Terms of Sale

PLEASE READ THIS DOCUMENT CAREFULLY. WHILE WE ARE VERY APPRECIATIVE OF YOUR BUSINESS, IT IS OUR OBLIGATION TO PROVIDE THIS INFORMATION TO YOU. THESE TERMS OF SALE 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 d/b/a FunPass (“Fun Pass”) (may be referred to herein as "us", "we" or "our") is the merchant of record for the sale of the products and services described in these terms and conditions ("Terms of Sale") to you. These Terms of Sale apply to the purchase and sale of all products and services (collectively, "Products") through www.funpass.com and associated websites and subdomains (referred to as the "Website"). By making purchases through the Website, you agree to be bound by and accept these Terms of Sale. If you do not agree to these Terms of Sale, you should not purchase Products from this Website. These Terms of Sale are subject to change at any time without prior written notice, in our sole discretion, and shall be effective as of the Effective Date described at the bottom of these Terms of Sale. These Terms of Sale are an integral part of the Terms of Service that apply generally to the use of our Website. In the event of a conflict between the Terms of Service and these Terms of Sale, these Terms of Sale shall apply with respect to your purchase and use of Products. You should also carefully review our Privacy Policy before making a purchase through this Website. Additional terms and conditions may be applicable to you and any purchase you make through the Website, and such terms and conditions will either be posted on the Website or available at Supplier websites where applicable. In the event of a conflict between these Terms of Sale and the Terms of Service, these Terms of Sale shall apply.

1. Who You Are Buying From.

We act as a limited agent, independent seller and/or marketplace for those third-party businesses that are providing the Attractions curated for FunPass such as museums, parks, entertainment venues and promoters (each a "Supplier"). No agency, partnership, joint venture, or fiduciary relationship exists between us and Suppliers. All performance, quality, safety, and compliance obligations rest solely with the Supplier, not with us.

We will be handling the transaction, collecting payment, and delivering your Attraction entry codes or necessary next steps for entry to your reserved Attractions.

2. How FunPass Works

“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 (“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 passes 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 passes, 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 pass offering may not be designated as such in another pass 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 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. Your FunPass is valid for 30 consecutive days including the first day of use. All your Attraction reservations must fall within this 30-day window.

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 real-time 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. (See Refunds and Exchanges below).

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 error. 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.

3. Order Acceptance and Cancellation.

Once an order has been placed it cannot be canceled unless otherwise explicitly set forth herein.

We do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the Products which are offered on our Website; and, in the event we determine a Product has been purchased with the intent to re-sell it by any such person or entity, we reserve the right to cancel or void the transaction without notice. We may cancel any order suspected of resale, arbitrage, or bulk purchasing. We may block accounts, addresses, devices, or payment methods reasonably suspected of violating these terms at our discretion.

If you do not receive a confirmation (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our Customer Service whether or not your order has been placed or received by us. Only you may be aware of problems that may occur during the purchasing process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation, nor if you erroneously assume the order was placed.

4. Payment Terms.

We may accept various domestic credit cards and online payment services for purchases, as well as certain TicketsatWork or FunPass-branded gift cards, and some international credit cards for certain purchases, in our sole discretion which is subject to change without prior notice to you. You represent and warrant to us that (a) the credit card information or other payment information you supply to us is true, correct and complete, (b) charges incurred by you will be honored by your credit card company or other finance company, and (c) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. By placing your order, you authorize us to charge your method of payment for the total amount, which includes the ticket price and any taxes and/or fees.

Payment must be received by us prior to our acceptance of an order. All payments must be in United States dollars. Current billing address, email address, and phone number must be included with every order if any such information is requested by us. You agree to pay interest on all past-due sums at the highest rate allowed by applicable law. In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, we have the right to seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings. We retain a security interest in the Products and all proceeds thereof until the full purchase price therefore (including taxes, fees and any additional charges) has been paid. Without limiting the foregoing, we reserve the right to mitigate our damages by relisting and selling the tickets or vouchers that are the subject of the underlying payment dispute.

We may require identity verification, proof of payment authorization, or additional documentation. Orders may be cancelled if verification is not completed.

5. Changes in Products and Pricing.

We are constantly updating and revising our Suppliers and Product offerings, and we may discontinue Suppliers or Products at any time without notice to you. To the extent that we provide information on availability of Products, you should not rely solely on such information, and we will not be liable for any lack of availability of Products or particular Attractions provided by particular Suppliers that you may wish to order or reserve through our Website. Inventory is dynamic and may change at any time. We do not guarantee availability for any Attraction on any specific date until your order is fully processed AND your reservation is made and confirmed.

All pricing for the Products available on our Website is subject to change. For all of our prices and Products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, price changes, errors in advertisements, and other extenuating circumstances.

In the event the amount you pay for a ticket or voucher is incorrect, regardless of whether such error is due to an error in a price posted on this Website or otherwise communicated to you, or due to a human error or a transactional malfunction of this Website or other FunPass-operated system or website, then we shall have the right (but not the obligation) to cancel that ticket or voucher (or the order for that ticket or voucher) and refund to you the amount that you paid. Alternatively, we may offer any such Product to you at the corrected price. If the corrected price is not acceptable to you, we will allow you to cancel your order.

6. Refunds and Exchanges; Fees.

Before making a purchase on the Website, carefully review your selection to ensure it contains the Attractions you are interested in experiencing, or other information pertinent to your purchase, as may be applicable. You may return your purchase for a refund provided: 1) your FunPass Certificate has not expired AND 2) you have not made any reservations on the Website. Once you make a reservation on the Website, we purchase your Attraction entrance from the corresponding Supplier and are unable to provide a refund. Policies set forth by Suppliers, including but not limited to Attractions, generally prohibit us from issuing exchanges or refunds after a ticket has been purchased or for any lost, stolen, damaged or destroyed tickets. As such, any refund is strictly limited as provided herein after a reservation has been made, except as explicitly permitted herein or as we may otherwise permit in our sole and absolute discretion. Unless otherwise stated herein, changes, cancellations, and refunds, if permitted for the transaction, may carry a fee of up to 10% of your total order price. We may occasionally offer Products at a discount after the original on-sale date and will not refund the difference between the original price and the sale price. We will provide you with a full refund for any purchase of a show or event with a specific time and date, if any such show or event is cancelled by the Supplier. For the avoidance of any doubt, a show or event is not cancelled if it is postponed and/or rescheduled.

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner regarding Products you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by our Suppliers, and that you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase Products from this Website. Should you do so, your purchase may be cancelled or inactivated, and we may, in our sole and absolute discretion, (a) refuse to honor pending and future purchases made from all credit card accounts or online accounts on which such chargebacks have been made, (b) prohibit all users in whose name the credit card accounts or online accounts on which such chargebacks have been made, and (c) prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Website. Initiating a chargeback constitutes a breach of contract.

If a purchase is made using a credit card, and these Terms of Sale or applicable laws require a cash refund, such refund will be issued using the same method of payment that was used for the purchase. However, in the event we allow a return for reasons not otherwise expressly required by these Terms of Sale or applicable laws, we may issue a refund in the form of a credit through a credit voucher or FunPass-branded gift card or gift certificate.

We will not be liable for travel or other expenses that you or anyone else incurs in connection with a cancelled or postponed event.

7. Advertising Disclaimer and Trademarks

FunPass savings are calculated by comparing the total cost of individual Attraction tickets to the combined FunPass price. Regular prices are based on each Attraction's highest published box-office rates during the current period indicated on the FunPass Certificate. Actual savings may vary by city, Attraction, or seasonal pricing. Discounts such as resident, senior, military, or promotional rates are not included. All prices and program details are subject to change without notice.

8. Disclaimer and Limitation of Liability

Our responsibility for defects relating to the Products available on our Website is limited to the procedures described in this Agreement.

ALL PRODUCTS AVAILABLE ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 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 THE PRODUCTS AVAILABLE ON THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE, OR OUR PARENT, SUBSIDIARIES, RELATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS WEBSITE. NO EMPLOYEE OR REPRESENTATIVE OF FUNPASS IS AUTHORIZED TO MODIFY THIS LIMITATION.

YOU HEREBY ASSUME ALL RISKS AND DANGER INCIDENTAL TO THE PRODUCT FOR WHICH THE TICKET OR VOUCHER IS ISSUED, WHETHER OCCURRING BEFORE, DURING, OR AFTER THE EVENT OR USE OF THE PRODUCT. YOU HEREBY WAIVE ANY CLAIMS FOR PERSONAL INJURY OR DEATH AGAINST FUNPASS OR ITS RELATED COMPANIES ON BEHALF OF YOURSELF AND ANY ACCOMPANYING MINOR. SHOULD YOU PLACE AN ORDER ON ANY OTHER INDIVIDUAL'S BEHALF, YOU AGREE TO INFORM ANY SUCH INDIVIDUAL OF THE LIMITATIONS ON LIABILITY CONTAINED IN THIS AGREEMENT, AND ANY USE BY ANY SUCH INDIVIDUAL OF ANY TICKET OR VOUCHER SHALL BE DEEMED AN ACCEPTANCE OF THESE TERMS AND CONDITIONS.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE SUPPLIERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR WEBSITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT YOU HAVE ORDERED THROUGH OUR WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS.

9. Dispute Resolution; Mandatory Individual Arbitration; Class Action and Jury Trial Waiver

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, its parent(s) and subsidiary companies, 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 Sale, or the Terms of Service, 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 Sale.

Any Dispute, whether such Dispute arose before, on, or subsequent to you entering these Terms of Sale, 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 (1) meets the jurisdictional requirements of the applicable small claims court and (2) is not removed or appealed to a court of general jurisdiction. Either party may elect to have a Dispute heard in small claims court by notifying the arbitrator and the other party, in writing, of its election and establishing to the arbitrator that the Dispute falls within the jurisdiction of the small claims court.

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.

9.1 Class Action / Jury Trial Waiver

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.

9.2 Arbitration Opt-Out Procedures

You can choose to reject this Agreement to Arbitrate (“opt-out”) by sending us a written opt-out notice (“Opt-Out Notice”) as provided below. Your Opt-Out Notice must include your name, address, phone number, and the email address(es) used to purchase the Products to which the opt-out applies with the following statement: “By signing this document I am notifying FunPass that I elect to opt out of the Arbitration Agreement contained in the Terms of Sale.” You must sign the Opt-Out Notice for it to be effective. Your Opt-Out Notice must be postmarked within 30 days of your purchase (“Opt-Out Period”), and be mailed to: FunPass, Litigation Dep. Attn: Opt-Out Notice, 19495 Biscayne Blvd, Suite 300, Miami, FL 33180.

This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of this Agreement to Arbitrate, all other parts of the Terms of Sale and Terms of Service will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound to the terms and conditions of this Arbitration Agreement.

If you opt out of this Arbitration Agreement, all other provisions of these Terms of Sale will continue to apply to you, including the Mandatory Pre-Arbitration and Informal Dispute Resolution Procedures, the Non-Arbitral Disputes, Governing Law and the Mandatory Forum Selection set forth below. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement or other arbitration agreements by reason of your separate agreement to them, including subsequent agreements to arbitrate. In other words, opting out of this Arbitration Agreement shall have no effect on any other arbitration agreements you entered into with Major Rocket.

If Major Rocket makes any future changes to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), Major Rocket will provide you with notice (to the extent we have your contact information). You may reject any such change by using the same procedure detailed above and mailing your Opt-Out Notice within 30 days of the posting of the amended arbitration agreement. This is not an opt out of arbitration altogether. Your continued use of the Website or services after this 30-day period constitutes acknowledgment of, and agreement to, the changes to the Arbitration Agreement.

9.3 Rules and Governing Law for 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 ADR-OptOut@funpass.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 of Dispute. 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.

9.4 Severability & Survival

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.

9.5 Non-Arbitral Disputes Governing Law & Mandatory Forum Selection

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 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 or the United Nations Convention on the International Sales of Goods.

10. Ticket-Holder Behavior Policy; Ejection and Cancellation.

You are solely responsible for reviewing and complying with Supplier rules, restrictions, and terms. Failure to comply may result in denial of entry without refund. You agree to indemnify and hold harmless FunPass from claims arising out of your violation of Supplier terms.

You acknowledge that some Suppliers may require you to sign a liability waiver or other terms and conditions prior to participating in their Product. You understand that any violation of any such Supplier's rules and restrictions may result (a) in cancellation of your purchase, (b) in you being denied access to the applicable Product, and (c) in you forfeiting any monies paid for such Product. Please ensure you read the full terms and conditions of the applicable Supplier and their Product, which may be found on the Supplier's website or by contacting the Supplier directly. Tickets or vouchers obtained from unauthorized sources – sources other than directly through us – may be lost, stolen or counterfeit and, if so, are void.

Attractions reserve the right to refuse admission to or eject any person whose conduct its management deems disorderly, who uses profane, vulgar, or abusive language, or who fails to comply with its rules or policies. In any such event, you shall not be eligible for (and we shall not be obligated to issue you) a refund for any such purchase; and we shall not be liable for any incidental or consequential expenses incurred by you.

Notwithstanding anything herein to the contrary, no refund shall be provided to you in the event you violate the Terms of Service or the Terms of Sale of this Website, or in the event you fail to abide by all rules and policies related to the Attraction, which violation or failure results in your inability to gain admittance to the Attraction or ejection from it.

11. Warranty.

Products available through our Website may be covered under the Supplier's warranty, which may be detailed in the Product's description or on the Supplier's website. If you have any questions regarding warranties in connection with any Supplier's Products, you are strongly encouraged to contact such Supplier to determine if the warranty of such Product is acceptable to you. If applicable, such warranties apply from the date of order. You understand that we do not operate or control the Products offered by the Suppliers participating on our Website, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any Supplier to fulfill its obligations to you.

12. Privacy and Customer Information.

We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information from or about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy on this Website for further details.

13. Force Majeure.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either us or you, 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.

14. Entire Agreement.

These Terms of Sale constitute the entire agreement and understanding between you and FunPass concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Sale 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 formal written agreement signed by you and us. Except as expressly stated herein, to the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Sale, these Terms of Sale shall take precedence.

15. Enforceability and Severability.

The invalidity or unenforceability of any terms or conditions hereof will in no way affect the validity or enforceability of any other term or provision. If any part of these Terms of Sale are determined to be invalid, unenforceable, or contrary to law or professional ethics, that part will be reformed, if possible, to conform to law and ethics and all other parts of these Terms of Sale will remain fully effective. Supplier terms control in all cases, even if they are inconsistent with these Terms of Sale or our Terms of Service. Sections 7 through 15 shall survive termination.

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