policy in each site that you visit prior to submitting any personal information. Links to third party sites do not imply endorsement of the sites by Macerich.
  5. EFFECTIVE DATE, MODIFICATION; CHANGES TO SITE
    These terms are effective and were last updated on April 1, 2016. Macerich may revise the terms of the Fashion Outlets Saving Passes at any time. Revisions are effective and binding when posted at the Center’s concierge office or on the website. Any use of the Fashion Outlets Saving Passes following any revision means you agree to the revisions. Macerich expressly reserves the right to terminate or discontinue the Fashion Outlets Saving Passes at any time and for any reason, with or without notice to you.
  6. DISCLAIMERS; LIMITATION OF LIABILITY
    1. Macerich disclaims any and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions on or from the Fashion Outlets Saving Passes, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in the digital Fashion Outlets Saving Passes, including but not limited to any errors in or omissions contained therein, (c) the unavailability of the digital Fashion Outlets Saving Passes or any portion thereof, (d) your use of the Fashion Outlets Saving Pass, (e) your use of any equipment or software in connection with the digital Fashion Outlets Saving Pass, or (f) any retailer’s refusal to honor any advertised discounts or promotions.
    2. Any dealings with any third parties (including advertisers, retailers and/or sponsors) appearing on the Fashion Outlets Saving Passes, participation in any promotions or offerings (including delivery of and payment for goods and services) and any other terms, conditions, warranties or representations associated with such activities are solely between you and the advertiser or other third party. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Macerich does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Macerich is not responsible or liable to any party who participates in any such dealings, promotions or offerings.
    3. MACERICH MAKES NO WARRANTY OR REPRESENTATION, BUT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. MACERICH WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE). MACERICH DOES NOT WARRANT THAT THE OPERATION OF THE FASHION OUTLETS SAVINGS PASS WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY MACERICH OR AN AUTHORIZED REPRESENTATIVE OF MACERICH SHALL CREATE ANY WARRANTY.
    4. If you are dissatisfied with any portion of the Fashion Outlets Saving Passes, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Fashion Outlets Savings Pass.
  7. UNLAWFUL AND PROHIBITED USE
    As a specific condition of your use of the Fashion Outlets Saving Passes, you explicitly agree not to use the Fashion Outlets Saving Passes for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to use the Fashion Outlets Saving Passes in any way that could damage, disable, overburden, or impair the Fashion Outlets Saving Passes, or interfere with anyone else's use of the Fashion Outlets Saving Passes. You will not attempt to gain unauthorized access to Macerich computer systems or networks connected to Macerich, through hacking, password mining or any other means. You will not attempt to reverse engineer any portion of the Fashion Outlets Saving Passes or attempt to infringe the intellectual property rights of others in any way. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Fashion Outlets Saving Passes.
  8. GOVERNING LAW AND JURISDICTION
    These Terms of Use are governed by the laws of the State of California, U.S.A., without regard to conflict of laws provisions. By using the Fashion Outlets Saving Passes or redeeming a code for a digital Fashion Outlets Saving Passes you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Los Angeles, California for all disputes arising out of or relating to the use of the Fashion Outlets Saving Passes. Macerich makes no representation that the contents of the Fashion Outlets Saving Passes are appropriate or available for use in other locations, and those who choose to access the Fashion Outlets Saving Passes from other locations are solely responsible for compliance with their local laws. Any legal actions against Macerich must be commenced within two year(s) after the claim arose.
  9. INDEMNITY
    You specifically agree to indemnify and hold harmless Macerich, its parent, affiliates, stockholders, officers and employees, from any claim, demand or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Fashion Outlets Saving Passes.
  10. PRODUCT & SERVICE AVAILABILITY
    The Fashion Outlets Saving Passes contain references and information about Macerich and Center retailer’s products and services that may be limited by individual store participation only.
  11. PRIVACY AND PUBLICITY
    Macerich's is privacy policy is located at www.macerich.com/Privacy and is hereby incorporated into these Fashion Outlets Savings Pass Terms of Use by reference.
  12. ENTIRE AGREEMENT; SEVERABILITY
    These Terms of Use incorporate by reference any notices contained on the Fashion Outlets Saving Passes and constitute the entire agreement with respect to your access to and use of the Fashion Outlets Saving Passes. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Fashion Outlets of Niagara Falls Fashion Outlets Savings Pass Terms of Use

Macerich Niagara LLC. (“Macerich” or “we”), is the operator of the shopping center commonly known as the Fashion Outlets of Niagara Falls (the “Center”), and sponsor of certain Macerich branded physical and digital “Fashion Outlets Saving Passes”. Unless otherwise indicated, when the term "Fashion Outlets Savings Pass" is used in these Terms of Use, it refers to both the digital Fashion Outlets Saving Passes and the physical Fashion Outlets Saving Passes. These Fashion Outlets Savings Pass Terms of Use govern any use of the Fashion Outlets Saving Passes.

  1. THE FASHION OUTLETS SAVINGS PASS
    Read the following to learn how you can discounts at participating retailers at the Center when you present your Fashion Outlets Savings Pass (the “Program”).
    1. Promotion Period: The Program runs from 10:00 AM local time on April 1, 2016 until Macerich cancels the Program, which it may do at any time (the “Promotion Period”).
    2. Eligibility: The physical Fashion Outlets Savings Pass is open only to individuals who are 13 years or older. The digital Fashion Outlets Saving Passes is only open to individuals who are 13 years or older and who own a smartphone or other mobile device with Apple iOS or Android operating systems. The digital Fashion Outlets Savings Pass may not be available on all operating systems. Macerich does not charge to download the digital Fashion Outlets Savings Pass, but standard data rates may apply. Employees of Macerich and its affiliates, subsidiaries, representatives and agents and employees of Center retailers are not eligible. Macerich reserves the right to deny or disqualify any participant who fails to comply with the terms of this Program
    3. How to Participate: Take the following steps during the Promotion Period to receive discounts at participating Center retailers:
      1. Physical Fashion Outlets Savings Pass. Visit the concierge at the Center to purchase a physical Fashion Outlets Savings Pass. Purchased physical Fashion Outlets Saving Passes shall be valid for one (1) year or until the end of the Promotion Period, whichever comes first. Trial physical Fashion Outlets Savings Pass may also be available (at Macerich’s discretion and with expiration dates as determined by Macerich in its discretion) for no cost. Visit a participating Center retailer and present your physical Fashion Outlets Savings Pass at the time of purchase to receive a discount (which may vary by retailer and may be subject to change).
      2. Digital Fashion Outlets Savings Pass. Visit the concierge at the Center to purchase a redemption code for a digital Fashion Outlets Savings Pass. Redemption codes may expire. Purchased digital Fashion Outlets Saving Passes shall be valid for one (1) year or until the Promotion Period ends, whichever comes first. Redemption codes for trial digital Fashion Outlets Saving Passes may also be available at no cost. Trial Fashion Outlets Saving Passes shall be valid for a limited time. Redeem your digital Fashion Outlets Savings Pass code on your mobile device. The digital Fashion Outlets Savings Pass may not be available on all smartphone operating systems. You may obtain a discount by visiting a participating Center retailer and presenting your digital Fashion Outlets Savings Pass at the time of purchase. A retailer has the right to deny a discount if you do not present your Fashion Outlets Savings Pass before payment. The discount, if any, will vary by retailer and is subject to change at the discretion of the retailer.
      3. Lost and Stolen Fashion Outlets Saving Passes. Macerich is not responsible for lost Fashion Outlets Saving Passes (whether lost or stolen, misplaced, the result of a lost, stolen or nonfunctioning smartphone, or otherwise). Lost digital Fashion Outlets Saving Passes and Fashion Outlets Savings Pass codes will not be replaced.
      4. No Sharing of Cards. Macerich does not permit the sharing of a Fashion Outlets Savings Pass, or any number, password, or discounts associated with a Fashion Outlets Savings Pass with any person other than the person in whose name the Fashion Outlets Savings Pass was registered. If Macerich believes that any of your Fashion Outlets Savings Pass materials are being used in any of these ways, Macerich reserves the right to cancel your rights immediately.
      5. No Refunds. The payment for the Fashion Outlets Savings Pass may not refunded.
    4. Program Modification or Cancellation: Macerich reserves the right to modify the Program and these Discount Program Terms and Conditions at any time without liability, including, without limitation, the right to cancel the Program at any time. You are responsible for checking at the Center’s concierge for updates about the Program. Changes will also be posted on the Center's website.
    5. Other Terms: The Program is void where prohibited. The Fashion Outlets Saving Passes and the discounts provided by the Fashion Outlets Saving Passes cannot be sold, transferred, copied, shared, or transferred. Macerich's and participating retailers’ decisions in connection with this Program are final and binding. Macerich will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of Macerich. Any provision of these Discount Program Terms and Conditions deemed unenforceable will be enforced to the maximum extent permissible and the remainder of these Program Terms and Conditions will remain in effect. Participation in this Program constitutes acceptance of these Discount Program Terms and Conditions.
    6. Macerich is not responsible if a retailer changes its discount due to new ownership or acquisition. Macerich and retailers are independent contractors. MACERICH IS NOT LIABLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY RETAILER OR FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL, OR FOR ANY LIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM A PRODUCT OR SERVICE PROVIDED BY ANY RETAILER OR OTHER THIRD PARTY IN CONNECTION WITH THE PROGRAM. MACERICH IS NOT RESPONSIBLE FOR ANY BANK FEES OR INTEREST CHARGES INCURRED DUE TO PURCHASE OR RENEWAL OF THE FASHION OUTLETS SAVINGS PASS, OR PURCHASES MADE WITH FASHION OUTLETS SAVINGS PASS DISCOUNTS.
    7. This program is subject Macerich’s Terms of Use at www.macerich.com/Terms. Information collected is subject to Macerich's Privacy Policy at www.macerich.com/Privacy.
  2. ACCEPTANCE OF CONTRACT TERMS
    These Fashion Outlets Savings Pass Terms of Use are terms of a legal agreement between you and Macerich. By purchasing a physical Fashion Outlets Savings Pass, redeeming a Fashion Outlets Savings Pass code (via your smartphone), using a physical Fashion Outlets Savings Pass, or using a digital Fashion Outlets Savings Pass, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not redeem a Fashion Outlets Savings Pass code or use the Fashion Outlets Savings Pass.

    The material provided on the Fashion Outlets Saving Passes is protected by law, including, but not limited to United States Copyright and Trademark laws, and international treaties. See below for further copyright and trademark information.

    The Fashion Outlets Saving Passes are subject to the export controls of the United States of America and may not be downloaded or otherwise exported or re-exported into any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or to any person or entity subject to such restrictions by the U.S. government.
  3. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
    1. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Fashion Outlets Saving Passes belong to Macerich or the original creator of the material. Further, all names, images, pictures, logos and icons on the Fashion Outlets Saving Passes are proprietary marks of Macerich or by the original creator of the material. The compilation of all content, including the look and feel of the Fashion Outlets Saving Passes, is the exclusive property of Macerich and is protected by U.S. copyright law. Except as may be expressly provided herein, nothing contained in these Terms of Use or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.
    2. You are hereby granted a personal, non-exclusive, non-transferable, limited license to: (i) use the digital Fashion Outlets Savings Pass on your mobile device for your personal non-commercial use only; and (ii) use the physical Fashion Outlets Savings Pass until the stated expiration date thereon. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Fashion Outlets Saving Passes. Further, you may not reproduce any part of the Fashion Outlets Saving Passes.
    3. Any unauthorized use of any material contained on the Fashion Outlets Saving Passes may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
    4. The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Fashion Outlets Saving Passes are registered and unregistered Trademarks of Macerich and others. Nothing on the Fashion Outlets Saving Passes should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Fashion Outlets Saving Passes, without the written permission of the Trademark owner.
    5. The name of Macerich Niagara LLC, Fashion Outlets of Niagara Falls or the Macerich logo may not be used in any way, including in advertising or publicity pertaining to the Fashion Outlets Saving Passes, without prior, written permission. Macerich prohibits use of the Macerich logo as a "hot" link to any site, including Macerich sites, unless establishment of such a link is approved in advance by Macerich in writing.
  4. LINKS TO THIRD PARTY SITES
    The digital Fashion Outlets Saving Passes may contain links to and from third party web sites for your convenience. Macerich has no control over the content or privacy policies of third party sites that you may link to from the digital Fashion Outlets Saving Passes or their advertisers. If you visit a linked site, be aware that the third-party operating any such site may have access to any information you submit via that site. Macerich is not responsible for any third-party's failure to establish or abide by its privacy policy. We suggest always checking the privacy policy in each site that you visit prior to submitting any personal information. Links to third party sites do not imply endorsement of the sites by Macerich.
  5. EFFECTIVE DATE, MODIFICATION; CHANGES TO SITE
    These terms are effective and were last updated on April 1, 2016. Macerich may revise the terms of the Fashion Outlets Saving Passes at any time. Revisions are effective and binding when posted at the Center’s concierge office or on the website. Any use of the Fashion Outlets Saving Passes following any revision means you agree to the revisions. Macerich expressly reserves the right to terminate or discontinue the Fashion Outlets Saving Passes at any time and for any reason, with or without notice to you.
  6. DISCLAIMERS; LIMITATION OF LIABILITY
    1. Macerich disclaims any and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions on or from the Fashion Outlets Saving Passes, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in the digital Fashion Outlets Saving Passes, including but not limited to any errors in or omissions contained therein, (c) the unavailability of the digital Fashion Outlets Saving Passes or any portion thereof, (d) your use of the Fashion Outlets Savings Pass, (e) your use of any equipment or software in connection with the digital Fashion Outlets Savings Pass, or (f) any retailer’s refusal to honor any advertised discounts or promotions.
    2. Any dealings with any third parties (including advertisers, retailers and/or sponsors) appearing on the Fashion Outlets Saving Passes, participation in any promotions or offerings (including delivery of and payment for goods and services) and any other terms, conditions, warranties or representations associated with such activities are solely between you and the advertiser or other third party. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Macerich does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Macerich is not responsible or liable to any party who participates in any such dealings, promotions or offerings.
    3. MACERICH MAKES NO WARRANTY OR REPRESENTATION, BUT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. MACERICH WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE). MACERICH DOES NOT WARRANT THAT THE OPERATION OF THE FASHION OUTLETS SAVINGS PASS WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY MACERICH OR AN AUTHORIZED REPRESENTATIVE OF MACERICH SHALL CREATE ANY WARRANTY.
    4. If you are dissatisfied with any portion of the Fashion Outlets Saving Passes, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Fashion Outlets Savings Pass.
  7. UNLAWFUL AND PROHIBITED USE
    As a specific condition of your use of the Fashion Outlets Saving Passes, you explicitly agree not to use the Fashion Outlets Saving Passes for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to use the Fashion Outlets Saving Passes in any way that could damage, disable, overburden, or impair the Fashion Outlets Saving Passes, or interfere with anyone else's use of the Fashion Outlets Saving Passes. You will not attempt to gain unauthorized access to Macerich computer systems or networks connected to Macerich, through hacking, password mining or any other means. You will not attempt to reverse engineer any portion of the Fashion Outlets Saving Passes or attempt to infringe the intellectual property rights of others in any way. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Fashion Outlets Saving Passes.
  8. GOVERNING LAW AND JURISDICTION
    These Terms of Use are governed by the laws of the State of California, U.S.A., without regard to conflict of laws provisions. By using the Fashion Outlets Saving Passes or redeeming a code for a digital Fashion Outlets Saving Passes you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Los Angeles, California for all disputes arising out of or relating to the use of the Fashion Outlets Saving Passes. Macerich makes no representation that the contents of the Fashion Outlets Saving Passes are appropriate or available for use in other locations, and those who choose to access the Fashion Outlets Saving Passes from other locations are solely responsible for compliance with their local laws. Any legal actions against Macerich must be commenced within two year(s) after the claim arose.
  9. INDEMNITY
    You specifically agree to indemnify and hold harmless Macerich, its parent, affiliates, stockholders, officers and employees, from any claim, demand or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Fashion Outlets Saving Passes.
  10. PRODUCT & SERVICE AVAILABILITY
    The Fashion Outlets Saving Passes contain references and information about Macerich and Center retailer’s products and services that may be limited by individual store participation only.
  11. PRIVACY AND PUBLICITY
    Macerich's is privacy policy is located at www.macerich.com/Privacy and is hereby incorporated into these Fashion Outlets Savings Pass Terms of Use by reference.
  12. ENTIRE AGREEMENT; SEVERABILITY
    These Terms of Use incorporate by reference any notices contained on the Fashion Outlets Saving Passes and constitute the entire agreement with respect to your access to and use of the Fashion Outlets Saving Passes. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.