For Membership Term Beginning September 1, 2013 or Later.
These terms and conditions govern the ArcLight Membership Program with respect to Membership enrollments beginning June 28, 2013 or later. Terms last updated on June 28, 2013.
ArcLight Membership Program (“ALMP”) Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. YOUR PARTICIPATION IN ALMP IS SUBJECT TO YOUR AGREEMENT TO ARBITRATE. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS AGAINST ARCLIGHT, YOU MUST CANCEL YOUR MEMBERSHIP WITHIN THIRTY (30) DAYS AFTER THE PURCHASE DATE. YOU AGREE THAT ANY AND ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO YOUR PARTICIPATION IN ALMP (“CLAIMS”) MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY CLAIM.
These terms and conditions (“Terms”) govern the ALMP. ALMP is operated by ArcLight Cinema Company, a California corporation ("ArcLight"). By purchasing a membership or otherwise participating in, enrolling in and/or using ALMP, you agree to be bound by these Terms, as amended from time to time. ArcLight reserves the right to change (add to, delete or amend) these Terms or any other aspects of ALMP at any time, upon reasonable notice to ALMP Members in accordance with these Terms. Please check the ArcLight Website periodically for changes. If you violate these Terms, ArcLight may terminate your membership, bar you from future participation in ALMP, cancel any unredeemed Points and Rewards, and/or take appropriate legal action against you. As a condition to membership in ALMP, you agree to comply with the terms of all offers, promotions and programs of ArcLight and any advertiser, sponsor and partner at all times.
1. Membership in ALMP. ALMP membership accounts are limited to persons residing in the United States (and members of U.S. Armed Forces not residing in the United States) who are 13 years of age or older. Members under the age of majority in their jurisdiction must obtain permission from a parent or legal guardian to enroll. Membership limited to one individual per ALMP membership account. No business entities, organizations or groups may register for ALMP. Membership is valid only at participating ArcLight Cinemas in the United States.
Membership Enrollment. To enroll in ALMP, you must provide the requested information, including, but not limited to, name, date of birth, telephone number, zip code and e-mail address to ArcLight by either: 1) visiting www.arclightcinemas.com (the “ArcLight Website”) to register online or 2) registering at a participating ArcLight Cinemas location. Once your enrollment is completed, the Annual Membership Dues received and your eligibility verified, you will become a member of ALMP (“ALMP Member”). ALMP Membership Cards may be obtained at any ArcLight Cinemas location after verification of registration. ArcLight may periodically request additional demographic or other information to help us get to know our ALMP Members better.
Membership Dues. Annual membership dues are currently US$15, excluding applicable taxes (“Annual Membership Dues”). ArcLight reserves the right to change the Annual Membership Dues at any time. Such changes will apply only to new memberships and renewal memberships.
Membership dues are non-refundable. ALMP Members may cancel their membership at any time as provided under Section 6 of these Terms. However, ArcLight will only refund the Annual Membership Dues amount for a new or renewal membership fee upon proper cancellation by the ALMP Member within thirty (30) days after the purchase date of the new or renewal ALMP membership or the charge date for an automatic renewal of an ALMP membership; provided you did not use your ALMP membership to obtain any benefits, Points or discounts during the new or renewal membership term.
Membership Term; Billing. Your ALMP membership is valid for one year from the date of purchase (“Membership Term”). Each year thereafter that ALMP is in effect, you may renew your ALMP membership by paying the then-current Annual Membership Dues prior to expiration of the current Membership Term. A renewal or automatic renewal within a current Membership Term extends the existing expiration date of the Membership Term by one year, with the renewal term beginning the day after your current Membership Term ends.
If you select to have your ALMP membership renew automatically annually, the Annual Membership Dues in effect at the date of renewal will be billed annually and automatically to the payment card you provided when you enrolled in ALMP or the form of payment that ArcLight currently has on file for you. You will be billed within the last 30 days of your existing Membership Term. You may elect to opt-out of automatic renewal by changing the settings in your ALMP Member profile on the ArcLight Website.
ArcLight may send ALMP Members messages from time to time using the contact information provided by that ALMP Member. Such messages may include system updates, flash bulletins, Point and Member Circle benefits, Reward confirmations, administrative announcements, special requests and the like; and may be sent via e-mail, regular mail, or communicated to you on a receipt or display at the time of use of an ALMP membership account. No Rewards, Points or Member Circle benefits will be earned or provided in connection with such messages.
ALMP Member's enrollment and participation in ALMP is personal and non-transferable. Points, Member Circle status and/or Rewards may not be purchased, sold, bartered, brokered or otherwise transferred. ALMP membership accounts, Points and Members Circle status are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law. Any offers ALMP Members receive are specific to that ALMP Member's membership account, unless otherwise stated and are non-transferable.
2. Earning Points and Member Circles. You can earn points (“Points”) for qualifying purchases and transactions following activation of your ALMP membership account by: (1) providing your ALMP Membership Card at the point of sale at any participating ArcLight Cinemas location; (2) providing your name and/or valid telephone number included with your ALMP membership account at the point of sale at any ArcLight Cinemas location; or (3) logging into your ALMP membership account on the ArcLight Website. Points are automatically tracked when a recognized and accepted ALMP Member ID method is provided at the time of the purchase or transaction. An ALMP Membership Card or appropriate ALMP Member telephone number must be presented before the conclusion of such qualifying purchase or transaction in order to earn Points for that qualifying purchase or transaction. Points earned on any single qualifying purchase or transaction may only be credited to one (1) ALMP membership account. If more than one ALMP Membership Card is presented for a single transaction, Points earned in such transaction may be split evenly among the membership cards presented in ArcLight’s sole discretion, depending on the manner of purchase and available functionality. Points will be credited to an ALMP Member’s membership account upon consummation of the qualifying transaction garnering Points. In certain cases, it may take twenty-four (24) hours or more for Points to be credited. ArcLight shall not be responsible for, or liable to, any ALMP Member, person or entity, in any way for any losses, costs or expenses incurred by a delay in crediting Points or Member Circle benefits to an ALMP Member's membership account.
Member Circles. As an ALMP Member, you can receive a member circle status (“Member Circle”) based on the number of qualifying visits to ArcLight Cinemas during the Membership Term. Details regarding the Member Circles are provided on the ArcLight Website. If you earn a new Member Circle status, you may only enjoy the benefits available for that Member Circle status upon your next visit to ArcLight Cinemas on the next business day. Benefits provided to ALMP Members with Member Circle status have set terms and will expire in accordance with the terms stated for that benefit.
Once you reach a certain Member Circle status, you will retain that Member Circle status during your current Membership Term. You must renew your ALMP membership at the end of your Membership Term and pay the Annual Membership Dues to maintain your current Member Circle status for the renewal term. Qualifying visits do not carry over into subsequent Membership Terms. ALMP Member must meet the number of qualifying visits for the Member Circle status during the renewal term or that status will not be maintained in subsequent renewal terms. ArcLight reserves the right to change, modify or update the number of visits or other actions and requirements needed to earn Member Circle status and benefits.
If you do not renew your ALMP membership prior to the end of your current Membership Term, you will have thirty (30) days (“Grace Period”) to determine if you wish to pay the Annual Membership Dues and continue your ALMP membership (unless you have selected to auto renew). If you renew your ALMP membership and pay the Annual Membership Dues within the Grace Period, you will retain the Member Circle status you earned in the previous Membership Term. If you renew your ALMP membership and pay the Annual Membership Dues after the Grace Period but less than one year after the expiration of your Membership Term, you will have a choice to either: (1) have your ALMP membership reinstated at the Member Circle status of your previous Membership Term with the renewal term beginning the day after your prior Membership Term ended or (2) renew your ALMP membership account for a full one year term effective as of the date of purchase without retaining the Member Circle status. If you do not renew within one year after the expiration of your Membership Term, you will not be entitled to reactivate or receive any prior Member Circle status or related benefits.
3. Conditions. ArcLight, in its sole and absolute discretion, may periodically offer ALMP Members the opportunity for additional or bonus Points on particular transactions or special offers. The purchases and transactions that qualify for Points and the corresponding Point amounts are set forth on the ArcLight Website or in other materials available at ArcLight Cinema locations. ArcLight reserves the right to change, modify or update such items and Points from time to time. Points may not be earned for: (i) any taxes paid on purchases or transactions, unless such taxes are included in the posted prices of such items, (ii) purchases of beverages containing any amount of alcohol, (iii) gratuities, (iv) for purchase of a ArcLight gift card or gift certificate or ALMP membership; or (v) purchases or transactions made using Points. A maximum of five hundred (500) Points may be earned on a single ALMP membership account in a single day, regardless of the number of transactions and/or purchases made by that ALMP Member. ArcLight is under no obligation to provide ALMP Members with any particular number of ALMP Point-earning opportunities, special offers, or to send messages to them. ArcLight reserves the right to limit ALMP enrollment at any time.
4. Redeeming Points for Rewards. To redeem Points for various ALMP rewards (“Rewards”), you must present your ALMP Membership Card or appropriate name and/or telephone number at any participating ArcLight Cinemas location (for in-person transactions) or be logged into your ALMP membership account (for online transactions). Rewards are subject to availability and limitations as may be imposed by ArcLight. You must have at least enough unredeemed and unexpired Points in your ALMP membership account (“Available Points”) for the Reward you wish to redeem. ALMP Members must accrue fifty (50) Available Points before the first redemption for any Reward. In any single transaction, only one ALMP membership account may be used to redeem Points for Rewards. Points accrued by an ALMP Member in any purchase or transaction may only be redeemed in a separate, subsequent purchase or transaction. Determinations regarding redemption of Points are subject to ArcLight’s discretion.
Points will be subtracted from the ALMP Member's membership account immediately when a Reward is requested based on the total Points for the requested Reward. Points will be refunded to an ALMP Member's membership account only in the event ArcLight determines, in its sole and absolute discretion, that the Reward requested by that ALMP Member is unavailable, cannot be delivered or is defective.
A list of current Rewards and Points needed for redemption are available at ArcLight Cinemas locations or on the ArcLight Website. Points and Member Circle benefits have no cash value and are not redeemable for cash, gift certificates or gift cards. Accumulated Points and Rewards do not constitute property of an ALMP Member. ArcLight reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available at any particular Point-spending or Member Circle status. ArcLight reserves the right to modify the number of Points and Member Circle status needed to redeem specific Rewards.
Points may not be used in connection with showings or features designated as “Special Engagements,” notwithstanding any errors in advertising to the contrary. In the event of technical failures or difficulties or other reasons, ALMP membership benefits may not be available during an ALMP Member's visit to an ArcLight Cinemas location or participating establishment. ALMP Members are not entitled to any compensation as a result of such technical failures or difficulties.
5. Expiration of Points. Except as otherwise set forth in Section 6, unredeemed Points expire two (2) years after the qualifying purchase or transaction garnering those Points, regardless of your Member Circle status. When you redeem your Points for Rewards, your oldest Available Points are used first. If you have any questions as to when your Points will expire, please contact ArcLight by e-mail to firstname.lastname@example.org.
6. Cancellation; Termination. An ALMP Member may cancel his or her ALMP membership at any time, for any reason, by notifying ArcLight (1) by e-mail to email@example.com or (2) by regular mail to ArcLight Membership Program, 120 N. Robertson Boulevard, Third Floor, Los Angeles, California 90048. If you cancel your ALMP membership, the Annual Membership Dues is non-refundable except for cancellation as provided under Section 1, Membership Dues, of these Terms above.
An ALMP Member’s membership account will be automatically cancelled by ArcLight if not properly renewed by the ALMP Member according to these terms. An ALMP Member's membership will be cancelled immediately in the event of that ALMP Member's death.
Upon cancellation, the ALMP Member’s active membership shall immediately cease and that ALMP Member may no longer earn Points or receive ALMP benefits, unless that ALMP Member re-enrolls in ALMP. Upon cancellation of an ALMP membership, ArcLight will maintain your ALMP membership account information on file and may send you messages from time to time using the contact information provided by you, unless you opt-out of receipt of such communications by modifying your membership information on the ArcLight Website. In order to redeem any unexpired Points in your ALMP membership account after cancellation or non-renewal, you must maintain your membership account information on file with ArcLight. Any use of or redemption of Points following cancellation will be subject to these Terms and you agree to be bound by these Terms in connection with such use. ArcLight has no obligation to refund you for any unredeemed Points or ALMP benefits following cancellation. In some cases, ALMP Members may still receive messages (which may have been scheduled prior to such ALMP Member's membership account termination) after termination of enrollment in ALMP.
ArcLight reserves the right to suspend or terminate, at ArcLight’s sole and absolute discretion, any ALMP membership account if ArcLight believes that ALMP Member has abused ALMP privileges, has violated or acted inconsistently with these Terms or applicable law or acted in a manner harmful to our interests. ALMP Members understand and agree that termination by ArcLight of an ALMP membership account will result in in the cancellation of all Points, Rewards and Member Circle benefits associated with that ALMP Member’s membership account and the inability of that ALMP Member to redeem Points or Rewards or earn additional Points or Member Circle benefits.
ArcLight reserves the right to terminate ALMP, or any or all benefits under ALMP, at any time, for any reason, including without limitation, upon sale of ArcLight Cinemas. In the event ArcLight elects to terminate ALMP, ArcLight will provide a notice of termination in accordance with these Terms. In the event of such termination, at ArcLight’s election, ArcLight will either maintain your ALMP Member benefits until expiration of the current Membership Term or refund to you a pro-rata portion of the Annual Membership Dues for the remaining portion of your current Membership Term. ANY UNREDEEMED AND UNEXPIRED POINTS AND MEMBER CIRCLE BENEFITS SHALL BE CANCELLED AT THE LATER OF (1) THE END OF THE ALMP MEMBER’S EXISTING MEMBERSHIP TERM IF ARCLIGHT ELECTS TO MAINTAIN THE MEMBER BENEFITS OR (2) NINETY (90) DAYS AFTER ALMP PROGRAM TERMINATION.
7. General Restrictions. ArcLight management shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination or disabling of ALMP membership (including, but not limited to, cancellation of Points) shall be final and binding. Should an ALMP Member object to any of these Terms, or any subsequent modifications thereto, or become dissatisfied with ALMP, that ALMP Member's only recourse is to immediately discontinue participation in ALMP and properly cancel his or her ALMP membership account in the manner provided above.
8. Disclaimer of Warranties/Limitation of Liability. ALMP Members agree that use of, and participation in, ALMP is at the ALMP Member's sole risk. ALMP Members further agree that ArcLight, and its subsidiaries, divisions, agents, affiliates, attorneys, representatives or licensors (“Released Parties”) shall not be liable to ALMP Members or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of access or use of, or inability to enroll or participate in ALMP or arising out of any action taken in response to or as a result of any information available through ALMP. Each ALMP Member hereby RELEASES THE RELEASED PARTIES FROM AND waives any and all claims against any Released Party arising out of, or in connection with, his/her use of, or enrollment or participation in, ALMP or USE of the ArcLight Website or any information available thereon. Each ALMP Member acknowledges that he/she is aware of the contents and effect of California Civil Code § 1542 and hereby expressly waives and releases all claims and any and all provisions, rights, and benefits conferred by (i) Section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO ANY CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR; (ii) any equivalent, similar, or comparable present or future law or principle of law in any jurisdiction; or (iii) any law or principle of law in any jurisdiction that would limit or restrict the effect or scope of the provisions of the release set forth above.
The ALMP, and all services and Rewards offered therein are provided on a strictly “as is” and “as available” basis. ARCLIGHT MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED THROUGH ALMP OR THROUGH ANY ADVERTISERS, SPONSORS OR PARTNERS. ARCLIGHT MAKES NO WARRANTY THAT ALMP WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES ARCLIGHT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ALMP. ArcLight expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or the availability of seating for a particular performance(s) of an exhibition. No advice or information, whether oral or written, obtained by an ALMP Member from or through ALMP or ArcLight shall create any warranty not expressly made herein.
9. Participation in Promotions of Advertisers and Partners. ALMP Members acknowledge that ArcLight does not endorse the contents of any advertisements of our partners or sponsors, if any, appearing in connection with ALMP. ArcLight assumes no liability, obligation or responsibility for any part of any correspondence or promotion, including, without limitation, withdrawal or modification of any offer or promotion. ALMP Members understand that, in some cases, there may be a delay in the crediting of Points for promotions of advertisers, sponsors, or partners due to the failure of an advertiser, sponsor or partner to provide necessary information to the ALMP for such crediting of Points, or for any other reason. ALMP Members agree that ArcLight shall not be responsible or liable for any losses, claims, costs or expenses incurred as a result of any such delay or failure to credit Points. ArcLight shall not be liable or responsible for guarantees, warranties and representations, if any, offered by advertisers, manufacturers of merchandise or suppliers of services. ArcLight is not responsible and assumes no liability for changes or discontinuance of service from providers which may affect offers for Rewards or the accrual of Points or Member Circle status.
10. Notices. Notices given by ALMP will be transmitted, in ArcLight's sole discretion, by e-mail, regular mail, general posting on the ArcLight Website, postings in participating ArcLight Cinemas locations, or through other method as may be deemed appropriate and necessary by ArcLight or permitted under law.
11. Dispute Resolution and Arbitration. Each ALMP Member and ArcLight agree that any Claims arising out of or in relation to these Terms, or the interpretation, making, performance, breach or termination thereof, or ALMP, including any billing disputes, shall be finally settled by final and binding arbitration. Arbitration proceedings shall take place in Los Angeles, California, under the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association by three arbitrators appointed in accordance with the Rules, or such other arbitration association as mutually agreed by the parties. Judgment on the award shall be final and may be entered in any court having jurisdiction thereof. CLASS ACTION WAIVER: Each ALMP Member and ArcLight agree that all Claims will be arbitrated on an individual basis and that there will be no class or representative actions in arbitration. ALMP Members and ArcLight may not participate in a class or representative action against the other party as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were asserted directly. Each ALMP Member and ArcLight agree that this class action waiver is an essential part of the arbitration agreement and that the class action waiver may not be severed from the arbitration agreement. If this class action waiver is found to be unenforceable by any court or arbitrator, then the entire arbitration agreement set forth herein will not apply to any Claim between the parties. JURY TRIAL WAIVER: If a claim proceeds in court rather than through arbitration, each ALMP Member and ArcLight WAIVE ANY RIGHT TO JURY TRIAL.
If the arbitration agreement is found to be unenforceable by any court or arbitrator, then each ALMP Member and ArcLight agree that any proceedings in court will be conducted on an individual basis and that there will be no class or representative actions. Each ALMP Member and ArcLight agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
12. General. These Terms and participation in the ALMP shall be governed by the law of the State of California, excluding its conflicts of laws principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules. These Terms constitute the complete and exclusive understanding between ArcLight and ALMP Members relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements and/or advertising. If any provision(s) of these Terms is held to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ArcLight in writing.
13. Indemnification. ALMP Members agree to indemnify and hold ArcLight, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of violation of these Terms.
14. Contact Us.
ArcLight Cinema Company, 120 North Robertson Boulevard, Los Angeles, CA, 90048. We welcome questions, comments and suggestions about ALMP. Questions or correspondence should be directed to Member Services through use of the online contact form on the ArcLight Website or by e-mail to firstname.lastname@example.org