Table of Contents
- The Site
- Accounts, Security and Passwords
- Electronic Contracting
- Right to Use Site Content
- Availability of an Offer; Errors
- Intellectual Property Rights
- Copyright Complaints
- Interactive Forums and Groups and Feedback User Submissions and Conduct
- Ownership And Use of User Submissions
- Submissions or Feedback
- Merchant and Merchant Offers
- Contests and Sweepstakes
- Third Party Content and Links to Other Websites
- Privacy Notice
- Disclaimer of Warranties
- Disclaimer of Damages and Limitation of Liability
- Force Majeure Delays and Cancellations
- Site Operator
- Dispute Resolution
The Site is a benefit for Mastercard cardholders. We are bringing to you a priceless™ “World” of adventures, offers, experiences and other benefits. Benefits of the Site may include the ability to purchase one of a kind offers and experiences and personalized information about your Mastercard payment card and the benefits associated with it. Email reminders can be set to keep you up to date on some of our new offers and experiences. Certain offers will be exclusive to certain Mastercard cardholders only. Your Mastercard card type (e.g., World or World Elite Mastercard) and issuer can be identified on the front or back of your Mastercard card. The following conditions apply to your use of the Site: (i) your Mastercard card is in good standing; and (ii) you must be at least eighteen (18) years of age or twenty-one (21) years of age in Puerto Rico. If you have any questions or issues about whether a Mastercard card can be used on this Site, please contact our Customer Service using the information listed below.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals List published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You agree that you do not have any rights in this Site and Mastercard will have no liability to you if this Site is discontinued or your ability to access the Site is interrupted and/or terminated.
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
If the Site requires you to sign-up for an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality and security of your username, password and account, and you are responsible for all activities and conduct by you or anyone else through your account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Mastercard immediately of any unauthorized use of your account any other breach of security. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Mastercard is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Neither Mastercard nor its service providers or agents will be liable for any loss or damages of any kind that may arise as a result of someone else using your password or account, either with or without your knowledge; however, you may be held liable for any losses incurred by Mastercard or another party due to someone else using your account or password.
We are granting you a limited, non-exclusive, revocable right and license for you to view, share, print or download any Content, as defined below, from the Site solely for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare or create any derivative works or other non-personal use of any Content on the Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else's use and enjoyment of the Site. You are also granted a limited, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to create a hyperlink to the Site or its any Content therein so long as the link does not portray Mastercard, or its products or services in a false, misleading, derogatory, or otherwise offensive manner or imply a sponsorship or endorsement of your site, page or content by Mastercard.
You may not use automated systems (e.g., robots, spiders, etc.) or a computer system to access, including to search for or scrape the Site, including, to reserve, buy, or otherwise obtain tickets, discount codes, promotional codes, vouchers, credits, gift cards, or any other experiences or items available on the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information in any manner. Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all Content contained therein are reserved and owned by Mastercard. Further, you agree not to: (i) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) access, reload, or refresh transactional experience, event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval; (iii) request more than 1,000 pages of the Site in any twenty-four (24)-hour period, whether alone or with a group of individuals; (iv) decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site; or (v) use bot technology to search for, reserve, or purchase tickets to experiences through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted experience ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.
You may not in using the Site: (a) gain or attempt to gain unauthorized access to Mastercard’s services or systems; (b) use or attempt to use Mastercard’s services or systems in any manner that is not expressly authorized by Mastercard; (c) disrupt, damage or impede the operations of Mastercard’s services or systems; or (d) circumvent or attempt to circumvent Mastercard’s security mechanisms.
Mastercard reserves the right to charge fees at any time for access to all or portions of the Site with your advance acknowledgement of the charge.
Mastercard may, in its absolute discretion, terminate your registration or restrict your access to the Site for any reason at any time.
You may purchase Offers, as defined below, through the Site or through a merchant’s site using a Mastercard card. All purchases of Offers are subject to availability. All Offers are subject to applicable taxes and fees, including, without limitation, any currency exchange charges, shipping costs and/or similar fees and taxes. Additionally, Offers processed in locations outside the country in which your Mastercard card was issued may be subject to foreign transaction fees assessed by your card issuer. You are responsible for all such fees, charges and taxes related to your purchase. For questions related to foreign transaction fees and when they may apply, contact the bank that issued your Mastercard card. Mastercard reserves the right to modify the price of any and all Offers at any time. Please note that certain Offers can be gifted to others. Gift orders will be sent to the gift recipient on your behalf at the email address or shipping address, as applicable, identified by you during checkout. By completing a gift order, you confirm that you have sought permission from your gift recipient to share their contact information with Mastercard and to send the gift to them in the manner described during checkout. Certain Offers are not transferable by their Offer terms and conditions. Any Offers that are non-transferable and are transferred by you can be revoked by Mastercard or the applicable merchant or alliance partner at any time. With respect to goods purchased on the Site, the risk of loss for and title to products purchased on the Site passes to you upon delivery to the carrier.
By purchasing any Offers or any other products or services offered for purchase on the Site, you acknowledge and agree that your Mastercard card is being charged by the payment process of Mastercard or its affiliate or service provider, or by the provider of the Offer in the case of Offers purchased directly from the Offer provider.
Each Offer will contain a description of such Offer’s return, cancellation or exchange terms and conditions. You are responsible for understanding this information prior to purchase. Your confirmation email once you have purchased an Offer will also set forth the return, cancellation and exchange terms and conditions of such Offer. In the event that neither the Offer nor the confirmation email contains such information, such Offer should be considered non-cancellable, not subject to returns, or exchanges and your purchase is non-refundable.
Mastercard’s acknowledgement of an order for any of our Offers means only that your order request has been received and does not constitute acceptance of an order or that the availability of an Offer has been confirmed. While we use reasonable efforts to describe and display the Offers accurately on the Site, we do not guarantee the accuracy or completeness of any information related to any Offer, including prices, product images, specifications, and availability. Mastercard reserves the right to change, modify or update information and to correct errors, inaccuracies or omissions at any time with or without prior notice. If we determine that there were inaccuracies in the Offer information or other Site errors in connection with your order, including with respect to pricing or availability, we reserve the right, in our discretion, to cancel your order and notify you of such cancellation via email or to contact you for further instructions. Additionally, any Offers may be discontinued at any time for any reason with or without notice.
The Site may contain information about certain benefits provided to you by or through the financial institution that issued your Mastercard payment card. For questions related to those benefits, please consult the financial institution that issued your Mastercard payment card. The Site may also contain information about certain benefits made available to you by an affiliate of Mastercard. Benefits may be subject to Additional Terms. The affiliate named in the Additional Terms applicable to such benefit shall be the party responsible for such benefit. While we aim to provide accurate information with respect to these benefits, we are not responsible for any errors or inaccuracies in the benefit details, terms and conditions or your eligibility for any such benefit.
The Content is protected by applicable intellectual property laws and all right, title and interest in the Content is owned by Mastercard or used by Mastercard under a license or with permission. All text, formatting, including, without limitation, the selection, coordination and arrangement of materials on the Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site (collectively, “Content”) are subject to the intellectual property rights of Mastercard, its subsidiaries and affiliates, and their respective licensors and licensees. Except to the extent permitted by law, Content may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other websites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Content without Mastercard’s prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively, the “Trademarks”) displayed on the Site are Trademarks of Mastercard and its third party alliance partners. Nothing contained on the Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Mastercard or such third party that may own the Trademark.
Any unauthorized commercial use of these materials will be a violation of Mastercard’s intellectual property rights and will be subject to Mastercard's full legal rights and remedies.
You acknowledge and agree that Mastercard will send you information and communications in connection with the Site. Such communications may be sent to your registered email address or to any other contact details you have provided to Mastercard in connection with the Site.
In doing so, please provide the following information:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Site that you claim is being infringed upon, with enough detail so that Mastercard may locate it on the Site;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
Mastercard may give notice to its users of any infringement notice by means of a general notice on any of its websites or apps, electronic mail to a user's e-mail address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3.A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4.Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Without limiting Mastercard’s other rights, Mastercard may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website or app owned or operated by Mastercard.
You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and Mastercard regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials.
By making a User Submission, you understand that you are granting Mastercard a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license to use, modify, and/or distribute the User Submission (including under copyright, patent, and trademark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission, including the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the User Submission. The license you are granting to Mastercard includes the right of Mastercard and its designees to reproduce the User Submission, prepare other works using the User Submission, combine your User Submission with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the transformed User Submission in the name of Mastercard throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits Mastercard and its designees to use only certain portions of your User Submission, rerecord or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by Mastercard or licensed from others, with your Submission. If we create other works using the User Submission, those works will be owned by us and may be used in accordance with these guidelines, and shall not be subject to your approval. In order to further effectuate the rights and license that you grant to Mastercard to your User Submission, you also grant to Mastercard, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Submission, without any obligation or remuneration to you.
By making a User Submission, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the Submission or any photograph(s), footage, illustrations, statements or other work contained in the Submission. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 15. You are also agreeing to appoint Mastercard as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Mastercard can use the User Submission that you are licensing in any way Mastercard sees fit to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other website or forum.
Upon request of Mastercard, you shall execute and deliver such additional instrument of license, as may be solely deemed by Mastercard, reasonably necessary to establish Mastercard's ability to use the User Submission as it sees fit and that “Moral Rights of Authors” are waived under these Terms and Conditions. Should Mastercard fail to request the said license instrument as stated, that shall not be deemed a waiver of Mastercard's rights and Mastercard may at a later time request the instrument.
From time to time, we may ask you for your feedback on the Site and products and/or services. Any communication or material you transmit or post will: (a) be treated as non-confidential and non-proprietary by Mastercard, (b) become the property of Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein, and (c) be used without restriction by Mastercard licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise and Mastercard shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, Mastercard maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services (collectively, “Submissions”), and therefore, you should not make any Submissions to Mastercard in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite this request not to do so, then such Submission shall immediately become the property of Mastercard, you hereby assign such Submission to Mastercard and Mastercard shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Mastercard shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. Mastercard shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Mastercard products and services.If you submit a Submission on the Site, you also irrevocably grant Mastercard the right to use your name, username, Twitter handle, profile picture, voice, likeness and biographical material in connection with any and all Mastercard advertising and promotional campaigns, including, without limitation, on the Site or in connection with Mastercard products and marketing materials. You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and Mastercard regarding the Submission, despite any statement or legend to the contrary on the User Submission and any related materials.
Merchants and alliance partners (including nonprofits) may provide to Mastercard cardholders certain offers, experiences, discounts or other benefits on the purchases of goods and services (collectively, “Offers”) that will be available on the Site or directly through the merchant or the alliance partner. Such Offers are subject to certain terms and conditions for each Offer and may change at any time without notice to you. While we facilitate the sale or availability of such Offers on our platform, the merchant or alliance partner that provides the Offer is responsible for the sale, fulfillment, care, quality and delivery of the goods and services offered. In some cases, you may receive an invoice from the local partners that are fulfilling the sale of the Offer and collecting and remitting applicable taxes. Mastercard will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant or the alliance partner with respect to such Offers. You acknowledge that Mastercard does not endorse or warrant the merchants or the alliance partners that are accessible through the Site nor the Offer that they provide on the Site or on their own website.
Purchases of Offers are subject to availability. All descriptions, images, references, features, content, information, specifications, products and prices described or depicted in connection with the Offers are subject to change at any time without notice. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, benefits, rewards, specifications, availability and services, including for any items sold or made available as a reward by third parties (if any). We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. Descriptive, typographic and photographic errors are subject to correction and we shall have no liability of any kind for such errors. We reserve the right to modify or cancel orders for any Offers for any reason, including for typographical, pricing and other errors at any time. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME.
From time to time, we make you aware of certain Mastercard or third party related contests and sweepstakes or other promotions. All such contests, sweepstakes and promotions are subject to the Official Rules or Terms and Conditions for such sweepstakes, contests and promotions and all related applicable laws, regulations and statutes.
Mastercard recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on the Site. Click here to view our privacy notice related to your use of this Site.
While Mastercard will use reasonable efforts to ensure that all material on this Site is correct; however, completeness, accuracy, timeliness, or adequacy cannot be guaranteed and Mastercard does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site. Reference to any product, charity organization or process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Mastercard.
The Internet may be subject to breaches of security. Mastercard is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email and other submissions over the Internet may not be secure, and you should consider this before emailing Mastercard any information or posting information to the Site. Mastercard makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site. The Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL MASTERCARD, ITS AGENCIES, BUSINESS PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES WHATSOEVER, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE OR ITS CONTENT, EVEN IF MASTERCARD OR ITS AGENCIES, BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL MASTERCARD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR USD $10 (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS MASTERCARD’S LIABILITY: (I) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY MATTER THAT IT WOULD BE ILLEGAL FOR MASTERCARD TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
Without limiting the aforegoing, we are not responsible for any card account fees or penalties that you incur on your Mastercard card account as a result of your use of the Site.
Mastercard does not represent, warrant or guarantee that any or all donations made via the Site will be deductible or tax-free for income or other tax purposes, or that any charitable organization has or will continue to have charitable or non-profit status, or complies with legal requirements applicable to charitable organizations in any jurisdiction.
Without limiting the aforegoing, we are not responsible for any errors in the Offer details or terms and conditions, any card account fees or penalties that you incur on your World or World Elite Mastercard or Mastercard card, including fees and penalties that may result from reversals. Any tax liability resulting from your purchase or use of an Offer shall be your sole responsibility, and not our responsibility or the responsibility of a merchant, Mastercard or the financial institution that issued your Mastercard card. Merchants or your issuing financial institution may report information regarding the Offers and your use of such Offers to tax authorities. Merchants and your issuing financial institution may not vary these terms as applied to the relationship between you and us and may not make any commitments that are binding on us.
Mastercard is a leading payment services organization. Mastercard is not a financial institution and does not issue credit, debit, prepaid or payment cards of any type of nature. Your Mastercard-branded payment card relationship is with an issuing bank or financial institution. Any and all questions or issues regarding your Mastercard-branded payment card or cardholder account should be directed to the bank or financial institution that issued your card, and not to Mastercard. While Mastercard has a relationship with your issuing bank or financial institution, that relationship does not pertain to individual cardholders or payment card accounts.
An Offer may be delayed, modified, suspended, rescheduled or cancelled by Mastercard or the merchant that provided the Offer due to: weather conditions or other elements of nature or acts of God (including, without limitation, fire, earthquakes, floods, hurricanes, tornadoes, droughts, unusually severe weather), civil or military authority, the public enemy, or war; riots; accidents; explosions; power surges; strikes or labor disputes; delays in transportation or delivery; epidemics; pandemics; quarantine or embargo; public health emergency of local, national or international concern; terrorism or threats of terrorism; national or regional emergency; error or disruption to major computer hardware or networks or software failures; and any other event that is beyond the reasonable control of Mastercard or the Offer provider.
This Site is operated by Traina Interactive Corp., a Mastercard company.
PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.
A Dispute will be resolved solely by binding arbitration in accordance with the then-current (i) Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in effect since the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules (collectively, “Rules”) of the AAA, except as modified herein, and the arbitration will be administered by the AAA. The arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Mastercard consent to in writing.
D. Special Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims are asserted against Mastercard by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Mastercard shall each select five (5) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process; the parties may but are not required to agree in writing to modify the number of cases to be included in the bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings pursuant to this provision. In the bellwether process, a single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator during the bellwether process unless the parties agree otherwise. After decisions have been rendered in the first ten (10) cases, Mastercard and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the bellwether cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. After decisions have been rendered in the second group of twenty (20) cases, Mastercard and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the decided bellwether cases; if a global settlement cannot be reached in the second mediation, the parties also may discuss with the mediator the process for resolving the remaining cases with the benefit of the decisions in the first two (2) rounds of bellwether cases; the parties are not required to agree to any modifications to the process set forth herein. Absent a settlement or agreement to modify the procedure for arbitrating the remaining cases, in order to increase the efficiency of administration and resolution of arbitrations, the arbitration provider shall: (i) administer the arbitration demands in batches of fifty (50) demands per batch (to the extent there are fewer than fifty (50) arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one (1) arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with Mastercard and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind. Mastercard does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 27(D). The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Section_27(D) from the time the first cases are selected for a bellwether process until the time your case is selected to proceed, withdrawn, or otherwise resolved. A court shall have authority to enforce this Section 27(D) and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Mastercard.
E. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 27(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 27(A); (b) filing for arbitration with the AAA as set forth in Section 27(B); or (c) filing an action in state or Federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.
F. Injunctive Relief. The aforegoing provisions of this Section will not apply to any legal action taken by Mastercard to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your Submissions, your User Submissions, and/or Mastercard’s intellectual property rights (including such Mastercard may claim that may be in dispute), Mastercard’s operations, and/or Mastercard’s products or services.
H. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the aforegoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction.
I. Federal and State Courts in Westchester County, New York. Except as set forth above (i) where arbitration is required; (ii) in small claims actions; or (iii) with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may be instituted only in state or Federal court in Westchester County, New York. Accordingly, you and Mastercard consent to the exclusive personal jurisdiction and venue of such courts for such matters.
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, WIDGET APPLICATION, CONTENT, USER-GENERATED CONTENT, SUBMISSIONS, USER SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MASTERCARD (INCLUDING YOUR LICENSED USER SUBMISSIONS) OR A LICENSOR OF MASTERCARD.
Content and software from the Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730–774, the International Traffic in Arms Regulations, country-specific economic sanctions, programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.
Last Revised: 28.03.2023.
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