Terms and Policies
These Fandango Terms and Policies (the "Fandango Terms and Policies") were last updated on: April 1, 2016. When we say "our", "us", "we" or "Fandango" in these Fandango Terms and Policies, we mean Fandango Media, LLC or its subsidiaries. These Fandango Terms and Policies apply to websites and applications operating under the Fandango, Rotten Tomatoes, Flixster, FandangoNOW, Movieclips, Movies.com brands or other brands that we own, as well as those of our websites, applications, emails and other communications that link to or reference these Fandango Terms and Policies, or the other services provided through any of these means (the "Services"). From time to time, we may revise these Fandango Terms and Policies. You can determine when these Fandango Terms and Policies were last revised by referring to the top of this page. Any changes to the Fandango Terms and Policies will become effective upon posting of the revised Fandango Terms and Policies on the Internet, accessible through Services, unless otherwise noted. By continuing to use Services following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Fandango Terms and Policies, as they may be amended from time to time, please do not purchase movies from Fandango or continue using the Services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Fandango Terms and Policies would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes.
The Fandango Terms and Policies consist of:
- Movie Ticket Policy
- Movie Ticket Gift Card Terms
- FandangoNOW Policy
- FandangoNOW Merchandise Purchase Policy
- VIP Rewards Program Terms
- Cookies and Tracking Technologies Information Center
- Mobile Apps Information Center
Special notice to customers registered with M-Go prior to April 1, 2016: the following Terms of Service will continue to apply to you through April 30, 2016.
NOTICE OF ARBITRATION PROVISIONS:
All the above Terms and Policies and your use of the Services are subject to binding individual arbitration of any disputes which may arise. Please read the arbitration provisions carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided below.
BINDING ARBITRATION OF ALL DISPUTES
- the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Fandango (the "Arbitrator");
- the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;
- the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Fandango; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
- the Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
- the Arbitration can resolve only your and/or Fandango's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
- the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
- in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Fandango will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
- in the event you recover an Award greater than Fandango's last written settlement offer, the Arbitrator shall also have the right to include in the Award Fandango's reimbursement of your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration, but Fandango shall in all events bear its own attorneys' fees; and
- with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Fandango shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
- Fandango may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Fandango has given notice of such modifications and only on a prospective basis for claims arising from Fandango Transactions and Relationships occurring after the effective date of such notification.
- Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Fandango in your local small claims court within the United States, if your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.