Terms of Use Policy

Last Updated: June 1, 2026

These terms and conditions ("Terms") are a legal contract entered into between you and Miracle Mile Shops (IMI Miracle Mall LLC). ("Miracle Mile Shops", "we," "us," or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://www.miraclemileshopslv.com/, including any content, functionality, and services offered on or through the website (collectively, the "Website”).

PLEASE NOTE THAT SECTION XVI OF THESE TERMS CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THOSE TERMS AFFECT THE RIGHTS YOU HAVE IN ANY DISPUTE WITH US AND OUR AFFILIATES, AND HOW ANY SUCH DISPUTE MAY BE RESOLVED.

DO NOT USE ANY OF THE WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. BY YOUR ACCESS TO, AND USE OF, ANY SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATION.

• Using our Website

The Website is offered and available to users who are 13 years of age or older and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Miracle Mile Shops and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

The Website are intended only for individuals at least 13 years old, and if you are under that age, you are prohibited from accessing the Website.

The owner of the Website is based in the State of Nevada in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

• Changes to the Terms of Use

Miracle Mile Shops reserves the right to change or modify these Terms at any time in our sole discretion. Such changes, revisions, or modifications shall be effective immediately upon being posted to the Website and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Section XVI will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

• Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website or the entire Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You acknowledge that all information you provide to use certain or all features of this Website is governed by our Privacy Policy.

• Prohibited Use

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You may not access or use, or attempt to access or use, the Website to take any action that could harm Miracle Mile Shops or any third party or interfere with the operation of the Website, nor may you use the Website in a manner that violates any laws. Without limiting the foregoing, you agree not to use the Website to:

• In any way that violates any applicable federal, state, local, or international law or regulation.

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Website. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
• Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
• Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our users' computers or systems; or
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We reserve the right to suspend or terminate your access to the Website for any or no reason at any time without notice to you.

• Intellectual Property Rights

All content, information, materials, text, images, audio, video, computer code and software appearing on the Website (collectively, the "Content") is the property of Miracle Mile Shops, its licensors, or other providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.. No title or ownership rights are transferred to you under these Terms, and nothing herein shall be construed as a license to you under any Miracle Mile Shops patent, trademark, copyright, trade secret or other intellectual property right. You may access, use and display the Content and Website without modification or alteration in any way, and only so long as you comply with these Terms. You may download and print copies of the Content only for non-commercial, informational, personal use.

• Copyright.

The Website and Content are protected, among other ways, under the copyright laws of the U.S. and other countries. All copyrights in the Website and the Content are owned by Miracle Mile Shops or its third party licensors to the full extent permitted under the U.S. Copyright Act and all international copyright laws. Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of the Website or Content, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

1. Modify copies of any materials from this site.
2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@mms-lv.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Miracle Mile Shops. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

• Trade and Service Marks.

All rights in product names, the Miracle Mile Shops name and the names of Miracle Mile Shops’ affiliates, trade names, characters, logos, trademarks, service marks, trade dress, slogans, product packaging, and designs of Miracle Mile Shops’ or its affiliates’ products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Miracle Mile Shops, its affiliates or their respective licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Any unauthorized use of the Content or trademarks or any materials available through the Website may violate copyright, trademark, unfair competition, false advertising, privacy, and other U.S. and/or international laws, and may infringe upon the rights of Miracle Mile Shops, its affiliates and/or their respective licensors. Such unauthorized use may result in your personal liability, including potential criminal liability. Nothing contained herein shall be construed (under any theory) to confer any license or right under any intellectual property of Miracle Mile Shops, its affiliates, or any third-party licensors.

• Third Party Intellectual Property.

The Website may contain intellectual property owned by third parties, including, but not limited to, promotional and business partners, licensors, licensees, sponsors and advertisers. The third-party product names/brand names are trademarks of their respective owners.

• User Content

We reserve the right to republish any material contributed by users of the Website. By posting, displaying, or publishing any materials or information (“User Content”) through the Website or otherwise to us, you expressly grant us a worldwide, nonexclusive, fully-paid, royalty free license to publish, reproduce, sell, disclose, distribute, or use User Content for any purposes of operating, maintaining, improving, and promoting the Website ,in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed.

You hereby further grant us the global, non-exclusive right to use any ideas, concepts, or techniques embodied in such materials for any purpose whatsoever. In addition, you hereby waive any and all moral rights you may have in any such materials. Further, you hereby authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, sale, reproduction, or disclosure thereof. You also agree that all User Content will be deemed to be provided to us on a non-confidential and non-proprietary basis.

You represent and warrant that you own the content submitted, displayed, published or posted by you on the Website and otherwise have all necessary rights to submit the content and to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate any applicable law or the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

• Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND ANY CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS", “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES ABOUT THE OPERATION OF THE WEBSITE, CONTENT OR THE INFORMATION, MATERIALS, GOODS, OR WEBSITE APPEARING OR OFFERED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER UNAUTHORIZED OR MALICIOUS CODE, AND ANY WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT. FURTHER, WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DO NOT WARRANT THAT THE WEBSITE, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, MALICIOUS CODE OR ERRORS, OR UNINTERRUPTED.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THOSE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

• Limitation of Liability

IN NO EVENT WILL MIRACLE MILE SHOPS, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES OR LOSSES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE, CONTENT, OR ANY SITES LINKED FROM THE WEBSITE, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MIRACLE MILE SHOPS, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IN CONNECTION WITH, ANY INTERRUPTION IN AVAILABILITY OF THE WEBSITE OR CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER UNAUTHORIZED OR MALICIOUS CODE, OR LINE OR SYSTEM FAILURE.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR CONTENT, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE OR CONTENT.

• Links to Other Sites

The Website may link you to other websites on the Internet that are operated and maintained by third parties and that are not under the control or responsibility of Miracle Mile Shops. In addition, you may be required to download certain services from third parties. Such links do not constitute an endorsement by Miracle Mile Shops of those other websites or services, the software used thereby, the content displayed therein, or the persons or entities associated therewith. While Miracle Mile Shops attempts to provide links only to third party websites operated by reasonable parties, the content on those third-party websites and the services offered by such third parties are not verified or controlled in any way by Miracle Mile Shops and are subject to change without notice to Miracle Mile Shops. When you visit any third-party websites or use any third-party services, you will leave the Website, and Miracle Mile Shops has no responsibility or liability with respect to any content, materials, services or website that is not under its control. These Terms do not apply to such third-party content, materials, services or websites. We encourage you to review the terms of use and privacy policies of those third-party websites and services.

• Indemnification

You agree to indemnify, defend, and hold harmless Miracle Mile Shops and its affiliates, and each of their respective directors, officers, employees, contractors, service providers, agents, representatives, successors and assigns from and against any and all demands, claims, damages, liabilities, judgments, losses, costs, expenses and harms, including reasonable attorneys' fees and expenses (including any of the foregoing incurred in enforcement of this indemnity), related to or associated with your use of the Website, online conduct, any violation of these Terms, or dealings or transactions with other persons resulting from use of the Website.

• Separate Terms and Conditions

In connection with your use of the Website, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Website. Any supplemental terms will not vary or replace these Terms regarding any use of the Website, unless otherwise expressly stated.

• Monitoring and Enforcement; Termination

Miracle Mile Shops reserves the right, in its sole discretion, to:

• Remove or refuse to post any User Content for any or no reason in our sole discretion.
• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Miracle Mile Shops.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MIRACLE MILE SHOPS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

• Integration and Severability

These Terms constitute the entire agreement between you and Miracle Mile Shops and supersede any prior or contemporaneous communications and agreements (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

• No Waiver

Our failure to enforce any provision of these Terms or respond to a breach by you or any other party shall not in any way waive our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.

• Governing Law; Dispute Resolution

These Terms and your access to and use of the Website are governed by the laws in effect in the State of Nevada, without giving effect to its conflicts of law provisions. By using the Website, you waive any claims that may arise under the laws of other countries or territories.

• Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

“Disputes” means any dispute, action, controversy, or claim arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis and regardless of whether a claim arises during or after the termination of these Terms.

• Initial Dispute Resolution

We want to address your concerns without needing a formal legal case. Most concerns may be quickly resolved in this manner. For any Dispute with the Services, you agree to first contact us by email at info@mms-lv.com or by mail at Miracle Mile Shops, 3663 Las Vegas Boulevard South, Suite 900, Las Vegas, NV 89109, to attempt to resolve the Dispute with us informally regarding any concerns you may have about your use of the Services. Your Notice of Dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The Notice of Dispute also must explain the facts of the Dispute as you understand them and tell us what you want us to do to resolve the issue. You agree to use best efforts to settle any Dispute, claim, question, or disagreement directly through consultation and good faith negotiations, and you agree that a Notice of Dispute containing all of the information required above, followed by at least sixty (60) days of good faith negotiation, shall be a precondition to either party initiating a lawsuit or arbitration. A Notice of Dispute will not be valid unless it contains all of the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant Notice of Dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the Notice of Dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal Dispute resolution process required by this paragraph.

• Agreement to Binding Arbitration

In the unlikely event that we do not reach an agreed upon solution within a period of sixty (60) days from the time informal Dispute resolution is pursued pursuant to Section XVI(a) above, then either you or we may initiate binding arbitration. Except for any Disputes excluded below in Section XVI(d), or in the event of a Mass Arbitration (as defined below) as described in Section XVI(e), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Unless you and Miracle Mile Shops agree otherwise, the arbitration will be conducted in Clark County, Nevada; but the arbitration may be conducted through, and the parties may attend via video conference, telephonic hearing, or document submission.

Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.

• Class Action and Class Arbitration Waiver

You and Miracle Mile Shops each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section XVI(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes. If there is a final determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy will be severed and may be brought in a court of competent jurisdiction, but the waiver contained in this paragraph shall be enforced in arbitration on an individual basis as to all other claims, causes of action or requested remedies to the fullest extent possible. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator. If a court or arbitrator decides that any part of this Agreement to Binding Arbitration cannot be enforced as to a particular request for public injunctive relief, then that request for public injunctive relief (and only that request for public injunctive relief) must be brought in court and must be stayed pending arbitration of the arbitrable remedies.

• Exceptions

Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may seek relief (i) in a small claims court for Disputes or claims within the scope of that court’s jurisdiction, and (ii) any Disputes relating to intellectual property rights, obligations, or any infringement claims.

• Exception—Mass Arbitration Before NAM

Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.

• 30 Day Right to Opt-Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Section XVI(b) and Section XVI(c) by sending written notice of your decision to opt-out by emailing us at info@mms-lv.com. The notice must be sent within thirty (30) days of your first use of the Services, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate Disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

• Term for Cause of Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

• Exclusive Venue for Litigation

To the extent that the arbitration provisions set forth in Section XVI(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Clark County, Nevada (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to these Terms or the Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

• Governing Law and Rules

These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Nevada, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.

• Arbitration Agreement Survival

This Arbitration provision will survive the termination of your relationship with Miracle Mile Shops, including any revocation of consent or other action by you to end your participation in the Service or any communication with Miracle Mile Shops.

• Contact Us

If you have any questions about these Terms, please contact us at info@mms-lv.com or Miracle Mile Shops Management Office: 702.866.0703.