We translate this GGSI Agreement into other languages; any inconsistencies among the different versions will be resolved in favor of the English version.
Part I - Privacy Statement
COLLECTION OF PERSONAL INFORMATION: GGSI Sites, Survey, & Club Programs provide services to GGP customers that include retailer discounts, prize promotions, shopping guides, parking related services and wayfinding, as well as information on events, fashion, retailer promotions and collaborations and offers involving Our business partners and allows customers to provide feedback regarding their experience at GGP malls (collectively the “Services”). In order to use and participate in these Services, you may be asked to register/log-in and provide personal information such as your name, address, birth date, email address and/or cell phone number, and possibly other information (collectively “User Information”). We may supplement information you provide Us with information from other sources including social media platforms, information obtained from third parties, or the device you use to access the Services (collectively “Additional Information”). We may customize content We provide to you through Our Services based on the information We have obtained through our GGSI Sites, Survey, & Club/App Programs or how you have used Our Services, including Wi-Fi. We, and our contracted third party partners, track user activities on Our GGSI Sites, Survey, & Club/App Programs for the purpose of understanding interests, Site or app navigation, and possibly to deliver advertisements to you in the future. Such tracking may combine device and browser activities and may capture information including personal and non-personal information and whether a user visited one of our shopping centers.
AGE LIMIT: You must be age 13 or older to register or provide User Information to GGSI for these Services. If you are age 12 or younger, you may not provide Us with your personal information on GGSI websites or digital platforms.
COMMUNICATIONS FROM US / OPTING-OUT/ OUR PROGRAMS:
THE CLUB, EVIP CLUB & THE CLUB’S MOBILE PROGRAM: You may elect to receive email and/or text messages from The Club or eVIP Club by registering as a club member.
CLUB EMAIL PROGRAMS:
To opt-out of receiving these marketing emails, click “unsubscribe” in any club email received.
As a member of The Club, once registered, your preferences and User Information can be updated by clicking the “Update Profile” link in the footer of any email received from The Club. Presently, Our eVIP Club program serving Ala Moana Center does not offer this profile update service.
CLUB MOBILE PROGRAMS:
To opt-out of receiving text messages from The Club or eVIP Club, text “STOP” to 50304 from the mobile phone number you registered with us. As a member of The Club or eVIP Club, you may also email the word “STOP” along with your mobile phone number to TheClub@ggp.com.
Message and data rates may apply when sending or receiving texts so please review your agreement with your carrier.
By agreeing to receive text messages from Us, you will receive automated messages to the phone number you provided GGSI when you elected to opt-in to Our mobile program (agreeing to join a club mobile program is not contingent on purchasing any goods or services).
Customer service support for members of both The Club and eVIP Club is available at TheClub@ggp.com or by texting "HELP" to 50304.
GGSI's club mobile programs send marketing messages via text using the Short Code 50304. Additional texts may be sent to comply with government regulations or to disclose changes to the terms and conditions of Our program.
SURVEY PROGRAM: By providing your contact information in a survey or by electing to receive Our surveys, you have agreed to allow Us to contact you. Our surveys and communications may be sent by GGSI, or a third-party vendor (“Survey Provider”) that GGSI has hired, in order for Us to provide the Services.
To opt-out of receiving communications relating to our survey program, please follow the applicable instructions in Our communication to you concerning our Survey program.
Mall Websites (“Sites”) & GGSI MOBILE DEVICE App (“ggsI aPP”): If you choose to register on a GGSI App or Site (collectively, “Our Registration Programs”) you will be asked to provide User Information, a password, and you may provide other information if you elect to do so (collectively, “Your Log-In Information”) and We retain this information as well as other information, including physical visits to the mall, mall navigation, and data concerning your use of the GGSI App and Site. Passwords entered when you log-in are stored as encrypted text. You may update Your Log-In Information by visiting the Site or App and accessing “User Profile”. You may access and use certain content and services on Our Sites and GGSI APP without registering.
We may send you push notifications though the GGSI App if you downloaded it (the app is titled “GGP Malls”) and your device settings are set to receive such notifications. Similarly, you may adjust your settings to allow, or not allow, Us to know your device location.
Registering on a GGSI App or Site and consenting to receive marketing emails or texts from GGSI will allow Us to send such communications to you. You may opt-out of receiving reoccurring marketing communications from us by changing the settings you elected in your User Profile. You may also:
Click the “unsubscribe” link in the body of the email if you wish to no longer receive these emails.
Text the word “STOP” to 50304 from your mobile device if you wish to no longer receive these texts.
If you registered on a Site or App, you may delete this account by visiting the Site or App and accessing “User Profile”. When you take this action, GGSI will remove your personally identifiable information from Our Registration Programs and We will stop sending communications to your mobile device and/or email account concerning Our Registration Programs as well as The Club. Note: if you choose to remove the GGSI App from your device without taking the step to actually delete the account you created, GGSI may retain your information indefinitely.
Non-personally identifiable information may be retained indefinitely.
We may integrate your personal information with your club profile if you are a club member.
Our GGSI App and some of Our Sites allow you to communicate issues or questions to Us, and for Us to reply to your communications to resolve issues or answer your questions. To make such inquiries or statements, you may complete the form titled “Contact Us”, partake in an Online Chat, or text Us your concern and provide your mobile number (“Customer Service Channels”). Communicating with Us through these Customer Service Channels allows Us to solve issues and answer questions. We do not retain information you provide for marketing purposes when you communicate with Us through the Customer Service Channels identified in this paragraph.
When you visit Our Site or use Our GGSI App, We collect certain non-personal information, such as your IP address, browser type, operating system, mobile carrier, Internet Service Provider, location, browsing patterns on Our Site including the links you activated, and We also receive the URL of the site from which you arrived to Our Site and the site you navigated to if you clicked on a Site link. This data may be used to analyze trends, administer the Site, track movement on the Site and gather broad demographic information for aggregate use by Us and may also be used to display targeted advertisements on the Site and GGSI App.
Certain properties managed by GGSI offer a mobile app feature designed to assist a shopper with finding their parked car (“Find My Car Service”), such properties have automated license plate readers (“LPR”) and may obtain a photograph of the vehicle, its license plate, and vehicle location (collectively, “Find My Car Information”), this information is not paired with a person’s name and is stored for a limited period of time and in accordance with applicable statutes. When using this service and after entering some or all of a vehicle license plate number in the GGSI App, more than one photo of a vehicle, with the license plate obscured, will be displayed along with location information for the vehicles displayed.
Prior to the destruction of Find My Car information, Our contracted vendors may share this data with local police departments and law enforcement agencies; after such a transfer, the data is subject to the privacy, terms, and use policies of the police or law enforcement agency. Additionally, any lawful request to provide this data will be honored. Service providers contracted by GGSI have agreed to provide industry standard security safeguards, designed to protect the information obtained through the Find My Car Service. Questions concerning Find My Car Information may be directed to TheClub@ggp.com and require the words “LPR technology” in the subject line and the name of the GGP property you are inquiring about with license plate readers on property.
PRIZE PROMOTIONS: If you decide not to be involved in one of Our programs, you may still remain an entrant in certain contests or sweepstakes and be contacted by Us in connection with the prize promotion you entered. Please refer to the Official Rules of the promotion you entered for complete details.
WI-FI ACCESSIBILITY AT SELECT GGP MALLS: Electing to join a club program and access Wi-Fi at a GGP mall requires a user to agree to this GGSI Agreement as well as Our Wi-Fi Access Terms and Conditions (“Wi-Fi T&Cs”) which is available when you attempt connection to GGSI’s Wi-Fi and, for your convenience, We have included Our Wi-Fi T&Cs at the end of this document.
USER INFORMATION: User Information may be utilized by third-party vendors contracted by GGSI for the purpose of assisting Us with Our Services. GGSI does not sell or rent personally identifiable User Information to third parties for their marketing purposes. We may partner with third parties (“Advertising Partner”) and send sponsored advertisements via email, text, or push notifications on behalf of Our Advertising Partner. Non-personally identifiable information, such as your zip code, age, gender, consumer preferences, may be collected to gain a better understanding of usage trends and interests and We may share non-personally identifiable information with Our business partners. We may transfer your User Information and Additional Information to a third party in the event of a corporate transaction or restructuring (e.g., a sale, merger or other transfer of assets).
THIS GGSI AGREEMENT MAY CHANGE/CONTACTING US: This GGSI Agreement may change from time to time and GGSI reserves the right to change this GGSI Agreement by updating the document and posting the current document at http://www.connectshopsave.com/theclubprivacypolicy.htmTo the extent a dispute arises, the version of the Agreement in existence at the time of said dispute will govern. To the extent We determine, in Our sole discretion, that a modification is material, We will notify you. If you believe that GGSI has in some way not complied with the policies outlined in this GGSI Agreement, or if you have any other questions relating to privacy, please let Us know by sending an email to the applicable email address below and provide Us with all the necessary information to address your concern or inquiry:
Club Programs & GGSI App & Sites
GGSI Survey Program
CALIFORNIA RESIDENTS: GGSI will address an inquiry from a California resident concerning their rights under California Civil Code Section 1798.83 provided the California resident contacts Us by using the appropriate mailing address or email address listed-above. GGSI does not respond to Do Not Track settings.
INTENDED AUDIENCE/USE: All the information, communications, software, photos, text, video, graphics, music, sounds, images and other materials and services (collectively the “Content”) on the Sites or presented through the GGSI Sites, Survey, & Club/App Programs is intended for the lawful use of the general public, age 13 or older. Such Content may not be used for any commercial purpose without permission from GGSI or the rightful owner. GGSI controls and operates its Services and GGSI Sites, Survey, & Club/App Programs from the United States of America and GGSI does not represent that these materials are appropriate or available for use in other countries.
INTELLECTUAL PROPERTY/RESTRICTIONS ON USE OF CONTENT: You are advised that Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark and patent laws, and other proprietary regulations. You are granted permission to access the Content, in whole or in part, solely for your personal, non-commercial use. All other use of Content including, but not limited to, uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works, distribution, display, incorporation into another web site, or in any other way exploiting any of the Content, in whole or in part, other than as expressly or previously permitted, may not be made without GGSI's prior express written consent. By making proprietary logos, trade and service marks, slogans, and product designations (collectively “IP”) available, GGSI is not conferring or granting any IP license. Any commercial use or reproduction of any IP is prohibited without the express authorization of the owner.
SUBMISSIONS/SECURITY: We make commercially reasonable efforts to safeguard the confidentiality of your User Information, these include secure servers and firewalls, however GGSI does not guarantee the security of any information transmitted. We request that you do not forward additional information to GGSI that is not requested by GGSI, such information will be considered non-confidential and may be used by GGSI or its affiliates without compensation to you. You are prohibited from using GGSI Sites, Survey, & Club/App Programs to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You may not send submissions, content, or comments to GGSI through Our Customer Service Channels that you consider proprietary.
LINKS TO THIRD-PARTY WEB SITES: Links provided on various platforms or in communications may provide the User with easy access to a site not under the control of GGSI, accordingly, GGSI makes no representations whatsoever concerning the content of those sites. The fact that GGSI has provided a link to a site is not an endorsement by GGSI. GGSI is providing these links only as a convenience to you and has not tested any information, software, services, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. Please familiarize yourself with the policies and terms provided on any third-party website.
PARTICIPATION IN PROMOTIONS AND ACTIVITIES: If you choose to participate in a promotion, survey, or other GGSI-sponsored activity (“Activity”), you agree to comply with any rules and regulations governing such Activity. As a condition of your continued participation in the Activity, you agree not to upload, post, email, transmit or otherwise make available any content that: 1) is unlawful, harmful, threatening, abusive, defamatory, obscene, libelous, invasive; 2) corrupts software, files, or codes, or is designed to interrupt, destroy or limit the functionality of any device; 3) contains unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes. Additionally, you may not: 1) interfere with or disrupt the service or servers or networks connected to Our Services; 2) collect or store personal User Information; 3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Activity. You agree that GGSI may disqualify you from participating in an Activity if We suspect foul-play and We may work with local, state, or federal officials or agencies if We or suspect illegal activity.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY: GGSI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, THE USE OF CONTENT PRESENTED VIA OUR SERVICES OR GGSI SITES, SURVEY & CLUB/APP PROGRAMS, OR OUR WI-FI SERVICE. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSONAL PROPERTY, COMPUTER, SYSTEM, OR DIGITAL DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR ACCESS TO ANY NETWORK. ALL CONTENT AND ALL SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, GGSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GGSI SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY. GGSI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE ITS SERVICES OR GGSI SITES, SURVEY, CLUB/APP PROGRAMS, OR OUR WI-FI SERVICE, ITS CONTENT, OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUSES, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF GGSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, GGSI'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED $10.00 OR THE AMOUNT YOU PAID TO ACCESS A SERVICE OR SITE, WHICHEVER IS GREATER.
GGSI APP - Directions for In-Mall Navigation and Assumption of Risk: We strive to be as accurate as possible when we provide store locations and directions to navigate our mall (collectively, “Directional Services”), however, this information may be incomplete or inaccurate and store locations may change. By using the Our Directional Services, you agree to be responsible, at all times, for your actions and the consequences resulting from your actions.
GGSI APP - PARKING SERVICES AVAILABLE AT SELECT PROPERTIES: The following terms concern certain services available through the GGSI App at select properties managed by GGSI.
The GGSI parking lot feature (“Lot Occupancy Feature”) utilizes aggregate mapping and navigation data to help you compare parking lots on select shopping center properties and provides a broad overview of parking availability.
The Find My Car Service is GGSI’s license plate recognition and vehicle location program (see Privacy Statement for additional details).
Find My Car Information and the Lot Occupancy Feature presented through the GGSI App may be inaccurate, incomplete or outdated. Data collected in order to provide you with the Find My Car Service is collected at various times of the day and therefore GGSI does not provide any guarantee that such information is accurate. We anticipate that the information will be helpful to an average shopper who parks for an average amount of time to shop. It is not meant to assist someone who parks for an extremely short period of time or leaves a vehicle in the parking lot for any amount of time that exceeds shopping center hours on a given day.
You may utilize the GGSI App for certain basic information concerning the mall without activating “location” services. However, some features you may wish to utilize on the GGSI App require that you share your mobile location with the GGSI App.
Do not drive a vehicle while using the GGSI Mobile App. A driver is strictly forbidden from utilizing the GGSI App while a vehicle is in motion, please stop or park your vehicle before using the service or give the mobile device to a passenger to utilize. The Lot Occupancy Feature and Find My Car Service is intended for use by users who are of the legal age required to hold a valid driving license.
Road information prevails. THE INFORMATION PROVIDED IN THE GGSI APP IS NOT INTENDED TO REPLACE INFORMATION PRESENTED ON THE ROAD OR ON PROPERTY. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD OR ON PROPERTY (TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE GGSI APP.
You may use the GGSI App solely for private and personal purposes. GGSI grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the GGSI App for your own, non-commercial purposes, and subject to these Terms. For example, you may not: (i) offer to third parties a service of your own that uses the service; (ii) offer to rent or lease or sell the service; (iii) offer the service to the public or integrate it within a service of your own; (iv) interfere with or violate any third party or other user's right to privacy or other rights, or harvest or collect personal information about visitors or users of the service and/or GGSI App without their express consent; or (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others. When using or interfacing with the GGSI APP, you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. The examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities. GGSI retains the right to block your access to the GGSI App and discontinue your use of any service, at any time and for any reason GGSI deems appropriate, at its sole and absolute discretion.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the GGSI App, and you further agree and acknowledge that your use of or reliance on the GGSI App is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the GGSI App. Any Internet connection required to use the GGSI App, and any associated charges (e.g. mobile data expenses), is your exclusive responsibility.
GGSI exerts efforts to provide you with a high quality and satisfactory service; We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, accurate, free of malfunctions, bugs or failures, including, but not limited to hardware or software failures. Additionally and without derogating from the above DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY clause, GGSI disclaims any warranties relating to the accuracy of the maps, parking guides, traffic or road conditions, directions, or routes presented or displayed in the GGSI App.
BREACH & INDEMNITY: Without derogating from any applicable law, you agree to indemnify and hold harmless GGSI and its employees, officers, directors and agents, from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that content and services provided by GGSI are free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by GGSI, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
TERMINATION: You agree that GGSI, in its sole discretion, may terminate or restrict your use or access to certain Services or GGSI Sites, Survey, & Club/App Programs for any reason, including, without limitation, that GGSI believes you have violated or acted inconsistently with the letter or spirit of this GGSI Agreement, or the terms of a sweepstakes, contest, or other promotion.
GENERAL INFORMATION: You agree that the statutes and laws of the United States apply when you access Our Services and partake in GGSI Sites, Survey, & Club/App Programs. This GGSI Agreement is governed by the internal laws of the State of Illinois without regard to principles of conflict of laws. You agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Chicago, Illinois, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of your use of Our Services or GGSI Sites, Survey, & Club/App Programs must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this GGSI Agreement are for convenience only and have no legal or contractual effect.
If any provision herein is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of other provisions.
The failure of GGSI to exercise or enforce any right or provision in this GGSI Agreement shall not constitute a waiver of such right or provision.
VIOLATIONS & NOTICES: We rely on Our users to bring copyright infringement matters to Our attention; anyone who believes that their work has been reproduced in such a way at to constitute copyright infringement may contact TheClub@ggp.com. Please report any violations of this GGSI Agreement by sending us written notice at one of the following addresses (We accept such notices via mail or email).
Club Programs & GGSI App & Sites
GGSI Survey Program
Updated March 20, 2017
General Growth Services, Inc.
Wi-Fi Access Terms and Conditions (“Wi-Fi Terms”)
Before using Our Wi-Fi Service, please read these Wi-Fi Terms carefully. GGSI reserves the right to modify these Wi-Fi Terms by updating the document and posting the current document on www.connectshopsave.com/wifiaccessterms. To the extent We determine, in Our sole discretion, that a modification is material, We will publish the updated Wi-Fi Terms and present them on the access screen you see when you initiate access to Our Wi-Fi network. Your access to, and continued use of, Our Wi-Fi Service represents your agreement to the current Wi-Fi Agreement. IF YOU DO NOT AGREE WITH THE WI-FI AGREEMENT, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE OUR WI-FI SERVICE. To the extent a dispute arises, the version of the Wi-Fi Agreement in existence at the time of said dispute will govern.
Age Restriction. You must be age 13 or older to use Our Wi-Fi Service or to join any club program.
User's Information. By using Our Wi-Fi Service, you agree that GGSI may collect certain information pertaining to the device used to access Our Wi-Fi Service. Additionally, aggregate information may be obtained to gain a better understanding of usage trends and provide Us with a user’s location and movement while on Our property to better understand traffic flow patterns. By using Our Wi-Fi Service, GGSI may collect information from the Wi-Fi enabled device that is turned-on and set to seek available wireless networks in contact with the Our Wi-Fi network (regardless as to whether or not the device successfully connects and/or authenticates onto the network); data collected may include MAC address, date/time stamp, wireless access point/VLAN location (which can be associated with an actual physical location), device operating system, radio channel, and radio signal strength. This data may be retained indefinitely by GGSI and may be used for internal and analytical purposes as well as marketing purposes if you join one of Our marketing programs.
Access Limitations. Our Wi-Fi Service is not offered by GGSI with the intent to allow unlimited, unrestricted access to the Internet and there is no guarantee of service. We may, at our sole discretion, restrict access to certain sites and prohibit certain communications from, or received by, a user. Additionally, We may impose a limitation on the amount of time a user may access Our Wi-Fi Service.
User's Acknowledgments/Authorized Use. By using this free wireless network you are agreeing and acknowledging you have read and accepted the Wi-Fi Agreement. Further, you are agreeing to waive any claims against GGSI that may arise from not being able to access content, communications, media, matter, websites, or the internet on either a temporary or permanent basis. You agree that you are authorized to use GGSI’s Wi-Fi service solely while you are a guest of Our shopping center and subject to the terms and conditions of this Wi-Fi Agreement. You agree that you are responsible for your activities while using Our Wi-Fi Service including for any content, information and other materials you access or transmit via Our Wi-Fi Service. You acknowledge: 1) the use of this wireless network may not be uninterrupted or error-free; 2) use of this wireless network may expose you or your device to security risks and GGSI does not guarantee the security of this wireless network; 3) and agree not to engage in any activity via Our Wi-Fi Service that is in violation of any applicable laws, rules, or regulations and to the indemnification statement included herein; and 4) your use of Our Wi-Fi Service is solely for your personal, non-commercial, lawful use and you agree not to reproduce, duplicate, copy, sell, exploit, or use any aspect of GGSI’s Wi-Fi service for any unlawful, prohibited, or commercial purpose including, but not limited to: a) conduct that is unlawful or infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission) or actions that violates another party’s or person’s privacy rights or other rights; b) conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk; c) conduct that interferes with the operation of, use of, or enjoyment of, any service, system or use of Our shopping center; d) interference or interception of communications; e) violating the security or integrity of, or gaining unauthorized access to Our Wi-Fi Service, or any other service, system or communication; f) imposing unreasonable or disproportionately large loads on any system or infrastructure; g) committing fraud or sending spam, chain letters, or other unsolicited communications to any party; h) creating a "mail drop" for such communications, or engaging or permitting e-mail relay services; i) spoofing or otherwise impersonating any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging, deleting or altering any part of TCP/IP packet header or sender identification information in any communication; j) harassing or threatening any party or encouraging violence; k) disseminating viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or personal information; l) engaging in conduct that exposes GGSI or its service providers to civil or criminal liability; m) sending or receiving any material that could be considered harmful, hateful, defamatory, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable.
User's Obligations & Assumption of All Risks of Use/Limitation of Liability. Under no circumstances will GGSI or any of its officers, directors, employees, agents or affiliates be liable for any legal damages (whether based on tort, breach of contract or equitable theories) based on any claim of the user, or any of the user's heirs, assignees, appointees or successors-in-interest, arising out of or as a result of the user's use of this wireless network. You agree to assume all risks including, but not limited to, the risks of damage caused by hackers, worms, Trojans or viruses arising from, connected to, or resulting from use of this wireless network. Users are strongly encouraged to provide virus and firewall protection for any of their device(s) used to access any wireless network.
No Warranty. This wireless network and any products or services provided on or in connection with this wireless network are provided on an “as is” and “as available” basis and without warranties of any kind. All conditions, representations, indemnities, guarantees and warranties (whether express, implied or arising by operation of law, custom or the prior statement(s) of any party), including, but not limited to, any warranty of satisfactory quality, merchantability or fitness for a particular purpose, are hereby excluded and disclaimed.
Indemnification. You agree to indemnify and hold harmless GGSI and each of its suppliers, licensors, officers, directors, employees, agents or affiliates from any claim, lawsuit, liability, loss, damage, cost, expense or attorney's fees arising out of or relating to any actions initiated or caused by you while using Our Wi-Fi Service.
Severability. If any provision in this document is held to be unenforceable, such holding will not affect the validity of any of the other provisions of these terms and conditions.
Additional Terms. GGSI may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public’s safety is at stake. GGSI assumes no obligation to inform you that your information has been disclosed to any lawful agency. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the access or use of Our Wi-Fi Service or these Wi-Fi Terms must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. These Wi-Fi Terms are governed by the internal substantive laws of the State of Illinois, without regard to its conflict of law principles. Jurisdiction for any claims arising under these Wi-Fi Terms shall lie exclusively with the state or federal courts in Chicago, IL, USA. To the fullest extent permitted by applicable law, no claim under these Wi-Fi Terms may be joined to any other claim, including any legal proceeding involving any other current or former user of the Application, and no class action proceedings will be permitted.
Notices: Any complaints concerning a violation of these Wi-Fi Terms should be directed to TheClub@ggp.com and must include specific details that would allow GGSI to investigate.
Updated March 20, 2017
General Growth Services, Inc.
Attn: Digital Marketing Department
110 North Wacker Drive, BSC 5-20
Chicago, IL 60606