Last Modified: May 12, 2026
IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY—THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY. THEY ALSO REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.
Major Rocket, LLC, together with its parent and subsidiaries (“Major Rocket” or “we”, “us”, or “our”) provides the website www.FunPass.com and various related subdomains and services (together referred to as this “Website”), which may be used subject to your compliance with all the terms, conditions and notices contained or referenced herein (collectively, these “Terms of Service”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this Website, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to the terms and conditions contained in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service, including but not limited to our Privacy Policy.
BY USING THIS WEBSITE, REGISTERING AN ACCOUNT, PLACING AN ORDER, REDEEMING A GIFT CARD, RESERVING AN ATTRACTION, AND/OR USING A FUNPASS BARCODE, CARD, COUPON, QR CODE, OR ANY OTHER FUNPASS CREDENTIALS THROUGH ANY CHANNEL WHATSOEVER DISTRIBUTED, FACILITATED OR OFFERED BY US OR OUR RELATED COMPANIES (AS DEFINED BELOW), AND SUPPLIERS (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE CEASE USING THIS WEBSITE. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, UNLESS EXPLICITLY SET FORTH IN THESE TERMS OF SERVICE, IS TO STOP USING THIS WEBSITE AND/OR THOSE PARTICULAR PRODUCTS. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.
These Terms of Service are effective as of the last modified date described above. We reserve the right to change these Terms of Service from time-to-time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Service periodically and to be aware of any modifications. Your continued use of this Website after such modifications will constitute your acknowledgment of the modified Terms of Service and your agreement to abide and be bound by the modified Terms of Service.
As used in these Terms of Service, references to a “Related Company” or “Related Companies” include our direct or indirect owners, subsidiaries, and affiliated companies. Also, we act as a limited agent or independent seller for those third-party businesses that are providing the Products for which you purchase tickets or vouchers, such as distributors, marketing partners, attraction partners, suppliers, or authorized resellers to/of attractions, venues, teams, artists, and promoters (each a “Supplier”), as further described in our Terms of Sale.
Subject to these Terms of Service, we grant you a non-exclusive, revocable, limited, non-transferable, non-assignable, and “as is” right to use and access the Website solely for your own personal, non-commercial use.
“FunPass” is a product offering that consists of bundled admission passes for a curated variety of Supplier attractions of various kinds, including but not limited to museums, theme parks, and sightseeing experiences (collectively, “Attractions”) in select cities. Each FunPass is valid for a one-time admission to the Supplier Attractions. You may choose a city on the Website and view a list of participating Attractions. This list reflects Attractions generally included in available FunPasses but does not guarantee availability for any specific date or time. Each Attraction is subject to availability at the time of redemption. You may purchase multi-Attraction FunPasses, which provide access to a set number of Attractions, typically ranging from two to five selections depending on the FunPass option chosen.
Certain Attractions may be designated as “Signature Attractions.” A Signature Attraction designation is one we believe is of primary interest to visitors. An Attraction that is designated as a Signature Attraction in one FunPass offering may not be designated as such in another FunPass offering. A FunPass option may only permit the selection of a limited number of Signature Attractions.
Upon your successful purchase, you will receive a FunPass Certificate by email at the email address you provided at checkout. Please safeguard your FunPass Certificate as it contains the one-time activation code you will utilize to activate the FunPass. Your next step is to activate the FunPass using the activation code and pin listed on the FunPass Certificate. Please note that every FunPass expires on the date detailed on your FunPass Certificate. To activate your FunPass you must access FunPass.com/activate and enter the email you used at checkout along with the activation code and pin listed on your FunPass Certificate. Because attendance or seating at some attractions may be limited due to capacity constraints, we advise you to make your reservations as soon as possible.
Any misuse may result in your FunPass issued admission code/coupon for a Supplier being confiscated and/or voided without refund. Neither your FunPass Certificate nor any of the Supplier admission codes and/or coupons are transferable.
After registering your FunPass, you will be able to view the availability for each included Attraction through a calendar interface on the Website and must make individual reservations for each Attraction. Availability is not guaranteed and may vary by date, time, and Attraction. Purchasing a FunPass does not automatically reserve entry to any Attraction. You must complete a separate reservation process for each Attraction included in your FunPass. Some Attractions may require you to take an additional step and make a reservation on a Supplier’s website as well. If applicable, you will be instructed to do so when you make your Attraction reservations on FunPass.com.
ONCE YOU RESERVE ANY ATTRACTION INCLUDED IN YOUR FUNPASS, THE ENTIRE FUNPASS BECOMES NON-REFUNDABLE. YOU ARE STRONGLY ENCOURAGED TO REVIEW AVAILABILITY FOR ALL DESIRED ATTRACTIONS BEFORE MAKING YOUR FIRST RESERVATION.
Refunds may be available only if your FunPass Certificate has not expired AND no Attractions have been reserved. Further details pertaining to refunds are outlined in Section 6 of our Terms of Sale.
Each Attraction is operated by a third-party Supplier and may be subject to its own terms, conditions, rules, and restrictions. You are responsible for reviewing and complying with the specific terms of each Attraction, which are available on the respective Attraction detail pages and on each Supplier’s own site.
FunPass acts solely as a marketplace and is not the provider of Attractions. FunPass disclaims all liability for Supplier actions, omissions, or event changes. You are subject to each Supplier’s rules, safety protocols, regulations, and terms and conditions as a condition of entry to each Attraction. Suppliers may change operating hours, close temporarily, have limited capacity or sell out, modify admission inclusions, or may otherwise change or be discontinued without notice and without liability to FunPass, its parent and subsidiary companies, or the Suppliers. Photo identification may be required for entry to an Attraction.
Delivery to the email address you provided constitutes delivery. We are not responsible for spam filters, email blocking, or user errors. You agree to indemnify us and hold us harmless from claims arising out of your misuse of the Website or breach of these Terms. We are not responsible for delays, overbooking, cancellations, closures, safety incidents, or service quality at attractions or by Suppliers.
You understand and agree that the products and services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. We do not agree to act as a fiduciary in providing any services in connection with this Website.
We reserve the sole right to either modify or discontinue the Website, including any features thereon, at any time with or without notice to you. We shall not be liable to you, or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the product or service offerings or pricing. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Service.
You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access while using this Website; and, therefore, delays or disruption of other network transmissions are completely beyond our control.
To access all of the services available through this Website, you will require an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that (a) all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required to keep it current, complete, and accurate; and (b) your personal information will be collected, used, disclosed, and otherwise processed in accordance with our Privacy Policy. The security of your personal information is important to us, but we cannot guarantee that unauthorized third parties will never be able to defeat our security measures to access your personal information for improper purposes. Any personal information you provide (whether for yourself or anyone else) is done at your own risk.
If you purchase a product or service on this Website that requires payment of a fee, you agree to pay all such fees. For all charges for Products on this Website, we will bill your credit or debit card, or other specific form of payment, as provided by you at the time of checkout. You agree to provide us with accurate and complete billing information, including valid credit or debit card information, your name, address, and telephone number, and to provide us with any changes in such information.
If, for any reason, your credit or debit card company refuses to pay the amount billed for the product or service, you agree that we may, at our option, suspend, cancel, or terminate the product or service purchased.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Website. By posting information in or otherwise submitting any form that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
Furthermore, you agree not to use any robot, spider, scraper, or other automated means to access the website for any purpose without our express written consent; and not to take any action that imposes (to be determined in our sole discretion) an unreasonable or disproportionally large load on our infrastructure, or that otherwise interferes with the functionality of the Website.
We neither endorse nor assume any liability or responsibility for the contents of any material uploaded or submitted by third-party users of the Website. We generally do not pre-screen, monitor, or edit the content submitted by users on or through this Website. However, we and our agents have the right in our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal. See the section titled “User Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else's use and enjoyment of the Website or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You acknowledge and agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
We reserve the right to void any transaction reasonably suspected of fraud, scalping, or unauthorized resale.
This Website may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other persons or entities (collectively, “Third-Party Content”). Third-Party Content may contain information or material that some people may find inappropriate or offensive. Third-Party Content and their owners or operators are not under our control, and you acknowledge that we are not responsible for accuracy, copyright compliance, legality, decency, or any other aspect of the Third-Party Content, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Third-Party Content by us, or any warranty of any kind, either express or implied.
For purposes of these Terms of Service, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material that can be viewed by users on this Website.
By accepting these Terms of Service, you acknowledge and agree that all un-disclaimed content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is our sole property or the property of our Related Companies. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for copies made for your personal viewing and reference use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means, commercial or otherwise, without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Related Companies represent or warrant that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See the section titled “User Materials” below for a description of the procedures to be followed in the event you believe that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity.
Unless otherwise specified elsewhere on the Website, all custom graphics, icons, logos and service names are trademarks or service marks that belong to (or have been licensed to) us or our Related Companies. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of us or our Related Companies.
Subject to our Privacy Policy, any communication or material that you transmit to this Website or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. Except to the extent prohibited by applicable laws, contractual obligations, and subject to our Privacy Policy, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise to protect such information. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Website believes its copyright, trademark or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received may be terminated.
Designated Agent for Claimed Copyright Infringement:
Major Rocket, LLC
19495 Biscayne Boulevard, Suite 300
Aventura, FL 33180
Attn: Legal Department
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other person or entity and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
FunPass savings are calculated by comparing the FunPass bundled attraction price to the total cost of Standard Price individual attraction tickets (including applicable taxes and fees). The Standard Prices for individual attractions are established periodically and provided to the public or to FunPass by our Attraction Suppliers. Where Suppliers have provided a range of prices, we use the top of the range for our comparisons. Actual savings may vary by city, attraction, or season. Discounts such as resident, senior, military, or promotional rates are not considered for our comparisons and are not included. All prices and program details are subject to change without notice.
If you use this Website to make a purchase or booking on behalf of a third-party, such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use (for example, the billing address, and phone number of the credit card holder), you must inform such third-party of all terms and conditions applicable to their use of the purchase or booking, and you agree to indemnify and hold us harmless from and against any and all liabilities, losses, damages, suits, and claims (including the costs of defense), relating to your or such third-party's failure to fulfill any of its obligations described above and in these Terms of Service.
We may offer customers mobile marketing messages about the latest events, experiences, products, and other exclusive offers by SMS and/or MMS message (the “SMS/MMS Program”).
To opt-in to receive text messages, you must be 18 years old or older, provide a working mobile phone number, and follow any required instructions to confirm your choice to opt-in to the SMS/MMS Program. We reserve the right to modify or stop offering the SMS/MMS Program at any time with or without notice.
By opting into the SMS/MMS Program, you:
Once you affirm your choice to opt into the SMS/MMS Program, your message frequency may vary. You may receive an alert regarding:
The number of text messages that you receive will vary depending on events or general marketing messages.
To stop receiving text messages from us, text the word STOP, END, UNSUBSCRIBE, QUIT, or CANCEL to 52404 any time or reply STOP, END, UNSUBSCRIBE, QUIT, or CANCEL to any of the text messages you have received from us. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, UNSUBSCRIBE, QUIT, or CANCEL keyword commands and agree that we and our service providers will have no liability for failing to honor such requests. This Agreement still will apply if you withdraw the consent mentioned above or opt out of the SMS/MMS Program.
You can text HELP for help at any time. This will provide you a link to the terms and conditions along with a phone number to call for assistance. You can also contact us at 855-701-3980.
We do not charge for the SMS/MMS Program, but you acknowledge that you are responsible for all charges and fees associated with messaging imposed by your wireless provider as a result of the SMS/MMS Program. Message & data rates may apply.
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device can receive text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of our control, and we are not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT, EXCEPT AS EXPRESSLY SET FORTH BELOW, DISPUTES BETWEEN YOU AND US WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT. IT ALSO INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. UNLESS YOU TIMELY OPT OUT AS PROVIDED BELOW, YOU WILL BE BOUND BY THIS SECTION.
For purposes of this section, “Dispute” means any claim, dispute, or controversy between you and Major Rocket, including but not limited to claims, disputes, or controversies arising out of or relating to the Website, FunPass, Attractions, any account, purchase, order, or reservation, any communication, marketing, or promotion, these Terms of Service, or the Terms of Sale, and including but not limited to claims, disputes, or controversies relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of these Terms of Service.
Any Dispute, whether such Dispute arose before, on, or subsequent to you entering these Terms of Service, and if not resolved through the informal dispute resolution procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute that all or any part of this Arbitration Agreement is void or voidable, and further, that the arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.
To the fullest extent permitted by applicable law, any Dispute must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred.
Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and Major Rocket each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction in the State of Florida to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by Major Rocket against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.
If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.
If you or Major Rocket files or causes to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.
You and Major Rocket agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures). This means that you and Major Rocket may not bring a Dispute on behalf of a class or group and may not bring a Dispute on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual Dispute. This also means that you and Major Rocket may not participate in any class, collective, private attorney general, representative, or consolidated proceeding brought by any third party, and any arbitration will be conducted only on an individual basis (other than the permitted Mass Filing Procedures). You and Major Rocket may participate in a class-wide settlement.
All disputes, claims, or controversies arising out of or relating to these Terms of Service, the Website, the Services, the Products, or any aspect of your relationship with FunPass or Major Rocket (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) shall be resolved exclusively through final and binding arbitration administered as prescribed below. Arbitration is mandatory for all users and is the sole means of resolving any such dispute. Please do not use the Website if you do not agree. If you make a purchase, the Terms of Sale will supersede this clause permitting you to opt out of Arbitration.
Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and Major Rocket each agree to send the other party a written “Notice of Dispute”. A Notice of Dispute from you to Major Rocket must be emailed to legal@ebgsolutions.com (the “Notice Address”). Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the Dispute; (iii) any relevant facts regarding claimant’s use of the Website or services, including whether claimant receives any emails associated with the Website or services, whether claimant has made a purchase from Major Rocket, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice of Dispute must be individualized, meaning it can concern only your dispute and no other person’s dispute. Major Rocket will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.
After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of sixty (60) days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution.
Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures subsection is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Major Rocket have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.
Mandatory Arbitration Procedures: If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and Major Rocket each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.
All Disputes shall be submitted to National Arbitration and Mediation (“NAM”) for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with the NAM Rules, except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the NAM Rules. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the Dispute to be deemed properly filed.
A form for initiating arbitration proceedings is available on NAM’s website at www.namadr.com/resources/rules-fees-forms/. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the FAA governs the interpretation and enforcement of this Arbitration Agreement and any proceedings under it. The FAA and the NAM Rules preempt all state laws to the fullest extent permitted by law. To the extent neither the FAA nor the NAM Rules govern a particular issue, that issue will be governed by the laws of the State of Florida, without regard to choice or conflict of law principles, except that, for residents of California, the laws of the State of California will so govern.
At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
As in court, you and Major Rocket agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the Dispute or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.
Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.
Mass Filing Procedures: If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 demands for arbitration of a substantially similar nature, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for concurrent resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) following such determination of a mass filing, NAM shall apply a single set of admin and panel prep fees per batch in accordance with NAM’s fee schedule. All parties agree that arbitrations are of a “substantially similar nature” for purposes of these Mass Filing Procedures if they arise out of or relate to the same or similar event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.
Major Rocket reserves all rights and defenses as to each and any Dispute, Demand for Arbitration, and claimant. These Mass Filing Procedures shall in no way be interpreted as authorizing class arbitrations of any kind.
Arbitration Fees: If you do not timely pay any required fees to NAM, any refusal by us to pay such fees on your behalf shall not void or otherwise invalidate this Arbitration Agreement, which shall remain in full force and effect. Any disputes over arbitration fees shall be resolved by NAM.
Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Requirement of Individualized Relief: The parties agree that, to the fullest extent permitted by law, the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Dispute.
If any provision or portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then it shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.
This Arbitration Agreement shall survive termination of these Terms. Except as provided above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Major Rocket.
If (i) you timely provide a valid Opt-Out Notice as provided above, and you are not bound to any previous or other arbitration agreements with us; or (ii) any Dispute is determined not to be subject to arbitration or resolution; or (iii) any court of competent jurisdiction or arbitrator, after exhaustion of all appeals, determines that the Class Action/Jury Trial Waiver, as provided above, is void or unenforceable for any reason, or that your Dispute can proceed on a class, collective, representative, or consolidated basis other than the Mass Filing Procedures, as provided above; then you and Major Rocket each irrevocably agree that the exclusive jurisdiction and venue with respect to such Dispute shall be the federal or state courts of competent jurisdiction in Miami-Dade County, Florida, and any such Dispute and these Terms of Service shall be governed by and construed in accordance with the substantive and procedural laws of the State of Florida, without regard to choice or conflict of law principles.
ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR RELATED COMPANIES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Before purchasing products and services on or through this Website, review our Terms of Sale, which are incorporated by reference into these Terms of Service. Additional terms and conditions may be applicable to you and any use of the Website or any purchase you make through the Website, and such terms and conditions will be posted on the Website where applicable.
Content available through this Website often represents the opinions and judgments of an information provider, Website user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized spokesperson speaking in his/her official capacity.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Except as may be set forth in the Terms of Sale, your exclusive remedy, and our entire liability, if any, for any claims arising out of your use of this Website shall be $50.00.
IN NO EVENT SHALL WE OR OUR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND FOR ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS WEBSITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH CASE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Related Companies, and their respective owners, officers, directors, employees, agents, representatives, attorneys and insurers harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
From time-to-time, this Website may include promotions offered or fulfilled by third parties. If you enter into correspondence with or participate in promotions of the third parties through this Website, any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the third party. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
You are responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any purchases made or charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
This Website is subject to United States Export Controls. No software from this Website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By using this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website will immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5, 9, 12, 13, 14, 15, 16, 19, 23, and 24 of these Terms of Service, as well as your liability for any unpaid fees, shall survive any termination.
Persons under the age of eighteen (18) are not eligible to purchase, cancel or modify any services available through this Website.
All notices to a party shall be in writing and shall be made via conventional mail. Notices to us must be sent to Major Rocket, LLC, c/o Entertainment Benefits Group, LLC, Attn: Legal Department, 19495 Biscayne Boulevard, Suite 300, Aventura, FL 33180.
Notices to you may be sent either to the e-mail address supplied for your account or purchase. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; or (c) five business days after the mailing date, if sent by US mail, return receipt requested.
These Terms of Service and any documents incorporated herein by reference constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Service may NOT be altered, supplemented, or amended using any other documents. Any attempt to alter, supplement or amend this document or to enter an order for Products which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Service.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Website, or use of or access to this Website.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing herein waives non-waivable rights under the state laws of California or New York. However, all other rights are expressly limited to the maximum extent permitted.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.