Terms of Use
Updated as of April 1, 2026
SM Properties, LLC (“SM,” “we,” “us,” or “our”) provides these Terms of Use (the “Terms”) in connection with your access to and use of (the “Website”), your engagement with any social media profile operated by or on behalf of SM (each, an “SM Social Media Page”), and your communications and interactions with SM by phone, text, email, mail, in person, or through the Website, including through the Website’s contact form (collectively, the “SM Services”).
The Website and SM Services are provided primarily for general informational and corporate communications purposes. References on the Website to affiliated brands, properties, businesses, products, or services are provided for informational purposes only. Although SM may own or have an affiliation with certain brands, properties, or related intellectual property, such brands, properties, websites, products, or services may be operated by third parties or pursuant to separate management, operating, leasing, licensing, or other contractual arrangements, and may be subject to separate terms, conditions, and privacy practices.
For the avoidance of doubt, a website, social media account, platform, service, or communication channel associated with an affiliated or SM-owned brand, property, or business is not part of the Website, an SM Social Media Page, or the SM Services for purposes of these Terms unless SM expressly identifies it as such. Affiliated or SM-owned brands, properties, and businesses that are managed, operated, or administered by third parties may maintain separate websites, social media accounts, terms of use, and privacy policies, and your interactions with those third-party-operated channels are governed by the applicable third party’s terms, conditions, and privacy practices, not these Terms.
By accessing or using the Website or any SM Social Media Page, and/or otherwise engaging in any SM Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, do not access or use the Website, visit any SM Social Media Page, or engage in any SM Services.
1. Binding Legal Agreement
These Terms are a binding legal agreement between you and SM. You acknowledge that your access to and/or use of the Website, your visiting any SM Social Media Page, and/or your engaging in any SM Services referenced in these Terms or our Privacy Policy are benefits you receive by agreeing to and complying with these Terms.
You further represent and confirm that: (a) you are an adult with the legal capacity to enter into a binding contract in the jurisdiction where you reside, or you are accessing the Website or SM Services under the supervision of a parent or legal guardian; (b) you have read, understand, and agree to these Terms on behalf of yourself and, where applicable, your minor children and any company or other entity for whom you are undertaking to access or use the Website, visit any SM Social Media Page, or otherwise engage in any SM Services; and (c) you will comply with these Terms and all applicable laws in connection with such activities.
2. Privacy Policy: SM’s Collection, Disclosure, and Use of Data
SM’s practices concerning data, including Personal Information, that may be collected, stored, disclosed, and/or otherwise used from or about users of the Website, SM Social Media Pages, and/or SM Services are described in our Privacy Policy, which is incorporated into and forms an integral part of these Terms.
Please review our Privacy Policy before accessing or using the Website, any SM Social Media Page, or any SM Services. If you do not agree to our Privacy Policy or these Terms, you are not permitted to access or use the Website, any SM Social Media Page, or any SM Services.
3. Your Permitted Use of the Website and SM Social Media Pages
Subject to these Terms, SM grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Website and SM Social Media Pages for lawful, personal, and non-commercial purposes.
You may electronically copy, download, and print limited excerpts of the Website solely as reasonably necessary for your personal informational use or to retain records of your interactions with SM for your personal use. Except as expressly permitted in these Terms, no reproduction, distribution, public performance, public display, republication, transmission, modification, or creation of derivative works from any portion of the Website or any SM Social Media Page is permitted without SM’s prior written consent.
Restrictions on Use. You agree not to remove, alter, obscure, or delete any copyright, trademark, or other proprietary notice appearing on any materials copied, downloaded, or printed as permitted above.
License Grant for Your Content. By posting, submitting, transmitting, or otherwise providing any comments, suggestions, feedback, ideas, inquiries, form submissions, or other content (“Your Content”) by, on, or through the Website or any SM Social Media Page, or otherwise in connection with SM Services, you grant SM a perpetual, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable, and transferable license to use, reproduce, store, review, adapt, modify, display, and otherwise use Your Content for SM’s business, operational, administrative, legal, website-related, customer service, marketing, advertising, publicity, promotional, and related purposes, without compensation or attribution to you or any third party.
If you do not wish to grant the rights described in this Section, do not post or submit Your Content by, on, or through the Website or any SM Social Media Page.
4. Intellectual Property Rights
SM and/or its service providers, vendors, licensors, licensees, sponsors, advertisers, and other applicable rights holders own or control, or are authorized to use, all content and materials displayed on or made available through the Website and SM Social Media Pages, including all associated intellectual property rights.
As between you and SM, and except for Your Content, all content, materials, designs, layouts, user interfaces, graphics, images, photographs, video, audio, text, software, code, compilations, functionality, and other data or materials of any kind displayed on, used on, or made available through the Website, SM Social Media Pages, and SM Services, and all intellectual property rights therein, are owned by or licensed to SM.
All trademarks, service marks, logos, trade names, domain names, social media handles, and other source identifiers used on or in connection with the Website, SM Social Media Pages, or SM Services, including EDISON PROPERTIES, EDISON PARKFAST, HIPPODROME, IRONSIDE NEWARK, ELEVATEDNY, and THE LUDLOW, are the property of SM and/or its affiliates, licensors, or other applicable rights holders.
Nothing in these Terms grants you any ownership interest in, or any license or right to use, any of the foregoing, except for the limited rights expressly set forth in these Terms. Any use of SM’s intellectual property not expressly authorized in writing by SM is strictly prohibited.
5. Prohibited Conduct
You agree that you will not, and will not encourage, assist, or enable any other person or entity to:
- copy, reproduce, distribute, publish, transmit, display, perform, modify, adapt, translate, scrape, decompile, disassemble, reverse engineer, archive, store, or create derivative works from the Website, any SM Social Media Page, SM Services, or any materials made available in connection therewith, except as expressly permitted by these Terms;
- access, use, or exploit the Website, any SM Social Media Page, SM Services, or any related materials for any public, commercial, competitive, unlawful, or unauthorized purpose;
- impersonate any person or entity or misrepresent your identity, affiliation, or authority;
- interfere with, disrupt, damage, disable, overburden, or impair the Website, any SM Social Media Page, SM Services, or any related systems, networks, or security features;
- attempt to gain unauthorized access to the Website, SM Services, any related systems or networks, or any third-party website, system, network, or service through the Website or SM Services;
- post, transmit, or otherwise provide any content that is unlawful, defamatory, fraudulent, infringing, threatening, abusive, harassing, obscene, hateful, discriminatory, malicious, harmful, spam-like, or otherwise objectionable; or
- use the Website, any SM Social Media Page, or any SM Services in violation of any applicable law or regulation or in a manner that infringes, misappropriates, or otherwise violates SM’s rights or the rights of any third party.
6. Information You Submit; Contact Form
If you submit information to SM through the Website, including through the contact form, or otherwise through any SM Services, you agree that all information you provide will be complete, current, truthful, and accurate, and that you will not misrepresent your identity or affiliation in any manner.
You are solely responsible for the content of any inquiry, message, request, or other submission you send to SM. SM is under no obligation to respond to any submission and may, in its sole discretion and to the extent permitted by law, retain, discard, or decline to act upon any submission.
You agree not to submit through the Website or SM Services any confidential, proprietary, sensitive, unlawful, or inappropriate information, including any material you do not have the legal right to provide.
To the extent the Website uses security or spam-prevention tools, including third-party verification services in connection with form submissions, your use of the Website and submission of information through the contact form may also be subject to the applicable third party’s terms and privacy practices as described in our Privacy Policy.
7. Informational Nature of Website; No Offer or Transaction
The Website and SM Services are provided primarily for general informational and corporate communications purposes. Content made available on the Website, any SM Social Media Page, or through SM Services, including references to SM, its affiliates, brands, properties, businesses, products, services, opportunities, or offerings, is provided for general informational purposes only and does not constitute an offer to sell, lease, license, reserve, provide, or otherwise enter into any transaction, relationship, or arrangement.
Submission of an inquiry, request, application, form, reservation-related request, contact form, or other communication through the Website or SM Services does not obligate SM to accept, approve, respond to, or consummate any transaction or relationship, and does not create any binding agreement unless and until SM expressly agrees in a separately executed written agreement or other formal written confirmation, as applicable.
For the avoidance of doubt, the Website is not intended to serve as a direct e-commerce, leasing, parking, coworking, or reservation platform for SM or for any affiliated brand, property, business, or service, except to the extent SM expressly states otherwise in writing.
SM reserves the right, in its sole discretion and to the extent permitted by law, to decline, refuse, discontinue, or not respond to any inquiry, request, submission, registration, communication, or other engagement initiated through the Website or SM Services.
SM also reserves the right, at any time and in its sole discretion, to correct, update, revise, or remove any errors, inaccuracies, omissions, outdated information, or incomplete information appearing on the Website, any SM Social Media Page, or in materials distributed in connection with SM Services, including with respect to descriptions, affiliations, availability, pricing, timing, or other information.
Unless expressly stated otherwise, any references to currency on the Website or in SM Services are in U.S. dollars.
8. Use by Minors
The Website and SM Services are intended for use by adults. If you are under eighteen (18), you may use the Website or engage with SM Services only with the involvement and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
By accessing or using the Website or SM Services, you represent and warrant that you are at least eighteen (18) years of age, or that you are doing so under the supervision of a parent or legal guardian.
Pursuant to 47 U.S.C. § 230(d), as amended, parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist in limiting access to material that may be harmful to minors. Information regarding current providers of such protections may be found through publicly available resources.
9. Communications by Email, Telephone, Text, and Other Means
When you contact SM, submit information through the Website or any SM Social Media Page, inquire about SM or any SM Services, subscribe to communications, or otherwise engage with SM, you agree that SM and its representatives may contact you using the contact information you provide, including by email, telephone, text message, direct message, mail, or other reasonable means of communication, for purposes related to your inquiry, your relationship with SM, the administration of the Website or SM Services, customer service, operational matters, and, where permitted by law, marketing and promotional purposes.
You understand and agree that certain communications may be made using automated technology, including an automatic telephone dialing system, prerecorded or artificial voice technology, or similar tools, where permitted by applicable law and subject to your rights to opt out.
You agree that agreements, notices, disclosures, and other communications SM provides to you electronically satisfy any legal requirement that such communications be in writing.
You are not required to consent to receive marketing text messages or calls as a condition of obtaining information from SM. You may opt out of marketing communications at any time by following the unsubscribe, reply-stop, or other opt-out instructions provided in the communication or as otherwise described in our Privacy Policy.
10. Third-Party Links and External Materials
The Website, SM Social Media Pages, or materials distributed in connection with SM Services may contain links to, references to, integrations with, or information regarding websites, social media pages, materials, products, services, or content provided by third parties, including affiliated brands, properties, operators, vendors, service providers, and other parties not controlled by SM.
Any such links, references, or information are provided solely for convenience or informational purposes and do not constitute or imply SM’s endorsement, sponsorship, recommendation, approval, or guarantee of any third party or any third-party content, product, service, website, or activity.
SM is not responsible for, and disclaims liability arising from or relating to, the content, availability, accuracy, security, policies, practices, products, services, or opinions of any third-party website, platform, material, or provider. Your access to and use of any third-party website, platform, material, product, or service is solely at your own risk and subject to the terms, conditions, and privacy practices of the applicable third party.