PLEASE READ THE AGREEMENT CAREFULLY BEFORE MAKING A PURCHASE OR USING OUR SERVICES.
THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR YOUR PURCHASE OR OUR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO.
THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that USA Cinema Investments Holding Inc. (“Cinepolis”) has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that Cinepolis cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Cinepolis staff, and other Cinepolis clients and their families.
I voluntarily am visiting Cinepolis a theater and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while at Cinepolis.
I attest that:
I hereby release and agree to hold Cinepolis harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the cinema, or that may otherwise arise in any way in connection with my visit to Cinepolis. I understand that this release discharges Cinepolis from any liability or claim that I, my heirs, or any personal representatives may have against the cinema with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any visit to a Cinepolis theater. This liability waiver and release extends to the cinema together with all owners, partners, and employees.
1. GENERAL PROVISIONS
This Terms and Conditions and Dispute Resolution agreement (“Agreement”), and any other rules posted on http://www.cinepolisusa.com (the “Site”) or in connection with the Site, your purchase or our services, sets forth the legally binding terms between you and USA Cinema Investments Holding Inc. and its subsidiaries and affiliates d/b/a Cinépolis Luxury Cinemas or Cinépolis USA (“Cinépolis” or “we” or “us”). If you are an individual making a purchase on behalf of a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement.
This Agreement is a legally binding agreement between you and Cinépolis. By proceeding to use the Site, make a purchase or use our services either through the Site, our other digital platforms or one of our theaters, you agree to be bound by the terms and conditions of this Agreement.
2. ACCEPTABLE USE AND CONDUCT
The content of this Site and any updates thereto, are the exclusive property of Cinépolis and are protected by the laws of California, the United States of America, as well as international law.
The content of this Site, should only be used as a resource of information and advertising and, where appropriate, to purchase goods and services sold by Cinépolis.
Any use, including advertising, republication, display, performance or marketing content on this site, including trademarks or advertisements on any network computer or website is strictly prohibited without the prior consent in writing of Cinépolis.
The “Cinépolis Luxury Cinemas” brands are duly registered for Cinépolis , and their total or partial use is strictly prohibited and subject to the penalties provided under applicable laws.
The whole design of this Site content, including graphics, photographs, texts, information and associated computer software, are copyrighted and exclusively owned by Cinépolis.
The information contained in this Site is only illustrative and therefore in no way constitutes a binding offer that compels the user and Cinépolis to hold any contract in connection with such operations.
Cinépolis reserves the right to modify the information contained herein when appropriate and without notice, to limit or deny access to such information.
Cinépolis is not responsible for any damages arising from unauthorized access, use or misuse of the contents of this Site.
Cinépolis is not responsible for any discrepancies that may arise between the version of your paper and electronic versions of the same published on this Site.
Cinépolis assumes no responsibility for the content and services to websites, commercial or otherwise, that may be electronically linked (or link) directly or indirectly through the portal http://www.cinepolisusa.com
Cinépolis assumes no liability resulting from the exchange of electronic information between users of the Internet and assumes no liability due to technical problems that may occur on computers that are used during connection the Internet, either through this Site or other websites.
Operations that can be done through the portal of Cinépolis shall be governed by this Agreement and the laws of California and the United States.
3. DISPUTE RESOLUTION, ARBITRATION, ABUSE OF PROGRAM AND CLASS ACTION WAIVER
a. Informal Dispute Resolution. It is the goal of Cinépolis that the Site, your purchase and our service meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Cinépolis is committed to working with you to reach a resolution that reasonably satisfies both you and Cinépolis; but, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Cinépolis, you acknowledge and agree that you will first give Cinépolis an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: email@example.com or mailing address: Privacy Manager, 14951 Dallas Parkway Suite 300, Dallas, Texas 75254.
You then agree to negotiate with Cinépolis in good faith about your problem or dispute and this good faith negotiation shall be a condition precedent to the filing of any arbitration or other proceeding described below. This negotiation should lead to resolution, but if for some reason your problem or dispute is not resolved within sixty (60) days after Cinépolis's receipt of your written description of it, you agree to the further dispute resolution provisions below.
b. Mandatory Binding Arbitration. You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Site, your use of the Site, your purchase, our service or this Agreement, shall be final and binding arbitration on an individual basis; except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Cinépolis' or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights, you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Cinépolis and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA"). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org.
Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than or are equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties). For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Cinépolis as required above, before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs. Except for claims determined to be frivolous, Cinépolis agrees not to seek an award of attorneys' fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
c. Opt-Out. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE SITE OR OUR SERVICE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY EITHER EMAILING: firstname.lastname@example.org or MAILING: Privacy Manager, 14951 Dallas Parkway Suite 300, Dallas, Texas 75254. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.
d. Class Action Waiver. Arbitration shall proceed solely on an individual basis without the right for any disputes to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to disputes between you and us alone. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, PURCHASE OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
e. Waiver of Right to Trial by Jury. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND CINÉPOLIS BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
f. Limitations Provisions. In no event shall any dispute, claim, action or proceeding by you related in any way to the Site, your use of the Site, your purchase or our services, or this Agreement, be instituted more than one (1) year after the cause of action arose.
g. Abuse of the program, including failure to abide by these Terms, the sale or transfer (or the attempted sale or transfer) of rewards, points, or promotional offers, and any misrepresentation of fact or other improper conduct as determined by Cinépolis USA in its sole discretion and judgement may result in cancellation of a Member's Cinépolis Rewards account and future disqualification from program participation, forfeiture of all points accrued, and cancellation of previously issued but unused rewards. Cinépolis USA reserves the right in our sole discretion to prosecute abuse of the program to the fullest extent of the law.
4. LIMITATION ON LIABILITY
IN NO EVENT SHALL CINÉPOLIS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT OR GOODWILL REGARDLESS OF (A) THE NEGLIGENCE (EITHER SOLE OR CONCURRENT) OF CINÉPOLIS AND (B) WHETHER CINÉPOLIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM YOUR USE OF THE SITE, YOUR PURCHASE OR OUR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CINÉPOLIS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE, YOUR PURCHASE OR OUR SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF TWENTY FIVE U.S. DOLLARS ($25) AND THE AMOUNTS YOU PAID TO CINÉPOLIS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction. To the extent the clause above is held unenforceable, the remaining terms of this Agreement will continue in full force and effect.
You agree to defend, hold harmless, and indemnify Cinépolis, its parent, subsidiaries, affiliates, directors, officers, employees, agents, licensees, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
6. PRIVACY AND SECURITY POLICY
6743399-v1\SFODMS Last Updated: February 24, 2020.