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Terms and Conditions

Terms and Conditions

Last Updated and Effective as of: February 7, 2019

Welcome to Miami World Center located at https://shopmiamiworldcenter.com (the “Website”).  This website is owned and operated by The Forbes Company and its affiliates listed in the “Affiliated Companies” section below (collectively, “we”, “us” or “Company”). YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS.  BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE. 

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

Accessibility: If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at 248-827-4600 our hours of operations are 9AM to 5PM Eastern.

Authorized Use of Website:  This Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Website requires the prior written consent of Company. By using the Website, you further represent and warrant that you (i) are located inside the U.S., or (ii) are located outside the EEA and agree to be bound by U.S. laws. This Website is intended for users situated in the United States. We currently not offer goods and services to the EEA.

Unauthorized Use of Website:  You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.

Proprietary Rights: Company is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Company to display the materials, such as certain third party licensors.  By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website.  All rights not granted under these Terms and Conditions are reserved by Company. 

No Ideas Accepted: We do not accept any unsolicited ideas to this Website from outside the company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.  

Third Party Links: This Website may contain links to other Websites not maintained by us. Other Websites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every Website that you visit.  We are not responsible for the practices or the content of such other Websites.

No Warranties:  WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. 

IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING ONE HUNDRED UNITED STATES DOLLARS. 

Changes:  All information posted on the Website is subject to change at any time.  In addition, these Terms and Conditions may be changed at any time; provided, any material modifications will only be applied prospectively. We will make such changes by posting them on the Website. You should check the Website for such changes frequently.  Your continued access of the Website after such changes demonstrates your acceptance of those changes.

Indemnification:  You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Website, (ii) any breach by you of any of these Terms and Conditions, (iii) any violation of applicable law.  

Severability:  If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies:  The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions.  The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.

Governing Law; Dispute Resolution; Arbitration:   The laws of the State of Michigan shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms and Conditions, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply Michigan law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties. 

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND COMPANY HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL. 

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration. 

Privacy Policy:  Use of the Website is also governed by our Privacy Policy, which is incorporate herein by reference. 

Questions:  Should you have any questions regarding these Terms and Conditions you may contact us at info@theforbescompany.com.

Affiliated Companies: 

The following companies are affiliates of The Forbes Company LLC: 

  • Forbes – Cohen Florida Properties LP dba The Gardens Mall
  • Forbes Family-Waterside LLC
  • Forbes Properties – Orlando LLC
  • Forbes Taubman Orlando, LLC dba Mall at Millenia
  • Forbes Waterside Associates, LLC
  • Forbes-Cohen Development Co., LLC
  • Forbes-Cohen Properties, LLC-Holding Co.
  • Frankel/Forbes-Cohen Associates, A MI Co-Partnership
  • Somerset Collection Charitable Foundation
  • Somerset Collection GP, Inc.
  • Somerset Collection Limited Partnership dba Somerset Collection – Mall
  • Somerset Mall Merchants Association, Inc.
  • The Garden Promotional Fund, Inc.
  • The Garden Venture, LLC
  • The Mall at Millenia Promotional Fund, Inc.
  • Waterside at Pelican Bay, LLC
  • Waterside Shops LLC dba Waterside Shops at Pelican Bay
  • Waterside Shops Promotional Fund, Inc.
  • F-T Waterside, LLC
  • Forbes Group Waterside, LLC
  • MWC HS Retail LLC
  • Forbes Family HSR LLC

Privacy Policy

Privacy Policy

Last Updated and Effective as of: February 7, 2019

Welcome to Miami World Center. This website is owned by The Forbes Company LLC and its affiliates listed in the “Affiliated Companies” section below (collectively, “we”, “us” or “Company”). The following statements explain the policies we adhere to regarding the collection of data on our site https://shopmiamiworldcenter.com (“Website”), information security, and privacy standards. This privacy policy does not apply to any other website unless it appears on that website. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEBSITE.

Personal Information: 

Your provision of your Personal Information to us is completely voluntary. “Personal Information” is information that can specifically identify you.  We do not collect Personal Information unless you submit that information to us. Personal Information we collect may include your name and email address.

Non-Personal Information:

In addition, we may also collect information that is not considered Personal Information (“Non-Personal Information”).  We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our users who live in a particular area or determining brand preferences (“Aggregate Information”).  Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose permitted by law. In some instances, we may combine Non-Personal Information with Personal Information.  If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information.

Information Usage and Disclosure: 

Besides using your information ourselves, we may send your information to other companies, affiliates and third parties to help us process your information for the purposes set out in this policy.

We use your information as described herein:

  • to provide you with our services;
  • to personalize your experience with us,
  • to respond to your direct inquiries,
  • to add you to our mailing lists and send you emails from time to time.

We may also share your information with third parties such as website hosting, data analysis, e-mail delivery services, and other similar services.  These third parties may have access to your information necessary to perform their functions, but may not use it for other purposes.   We may share your information with unaffiliated third parties, such as business partners. 

We will not sell your information to any third party not affiliated with Company without your consent except in connection with the sale or merger of Company or the division responsible for such services.

Additionally, we may disclose your information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) for legitimate business interests.  

Please note that if you specifically consent to additional uses of your information, we may use your information in a manner consistent with that consent. 

Cookies and Similar Technology: 

“Cookies” are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website.   The website may use cookies, a type of technology that installs a small amount of information on a website user’s computer or other device to permit a website to, for example, recognize future visits using that computer or device. The website may use other similar technologies (including, without limitation, tracking pixels, as described further below, and other anonymous identifiers) to gather information about you, such as IP addresses, to customize your visit, to enable us to enhance our service, or for other purposes. To stop, restrict or disable the placement of cookies, please see the “Opt-Out” section below. 

Clickstream Data: 

As you use the Internet, a trail of electronic information is left at each website you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a website’s server. Clickstream data can tell us the type of device and browsing software you use and the address of the website from which you linked to the Website. We may collect and use clickstream data to anonymously determine how much time visitors spend on websites, how visitors navigate throughout websites and how we may tailor our services to better meet consumer needs. This information will be used to improve our services.

Security: 

The security of your information is very important to us.   We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect.   However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and Company, or information stored on the Website or our servers, will be free from unauthorized access by third parties such as hackers and your use of the Website demonstrates your assumption of this risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contact section below.

Data Retention:

We will retain your information for as long as needed to provide you with the services you requested and the Website and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregated data previously collected. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

Other Websites and Social Networking Services:

Our Website may contain links to other websites not maintained by Company. Other websites may also reference or link to our Website.  The inclusion of a link on the Website does not imply endorsement of the linked site by us.  We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Website, or for the privacy practices of third party Internet advertising companies.  We encourage you to be aware when you leave our Website, or surf the Internet, and to read the privacy statements of each and every website that you visit.

The Website may integrate with social networking services.  You understand that we do not control such services and are not liable for the manner in which they operate.  While we may provide you with the ability to use such services in connection with our Website, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.

Opt-Out:

Opting out of messages from us

To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at info@theforbescompany.com. We will process your request within a reasonable time after receipt. 

Opting out of cookies

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your device without your knowledge. 

Changes to policy: 

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time.  However, if at any time in the future we plan to use your Personal Information in a way that materially differs from this Privacy Policy, we will post such changes here or email you. We encourage you to periodically review the Website for the latest information on our privacy practices.  

Information Relating to Children

Our Website is intended for ages 18 and over. We do not knowingly collect Personal Information from children.  When we become aware that such information (or other information that is protected under applicable law) from a child under 13 has been collected, we will use all reasonable efforts to delete such information from our database.

Website Terms and Conditions: 

Use of this Website is governed by, and subject to, the legal notices contained at “Term and Conditions”. 

Contact Us: 

For questions or concerns relating to privacy, we can be contacted at: info@theforbescompany.com. 

Affiliated Companies: 

The following companies are affiliates of The Forbes Company LLC: 

  • Forbes – Cohen Florida Properties LP dba The Gardens Mall
  • Forbes Family-Waterside LLC
  • Forbes Properties – Orlando LLC
  • Forbes Taubman Orlando, LLC dba Mall at Millenia
  • Forbes Waterside Associates, LLC
  • Forbes-Cohen Development Co., LLC
  • Forbes-Cohen Properties, LLC-Holding Co.
  • Frankel/Forbes-Cohen Associates, A MI Co-Partnership
  • Somerset Collection Charitable Foundation
  • Somerset Collection GP, Inc.
  • Somerset Collection Limited Partnership dba Somerset Collection – Mall
  • Somerset Mall Merchants Association, Inc.
  • The Garden Promotional Fund, Inc.
  • The Garden Venture, LLC
  • The Mall at Millenia Promotional Fund, Inc.
  • Waterside at Pelican Bay, LLC
  • Waterside Shops LLC dba Waterside Shops at Pelican Bay
  • Waterside Shops Promotional Fund, Inc.
  • F-T Waterside, LLC
  • Forbes Group Waterside, LLC
  • MWC HS Retail LLC
  • Forbes Family HSR LLC