Terms of Service

MoviePass Terms and Conditions

DISCLOSURE:

MoviePass® makes all attempts to provide access to films in theaters nationally. However the time and locations for movies may vary depending on theater inventory, usage, and showtime availability. It is not until the User purchases a ticket at the theater, that the seat will be reserved and confirmed for the title and showtime selected. If the title and showtime the User wants to see is not available, MoviePass® will not be held responsible.

WEB SITE AND SUBSCRIPTION TERMS OF USE

1. Ownership of Site; Agreement to Terms of Use MoviePass
2. Content
3. Your Use of Site
4. Purchases; Other Terms and Conditions
5. Accounts, Passwords and Security
6. Privacy
7. Links to Other Sites and to the MoviePass Site
8. Disclaimers
9. Limitation of Liability
10. Indemnity
11. Violation of These Terms of Use
12. Void Where Prohibited
13. Miscellaneous
14. Feedback and Information
15. Collection and Use of Personal Information
16. Collection and Use of Non-Personal Information
17. Cookies and Other Technologies
18. Disclosure to Third Parties
19. Service Providers
20. Others
21. Protection of Personal Information
22. Integrity and Retention of Personal Information
23. Access to Personal Information
24. Location-Based Services
25. Third-Party Sites and Services
26. Our Commitment to Your Privacy
27. Subscription Information

DVD/BLU-RAY TERMS AND CONDITIONS


28. DVD/Blu-Ray Policy
29. Defective/Damage DVD/Blu-Ray Item Return Policy
30. Non-Defective DVD/Blu-Ray Return Policies
31. Lost of Damaged DVD/Blu-Ray Shipment
32. Price Guarantee

1. Ownership of Site; Agreement to Terms of Use MoviePass

1.1. These Terms and Conditions of Use (the “Terms of Use”) apply to the MoviePass web site located at www.moviepass.com, the MoviePass mobile app, and all associated sites linked to www.moviepass.com by MoviePass, its subsidiaries and affiliates, including MoviePass sites around the world (collectively, the “Site”). The Site is the property of MoviePass Inc. (“MoviePass”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

1.2. MoviePass reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MoviePass grants you a personal, non-transferable, limited privilege to enter and use the Site. MoviePass is for your personal use, and not for resale or commercial use under any circumstances.

2. Content

2.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to MoviePass, and may not be used without prior written consent from MoviePass.

2.2. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without MoviePass’s express prior written consent.

3. Your Use of the Site

3.1. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. MoviePass reserves the right to bar any such activity.

3.2. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any MoviePass server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

3.3. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of MoviePass, including any MoviePass account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

3.4. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or MoviePass’s systems or networks, or any systems or networks connected to the Site or to MoviePass. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

3.5. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MoviePass on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

3.6. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MoviePass or others.

4. Purchases; Other Terms and Conditions

4.1. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. MoviePass is not for resale or commercial use under any circumstances.

4.2. MoviePass’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

4.3. MoviePass may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. You will be notified of any changes made to the terms of service, at which point you would have 14 days to opt-out of the service. The materials on the Site with respect to products and services may be out of date, and MoviePass makes no commitment to update the materials on the Site with respect to such products and services.

5. Accounts, Passwords and Security

5.1. Certain features or services offered on or through the Site may require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password and card, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify MoviePass immediately of any unauthorized use of your account, password, card, or any other breach of security. You may be held liable for losses incurred by MoviePass or any other user of or visitor to the Site due to someone else using your MoviePass password, account, or card as a result of your failing to keep your account information secure and confidential.

5.2. You may not use anyone else’s MoviePass password, account, or card at any time. MoviePass cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

6. Privacy

6.1. MoviePass’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

7. Links to Other Sites and to the MoviePass Site

7.1. This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under MoviePass’s control, and MoviePass is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

8. Disclaimers

8.1. MOVIEPASS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MOVIEPASS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MOVIEPASS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOVIEPASS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MOVIEPASS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MOVIEPASS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

8.2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

8.3. MoviePass reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

9. Limitation of Liability

9.1. Except where prohibited by law, in no event will MoviePass be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if MoviePass has been advised of the possibility of such damages.

10. Indemnity

10.1. You agree to indemnify and hold MoviePass, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MoviePass by any third party due to or arising out of or in connection with your use of the Site.

11. Violation of These Terms of Use

11.1. MoviePass may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MoviePass’s rights or property, or the rights or property of visitors to or users of the Site, including MoviePass’s members. MoviePass reserves the right at all times to disclose any information that MoviePass deems necessary to comply with any applicable law, regulation, legal process or governmental request. MoviePass may also disclose your information when MoviePass determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

11.2. You acknowledge and agree that MoviePass may preserve any transmittal or communication by you with MoviePass through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or MoviePass determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of MoviePass, its employees, members of or visitors to the Site, and the public.

11.3. You agree that MoviePass may, in its sole discretion and without prior notice, terminate your account, and thereby access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You agree that violation by you of these Terms of Use constitute your forfeiture of paid subscription dues, and that MoviePass possesses the right to collect payment for usage of the service, in addition to an early termination fee. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MoviePass, for which monetary damages would be inadequate, and you consent to MoviePass obtaining any injunctive or equitable relief that MoviePass deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MoviePass may have at law or in equity.

11.4. You agree that MoviePass may, in its sole discretion and without prior notice, terminate your account, and thereby access to the Site, with or without cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If MoviePass does take any legal action against you as a result of your violation of these Terms of Use, MoviePass will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MoviePass. You agree that MoviePass will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

12. Void Where Prohibited

12.1. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. MoviePass reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

13. Miscellaneous

13.1. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and MoviePass with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and MoviePass with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with MoviePass, MoviePass will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. MoviePass’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by MoviePass of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between MoviePass and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

14. Feedback and Information

14.1. Any feedback you provide at this site shall be deemed to be non-confidential. MoviePass shall be free to use such information on an unrestricted basis.

15. Collection and Use of Personal Information

15.1. Personal information is data that can be used to uniquely identify or contact a single person.

15.2. You may be asked to provide your personal information anytime you are in contact with MoviePass or a MoviePass affiliate. MoviePass and its affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising.

15.3. Here are some examples of the types of personal information MoviePass may collect and how we may use it.

What personal information we collect

How we use your personal information

16. Collection and Use of Non-Personal Information

16.1. We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

17. Cookies and Other Technologies

17.1 MoviePass’s website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

17.2 MoviePass and its partners use cookies and other technologies in mobile advertising services to control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns.

17.3. MoviePass and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with MoviePass more convenient and personal.

17.4 As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

17.5. We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. MoviePass may use this information in our marketing and advertising services.

17.6. In some of our email messages, we use a “click-through URL” linked to content on the MoviePass website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

17.7. Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

17.8. A unique device identification number is attached to each account. The user cannot reset this number more than twice (2) in one year.

18. Disclosure to Third Parties

18.1. At times MoviePass may make certain personal information available to strategic partners that work with MoviePass to provide products and services, or that help MoviePass market to customers. For example, when you purchase and activate your MoviePass account, you authorize MoviePass and its partner to exchange the information you provide during the signup process to carry out service. When you are signed up for service, your account will be governed by MoviePass and its partner's respective privacy policies.

19. Service Providers

19.1. MoviePass shares personal information with companies who provide services such as information processing, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever MoviePass operates.

20. Others

20.1. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for MoviePass to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

20.2. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

21. Protection of Personal Information

21.1. MoviePass takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

21.2. MoviePass online services such as the MoviePass Site and mobile app use Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. To make purchases from these services, you must use an SSL-enabled browser. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet.

21.3. When you use some MoviePass products, services, or applications or post on a MoviePass forum or social networking service, the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.

22. Integrity and Retention of Personal Information

22.1. MoviePass makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

23. Access to Personal Information

23.1. You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at https://www.moviepass.com/. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if MoviePass is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

24. Location-Based Services

24.1. To provide location-based services on MoviePass products, MoviePass and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by MoviePass and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services.

24.2. Some location-based services offered by MoviePass, such as the “Theater Check-in” feature, require your personal information for the feature to work.

25. Third-Party Sites and Services

25.1. MoviePass websites, products, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties − for example, a third-party payment card. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

26. Our Commitment to Your Privacy

26.1 To make sure your personal information is secure, we communicate our privacy and security guidelines to MoviePass employees and strictly enforce privacy safeguards within the company.

27. Subscription Information

27.1. You agree to the following by opening a MoviePass account: (1) you are legally capable of entering into a binding contract; (2) you are at least 18 years of age; and (3) you are a resident of the United States. You may sign up for MoviePass from within the United States. MoviePass will deduct the subscription dues on the same date every month, unless either party seeks to terminate the agreement. MoviePass is in a direct agreement with you, the individual, not with the theaters listed on the Site.

27.2. A valid MoviePass subscription entitles you to: (1) see one 2D film every 24 hours through MoviePass; (2) see a 2D film title one time through MoviePass; and (3) a single seat, depending on availability, for a 2D film showing open to the general public. This excludes premium showings such as: 3D films, IMAX, 4D, XD and specialty theaters. MoviePass access is available every day of the week, subject to the theater being open, inventory, and usage

You agree to choose the movie title, theater, and showtime on the day of the performance, but prior to the session's commencement time, through the MoviePass App . You also agree to only activate your MoviePass for a single ticket purchase by Theater Check-in through the Site, and use your MoviePass at a ticket kiosk at your selected theater. Your MoviePass is only available for use during the movie ticket transaction, after Theater check-in. The Theater Check-in does not serve as a confirmation; it is only once you have purchased a ticket with your MoviePass that a seat has been reserved. MoviePass does not influence what showtime or theater you select, and MoviePass is not responsible if you select the incorrect movie title, showing, or theater.

MoviePass is currently available for use only in the United States.

27.3. Your MoviePass membership will be valid from the signup date for the initial period unless terminated by you or MoviePass. You will be billed when you sign up, but your year subscription and billing cycle does not begin until you receive your card. Your MoviePass will enter into a new period once the initial period is over unless terminated by you or MoviePass. Your MoviePass account must be in good standing in order for the MoviePass to be valid. MoviePass is valid for one movie theater ticket transaction every 24 hours. Each 24 hour period begins at the start of your most recently seen movie.

27.4. To make a payment, you must provide the cardholder's name and address, the card number, the card security code, and the card expiration date. If you wish to change your payment method, you must visit the website at least one day prior to the conclusion of the billing cycle. Transactions will occur on the cardholder's bank or card statement as a payment to "MoviePass". Payments will occur on the same date every month, unless either party seeks to terminate the agreement. If you wish to terminate your agreement, you must notify MoviePass at least one business day prior to your next billing date. If you do not contact us prior to the billing date, your card will be charged and termination will occur at the end of the next billing cycle. Subscription fees may be increased by MoviePass to reflect changes in standard ticket prices, inflation, MoviePass's costs, and additional taxes and costs not imposed by MoviePass. Any changes will take place at the end of the period for which fees have been paid, and will be introduced in the next billing cycle.

27.5. MoviePass makes all attempts to provide access to 2D films in theaters nationwide, however the time and locations for 2D movies may vary based on theater inventory, usage, and showtime availability. If the 2D title and showtime you want to see is not available, MoviePass will not be held responsible. MoviePass is not responsible if the selected showing is sold out, and we recommend that you arrive to the theater early and purchase your ticket ahead of time.

27.6. You may use MoviePass to purchase a 2D movie ticket at a theater kiosk. You may not use MoviePass for unauthorized purchases or to exceed the value of a movie ticket. MoviePass allows for a single valid transaction for a movie theater ticket. You do not have the right to stop payment on any transactions made with MoviePass. MoviePass is valid through the Valid Thru date printed on the MoviePass card, except in states where prohibited by law. No reproduction will be accepted. MoviePass is non-refundable and non-transferable. If your MoviePass card is lost or stolen, please contact MoviePass Customer Support immediately. There will be a $10 replacement fee charged to the credit card on file.

27.7 MoviePass is not directly affiliated or associated with any theater chains. All references to theaters and showtimes do not imply direct or indirect affiliation. All listed theaters do not necessarily have the ability to accept MoviePass, and their listing on this site does not imply such. MoviePass makes all efforts to accurately list theaters and showtimes available to the general public, and listed theaters and showtimes may be subject to change.

27.8. You agree to respect and abide by the theater regulations set forth by the venue you have selected tickets for. MoviePass will not be held responsible for the theater's actions if the venue agreements are violated. Lost, stolen, or damaged tickets will not be replaced. If you do not hold a valid ticket, you may be required to leave the premises. You should keep your ticket stub with you at all times in order to re-enter the relevant auditorium. MoviePass is not responsible if you are excluded from viewing the film under any condition. All film showings are subject to normal restrictions. You have no preferential right of access for any showings except for special events organized for MoviePass. You are not entitled to use MoviePass in conjunction with any other promotions offered by MoviePass unless stated otherwise. MoviePass is not responsible for theater programming, cancellations, or rescheduled performances.

27.9. MoviePass may suspend the subscription and temporarily deactivate your account at any time for any reason or none whatsoever; also including but not limited to the following:

(i) You miss a payment. MoviePass will contact you by email and if payment is made on request, MoviePass will reactivate the account within 48 hours of payment. You will not be permitted to use the account until it has been reactivated.

(ii) MoviePass suspects fraud in any manner connected to entering into or performing the agreement including providing false information; or

(iii) You breach any of aspect of this agreement.

27.10. If a user violates the following, MoviePass has the right to cancel membership:

(i) Fraud (or our reasonable suspicion of fraud) in any manner connected to entering into or performing the agreement including providing any false information;

(ii) In the event of fraudulent, persistent or serious misuse of the MoviePass service;

(iii) If you miss a payment and fail to make that payment within 10 days of a request from MoviePass to make it, or if you miss more than one payment;

(iv) Material breach of the agreement by you that has not been corrected within a reasonable time. Additionally, our system records the necessary information to turn over to collection agencies. When required, MoviePass reserves the right to use a collection agency to retrieve any outstanding balances. MoviePass reserves the right to seek appropriate punitive damages.

(v) Sharing a MoviePass card with someone else.

(vi) Attempting to purchase a film other than what was reserved in the MoviePass app.

(vii) Purchasing tickets on Fandango, MovieTickets.com, or any other third-party source.

(viii) Attempting to sell purchased MoviePass tickets to other patrons.

(iv) If you use MoviePass re-loadable debit card to purchase anything other than your movie ticket.

27.11. If an account is canceled, and you wish to rejoin MoviePass, you will need to activate a new subscription. Your original subscription terms, once canceled, will not be reactivated. New subscriptions for previously canceled users are granted at the discretion of MoviePass.

If MoviePass terminates the agreement, MoviePass may keep any subscription payments that have been received. If the subscriber cancels their account before their annual contract terminates, they may be liable for cancellation charges. If a subscriber cancels within the first month, they will be charged the difference between their first month’s subscription fee and the movies they attended. If the cost of tickets redeemed is less then the cost of subscription fees paid, they will receive a refund for the difference. Any sign up fees, membership fees, shipping and handling fees or other surcharges a subscriber pays upon signing up are non refundable and will not count towards subscription fees paid if a user cancels within their first month of service.

After the first month, the subscriber will be liable for cancellation fees based on the number of months their account has been active:

(i) If account is cancelled within months 2 or 3, cancellation fees are $75

(ii) If account is cancelled within months 4, 5 or 6, cancellation fees are $60

(iii) If account is cancelled within months 7, 8 or 9, cancellation fees are $40

(iv) If account is cancelled within months 10 or 11, cancellation fees are $20

At the end of the year the user can choose to not renew their account without any cancellation fees. If the user decides to continue their service, they would continue to be billed monthly until the user decides to cancel. At that point, the user would not be responsible for any cancellation fees.

27.12. To cancel, you must notify MoviePass in writing via email at support@moviepass.com during business hours (Monday through Friday, 9am-5pm EST) at least one business day prior to the next billing date. Cancellations are not effective until confirmation is sent to you via email, and you are responsible for all charges until cancellation is confirmed.

27.13. Gift Subscriptions are pre-paid membership to the MoviePass service redeemable at www.moviepass.com/gifts. A person who receives and redeems a Gift Subscription to the MoviePass Service is referred to in this agreement as the "Recipient." There are no refunds or other credits issued for Gift Subscriptions, redeemed or otherwise. MoviePass is not responsible if the Gift Subscription is lost, stolen or used without permission. Gift Subscriptions are not redeemable or refundable for cash, subject to applicable law, and cannot be resold or combined with any other special or free offers, including other Gift Subscriptions and Gift Cards. Gift Subscriptions purchased at www.moviepass.com/gifts are valid for redemption only at www.moviepass.com/gifts. Gift Subscriptions and their use are subject to this agreement.

28. DVD/Blu-Ray Policy

28.1. MoviePass is not obligated to accept any returns of Products submitted more than 30 days after the delivery of such Products to a Customer, including returns of Defective Products, Damaged Products, non-merchandisable Products and/or erroneously shipped Products.

29. Defective/Damaged DVD/Blu-Ray Item Return Policy

29.1. In the event that an item purchased from MoviePass is defective, we will exchange the disc under the manufacturer's warranty for a copy of the same title, provided the title is still available in our regular inventory. If the title is no longer available, or has been reissued by another studio, or is no longer covered by the manufacturer's warranty, this warranty is void. 29.2. Unfortunately, certain models of DVD players are not able to play certain DVDs. MoviePass cannot be held responsible for discs that cannot be played on certain systems. However, MoviePass will exchange the incompatible title with another title provided the warranty conditions are met. Items not accepted under the terms of this warranty will be returned, freight collect, to the sender.

29.3. In order for returned Products to be eligible for credit, you agree to the following procedure:

(i) you must email support@moviepass.com outlining the reason for the return.

(ii) If approved by MoviePass the User will be sent a Return Authorization Number (RA) for each individual package being returned. Each return will be assessed individually.

(iii) MoviePass must receive your request to return the product within thirty (30) days of the original delivery.

29.4. Returned titles must be in their original factory packaging. Please enclose the following information with each return;

29.5. When returning items to MoviePass, use a sturdy carton that will prevent damage to the disc. Do not use a Jiffy Bag, brown paper, or other soft containers. It is strongly suggested that discs be returned via the U.S. Postal Service Priority Mail, for shipping charges between $3 to no more than $10 which will be credited to your account. To save money on shipping, do not use a third party shipping or packaging service. Parcel post packages will require insurance to be purchased separately.

    Send all returns to: MoviePass

    670 Broadway 4th Floor New York, NY 10012

    You may also contact our customer service department by visiting our help page at https://help.moviepass.com or calling 877-646-2892 if you have any other questions.

30. Non-Defective DVD Return Policies

30.1. Only sealed, unopened titles will be accepted for credit, exchange, or refund within thirty (30) days of purchase. Discs must be in "like new" condition in order for us to issue credit. The disc must be with the original packaging intact and otherwise in mint, resalable condition. No credit will be issued for any returned Product not in mint, resalable condition with the original packaging intact. Any disc not meeting these conditions will be returned to you and no credit issued. Credit will not be issued for shipping charges and you will be charged a shipping charge for exchanges. A copy of your original purchase receipt is required.

31. Damaged DVD/Blu-Ray Shipment

31.1. Damaged Products are those shipped by Distributor, which are damaged during shipment to Customers to the extent that the product cannot be used for their intended purpose. Products damaged while in the care, custody, or control of you are not Damaged Products for purposes of this Agreement.

If you receive a title that has been damaged or is defective, please e-mail us at support@moviepass.com or call us at 877-646-2892. We will issue an RA and e-mail you a postpaid label for return of the problem item. We will also send you a replacement via Priority Mail. We must receive the defective or damaged item within 30 days or we will charge you for the replacement.

32. Lost DVD/Blu-Ray Shipment

32.1. Lost orders: If you feel that your order may have been lost in transit, please call or write us. If you have further questions, please contact a Customer Service rep for assistance with lost or damaged orders. MoviePass will use commercially reasonable efforts to package all shipments in a manner to prevent damage during shipment. Except as specifically stated here, all shipping shall be at the expense of the User. The risk of loss for products shall pass from MoviePass when the products are delivered to the carrier for shipment to the User.

32.2. MoviePass accepts paying with your credit card on file or through American Express,VISA, MasterCard, and Discover cards. If you are purchasing from MoviePass with a credit card for the first time it is our policy to contact the issuing bank to verify the billing information on the account, so please ensure that you submit the correct info. This security check occasionally causes delays depending on the accessibility of your bank, but it is necessary to minimize fraud and protect our customers. You will be contacted if there are any problems. Until an account has been established with MoviePass we will only ship to the verifiable billing or work address.

33. Price Guarantee

33.1. Pre-order Price Guarantee applies only to unreleased films sold by MoviePass and the price offered by MoviePass. It does not apply to other products or to films that have already been released, or to the same product sold by a different seller. Pre-order Price Guarantee applies only to qualifying films displaying the offer message on their product detail pages. Items that do not display the offer message do not qualify, regardless of the nature of the items. Pre-order price protection is automatically applied to qualifying DVDs/Blu-Rays.

If your order enters the shipping process before the release date and the MoviePass price is lowered before the end of the day of the release date, we will automatically refund your credit card for the difference between the price you were charged and the release-date price.

33.2 If you pre-order an "Upcoming" item we will ship it once the home video company has released the product. Please be aware that DVD/Blu-Ray release dates can change numerous times. We do our best to provide you with the most comprehensive and accurate information but there are times when that information is simply unknown. We will maintain all pre-orders as active and ship the item as soon as it has been released. You will not be billed for any item until it has been shipped.

33.3. MoviePass provides online stock status for all items we sell. The status represents our inventory level at the time you placed your order. From time to time an item may be "out of stock." When you order a title that is "out of stock" it is deemed to be a backorder. Our partner’s goal is to maintain significant inventory levels so that backorders do not occur but it may occasionally happen. You will not be billed for the item until it has been shipped. As orders are continuously being sent to the warehouse we are unable to guarantee cancellation at the time of your request. Shipping charges will not be refunded on returned orders that could not be cancelled.

33.4. Orders sent by our standard method, U.S. Postal Service (1st Class and/or Priority Mail) normally take 2-5 business days from the day it is shipped. MoviePass will try its best to get the DVD/Blu-Ray to your shipping location the day the DVD/Blu-Ray comes out. Due to delays and circumstances with the shipping company, MoviePass will not be responsible for a DVD/Blu-Ray arriving to the shipping address late.

33.5. MoviePass will not be held responsible for punitive, special, incidental or consequential damages to lost profits (including due to negligence) arising out of or in connection with this agreement, even if such party has notice of the possibility of such damages. In no event shall MoviePass be liable in an amount greater than the amounts actually paid by User.


The information contained in this web site is subject to change without notice.

Additional Terms Via Metabank

Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number and other personal information such as name, address and phone number, and Transaction activity. When you are no longer our customer, we continue to share your information as described in this notice.

All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons MetaBank chooses to share; and whether you can limit this sharing.

If you are a resident of California or Vermont, we will not share with non-affiliates except for our own marketing purposes, our everyday business purposes, or with your consent. Nevada residents: We are providing this notice pursuant to Nevada law.



CARDHOLDER AGREEMENT IMPORTANT – PLEASE READ CAREFULLY

Fees Associated with your Prepaid Card

Replacement Card Fee: $10.00

(Per Card; when Card is replaced for any reason)

International Transaction Fee: 3% of Transaction as identified in Paragraph 5 below.

1. Terms and Conditions for this Card.

This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which this Reward card has been issued to you. By accepting and using this card, you agree to be bound by the terms and conditions contained in this Agreement. Please sign your card immediately. In this Agreement, "Card" means the Card issued to you by MetaBankTM. "You" and "your" means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," "our," and “Bank”" mean MetaBank, our successors, affiliates or assignees. The Card will remain the property of MetaBank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.

2. Definitions

The Card allows you to access funds on the Card for a limited period of time, after which such funds will be returned to the corporate sponsor that initially funded the Card. Your Card can only be used at participating locations. The Card is issued for loyalty, award, or promotional purposes and is not a gift card; nor is it intended for gifting purposes. The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have. The Card is not a credit card. You will not receive any interest on the funds on the Card. This Card is not connected in any way to any other account and may be FDIC insured.

3. Using Your Card

You must activate your Card prior to use by calling the number or going to the website indicated on the Card. You may use your Card to purchase or lease goods or services wherever the Card is honored as long as you do not exceed the value available on your Card. You are responsible for all transactions initiated by use of your Card. If you permit someone else to use your Card we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use. If you do not have enough value loaded on your Card you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another form of payment. These are called “split transactions”. Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.

If you use your Card number without presenting your Card (such as for a mail order or telephone purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for any illegal transactions. CARDS ARE NOT ACCEPTED AT ATMs AND CANNOT BE USED TO ACCESS CASH OR OBTAIN CASH BACK IN ANY PURCHASE TRANSACTION. You will not be able to receive any cash back from any funds remaining on the Card after a purchase from an ATM or at any point of sale location. You may not add funds to your Card. However, the corporate sponsor from who you received your Card may add additional funds to your Card.

You should keep track of the amount of value loaded on Cards issued to you. You may obtain the current value on your Card by visiting www.svcards.com or by calling us at the Customer Service number shown on your Card and listed below at any time. If you have questions on Card usage, please call us at any time at 1-800-798-4104.

Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card you shall remain fully liable to us for the amount of the transaction. You agree to pay us promptly for the negative balance. We also reserve the right to cancel this Card should you create a negative balance with your Card. You do not have the right to stop payment on any purchase transaction originated by use of your Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to fifteen (15) days.

4. Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.

5. International Transaction Fee

If you obtain your funds, make a purchase in a currency or country other than the currency on your card, or make a purchase from a merchant using a bank that uses currency other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by MasterCard International Inc. or Visa U.S.A. Inc. into an amount in the currency of your Card. We will establish a currency conversion rate for this convenience using a rate selected by MasterCard International Inc. or Visa U.S.A. Inc. from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate MasterCard International Inc. or Visa U.S.A. Inc. receives, or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by the Bank. This percentage amount is independent of any amount taken by the Bank in accordance with the following section of these Terms & Conditions.

If you obtain your funds, make a purchase in a currency or country other than the currency on your card, or make a purchase from a merchant using a bank that uses currency other than the currency or country in which your Card was issued, the Bank may increase the currency conversion rate (described in the immediately preceding section) up to an additional 3% and will retain this amount as compensation for its services. This charge is independent of the currency conversion rate established by MasterCard International Inc. or Visa U.S.A. Inc.

6. Receipts

You should get a receipt at the time you make a transaction using your Card. You agree to retain your receipt to verify your transactions.

7. Confidentiality

We may disclose information to third parties about your Card or the transactions you make:

  1. Where it is necessary for completing transactions;
  2. In order to verify the existence and condition of your Card for a third party, such as a merchant;
  3. In order to comply with any government agency, court order, or other legal reporting requirements;
  4. If you give us your written permission, or;
  5. To our employees, auditors, affiliates, service providers, or attorneys as needed.

8. Our Liability for Failure to Complete Transactions

In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages.

9. Your Liability for Unauthorized Transfers

You agree to safeguard the Card and treat it like cash. The Card can be replaced if it is lost or stolen or if you believe that an electronic fund transfer has been made without your permission, with certain restrictions. You should call 1-800-798-4104 immediately to report a lost or stolen Card. You will be required to provide your name, the Card number, original value, and transaction history. If you do not contact us immediately, you could lose all the money in your Card account. If you tell us within two (2) business days after you learn of the loss or theft of your Card, you can lose no more than $50 if someone used your Card without your permission.

If you do not tell us within two (2) business days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $100. We reserve the right to require an affidavit and conduct an investigation into the validity of any request. You will not be liable for transactions identified by us as unauthorized. We will charge a $10.00 Replacement Card Fee (subject to applicable law) for any lost/stolen Card, which will be deducted from the balance on the Card. A reissued Card may take up to thirty (30) days to process. You acknowledge that purchases made with prepaid cards are similar to those made with cash. You cannot "stop payment" or lodge a "billing dispute" on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the merchant.

10. Periodic Statements:

You may obtain information about the amount of money you have remaining in your Card account by calling 1-800-798-4104. This information, along with a history of account transactions, is also available on-line at www.svcards.com.

11. Other Terms

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of South Dakota except to the extent governed by federal law. We may, in our sole discretion, adjust the value of the Card to correct transactional or issuance errors or discrepancies.

Funds are not preloaded on card. Funds are added at the time of the transaction by confirming the information required on the application. You can only participate in the program once the membership fee has been paid. Only select movie theaters offer this capability. Please visit moviepass.com to find a location near you. The maximum amount reloaded unto card each day is $30.00 and can be loaded 30 times per month. The maximum amount that can be on the card is $100.00.

12. Amendment and Cancellation

We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice.

We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

13. Information About Your Right to Dispute Errors

You are responsible for resolving disputes arising out of the Card transactions, including disputes related to the quality, safety or legality of merchandise or services. In case of errors or questions about your Card transactions, call if you think your receipt is wrong or if you need more information about a transaction on the receipt.

14. Privacy and Data Protection

WHAT DOES METABANK™ DO WITH YOUR PERSONAL INFORMATION?

Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What? The types of personal information we collect and share depend on the product or service you have with us. (i) Information We Collect (“Cardholder Information”) is as follows:

(a) Information about purchases made with the Card, such as date of purchase, amount and place of purchase.

(b) Information you provide to us when you apply for a Card, or for replacement Cards or when you contact us with customer service issues, such as name, address, phone number.

However, only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information.

When you are no longer our customer, we continue to share or not share your information as described in this notice.

How? All financial companies need to share customers’ personal information to run their everyday business. We may use Cardholder Information to provide customer services, to process claims for lost or stolen Cards or PINs, to develop marketing programs, to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies that perform business operations or services, including marketing services, on our behalf. We may also provide certain Cardholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas.

In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons MetaBank chooses to share; and whether you can limit this.

Privacy Definitions:

Affiliates: Companies related by common ownership or control. They can be financial and nonfinancial companies.

Nonaffiliates: Companies not related by common ownership or control. They can be financial and nonfinancial companies.

Joint marketing: A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

Reasons we can share your personal information
                       

Does MetaBank share?
                       

Can you limit this sharing?
           

For our everyday business purposes – such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
                       

YES
                       

NO
                       

For our marketing purposes – to offer our products and services to you
                       

YES                              
                       

NO
                       

For joint marketing with other financial companies
                       

YES                              
                       

NO
                       

For our affiliates’ everyday business purposes – information about your transactions and experiences
                       

NO
                       

We do not share
                       

For our affiliates’ everyday business purposes – information about your creditworthiness
           

NO
                       

We do not share
                       

For our affiliates to market to you
                       

NO
                       

We do not share
                       

For our nonaffiliates to market to you
                       

NO
                       

We do not share
                       

Questions? Call 1-800-798-4104 or go to www.svcards.com

How does MetaBank protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does MetaBank collect my personal information?

We collect your personal information, for example, when you open an account or use your Card, give us your contact information or pay your bills or provide employment information.

Why can’t I limit all sharing? Federal law gives you the right to limit only sharing for affiliates’ everyday business purposes, for example:

—information about your creditworthiness.

—affiliates from using your information to market to you.

—sharing for nonaffiliates to market to you.

State laws and individual companies may give you additional rights to limit sharing.

15. Telephone Monitoring/Recording

We may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

16. No Warranty Regarding Goods and Services

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

17. Arbitration

(a) Purpose: This section (“Arbitration Provision”) sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

(b) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement including the validity, enforceability or scope of this Arbitration Provision or the Agreement. Claim includes claims of every kind and nature and is to be given the broadest possible meaning that will be enforced. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.

As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Card.

(c) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed, as selected by the party electing to use arbitration. If a selection by us of one of the following organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) Judicial Arbitration and Mediation Services (“JAMS”) at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (ii) American Arbitration Association (“AAA”) at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

(d) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE JAMS, OR AAA, AS APPLICABLE (THE “CODE”). NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION, INCLUDING BEING A MEMBER OF A CLASS.

(e) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

(f) Payment of Fees: At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. The arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal).

(g) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except you may have a right to appeal any decision entered in Arbitration.

(h) Continuation: This Arbitration Provision shall survive termination of your Card and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

This Card is issued by MetaBank, 5501 S. Broadband Lane, Sioux Falls, SD 57108. For additional support, please call the number on the back of your Card or visit www.svcards.com.

© 2004-2011 MetaBank

META TC MP 12