Passin Miami, AGREEMENT REGARDING USE OF Passin Miami
SERVICES AND WEB SITE(S)
Please review the following terms and conditions carefully.
This Agreement Regarding Use of Passin Miami Services and Web Site is a legally binding contract between you ("You" or "Your") and Passin Miami , regarding Your visit to and use of the Passin Miami web site and Your use of the various products and services that can be purchased on the Sites or are otherwise referenced on the Site. This Agreement contains, among other things, a Requirement for Alternative Dispute Resolution ("ADR") That shall govern all disputes and claims (including legal disputes and claims) that may arise between You and Us. You confirm your approval and recognition of this Agreement, including the ADR Requirement, by accessing the Site. You agree and recognize, without limitation, that the ADR Requirement and all other provisions of this Agreement are enforceable in every jurisdiction where the Site is utilized without authorization.
Permitted Use of the Site(s) By using the Site, You agree at all times to use the Site lawfully consistent with this Agreement.
You must be at least 18 years old to use the payment method displayed on the Site to purchase products and services. You confirm that you have the legal capacity to enter into the terms and conditions of use for the Site and to instruct Passin Miami to collect any payments from a credit or debit card by using the Site. Additionally, you agree to abide by all terms and conditions of the Site. You affirm that all information you provide while utilizing the website is accurate and true.
Specific sections of the website might necessitate a logon or password for access. Users who have been granted access to private sections of the website through a password or PIN are held fully liable for any actions that take place using or originate from that specific password or PIN. It is advisable to implement measures to safeguard the privacy of the password or PIN in question and promptly inform Passin Miami of any unauthorized use, loss, theft, or disclosure.
Credit Card Payments
Bypass Miami is responsible for all payment transactions. Passin Miami collects pertinent personal information, including credit/debit cards, for the purpose of order processing. You concur that, including all bookings, you are responsible for all charges incurred as a result of your use of the website. By providing or including the credit card information on your account, you grant Passin Miami explicit authorization to charge that card for any remaining fees or costs owed to Passin Miami. In the event that You are not the credit or debit card bearer for the reservations, it is your duty to obtain the card holder's permission prior to entering any pertinent information, and to verify the accuracy of such information upon entering.
Improper Use of the Site(s)
You are prohibited from attempting to access the Site via any method not deliberately provided by Us for Your Particular Use. You are not permitted to disrupt or interfere with the Site, its servers, or any networks that are connected to it. You are strictly prohibited from uploading any content onto the Site or using any of the products or services offered by Us for destructive or unlawful purposes. This includes, but is not limited to, the dissemination of libellous or inflammatory materials; pornographic or obscene information; computer viruses; solicitations; advertising or promotional material; stalking; or any other form of material that violates the terms of service. You are not permitted to download any portion of the site's operating software or exert any other control over its operation. You are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting for commercial gain any portion of the Site or any referenced products or services. Engaging in improper utilization of the website or the products, services, or information presented thereon may lead to legal and criminal repercussions.
With the exception of third-party trademarks and service marks, which are the property of their respective proprietors, all trademarks and service marks utilized on the Site are the property of Passin Miami. You are not permitted to use any of these trademarks without the prior written consent of Passin Miami or their respective owners.
All information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials, whether publicly posted or privately transmitted, are the exclusive property of Passin Miami or its third party licensors, and are protected by international copyright laws and other intellectual property rights. You may download or print inpidual pages of the Site for Your personal use; provided that You do not modify or delete any of copyright and other proprietary notices on those pages.
This information published on the Site, including links to other sites, is provided as a convenience to visitors and should be used for information purposes only. While We use all reasonable efforts to ensure that the information contained on the Site is current, accurate and complete at the date of publication, no representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information, or as to the reliability, accuracy or completeness of information on linked sites. We are not liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on the Site. THE INFORMATION ON THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY. UNDER NO CIRCUMSTANCES WILL Passin Miami BE LIABLE IN ANY WAY FOR ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE. YOU AGREE THAT Passin Miami AND ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OR PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE DELAY OR INABILITY TO USE THE SITE OR ANY OF THE PRODUCTS, SERVICES OR LINKS OFFERED ON THE SITE, EVEN IF Passin Miami IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Availability of Site(s)
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any products or services offered on the Site without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension, discontinuance or unavailability of the Site or any products or services offered on the Site.
Modifications to the Content and Product Offerings on the Site(s)
Without prior notice, we reserve the right to modify, suspend, or discontinue any components of the Site, including its content, products, or services. This includes the ability to make adjustments or corrections. We shall, nevertheless, honour any confirmed reservations or issue a refund in the case of unforeseen cancellations on our part.
Promotion of Services
The exclusive purpose of the website is to promote and advertise the consumer services offered by Passin Miami. There is no solicitation to purchase stock or securities in the Site, including any statements regarding Passin Miami's expectations or beliefs. Furthermore, no statement or information on the Site is intended to or should be construed as a prediction of Passin Miami's future profitability or business results.
Indemnification For Claims Relating to Your Use of the Site(s)
You agree to indemnify and hold harmless Passin Miami and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees, in the event that a third party brings forth a claim or demand, including reasonable attorneys' fees, in connection with or arising from any information that You contribute, publish, or transmit via the Site, Your utilization or connection to the Site, Your breach of this Agreement, or YIELDING FROM SUCH CLAIMS OR DEMANDS.
Lost or Stolen Property
Regardless of whether the lost or stolen property occurs in connection with your use of the Site or any other service offered by Passin Miami, we shall not be liable for such loss or theft.
Alternative Dispute Resolution ("ADR") Requirement
(a) By using the Site and any services obtained through the Site, including the purchase or use of tickets, You and Passin Miami agree to resolve any and all disputes and claims (all disputes and claims are referred to below as "Claims") that may arise between us in inpidual binding arbitration, as enforceable under Section 2 of the United States Federal Arbitration Act (the "ADR Requirement"). Except as stated in paragraph (e) below, this ADR Requirement applies to every aspect of the relationship between You and Passin Miami , including any Claims that either of us may have in contract, tort, or under any other legal theory, and including without limitation Claims for personal injury, property damage, or any other kind of damage, loss or wrong. By agreeing to arbitration, You and Passin Miami are giving up the right to sue one another in court and to have a trial before a judge or jury. (b) It is an essential term of this ADR Requirement that both You and Passin Miami may seek remedies only for their own inpidual Claims, that neither you nor Passin Miami shall have any right or option to have any Claim heard as a class action or in any other proceeding in which either of You or Passin Miami acts or proposes to act in a representative capacity, and that no arbitration shall be combined with another arbitration or other proceeding without the prior written consent from both you and Passin Miami . This limitation is called a "class action waiver." Because the class action waiver is an essential part of this ADR Requirement, this requirement shall be null and void with respect to any Claim with for which the class action waiver is limited or determined to be unenforceable, and such Claim may only be brought in court. (c) You and Passin Miami agree that the substantive law for deciding all Claims between us shall be the law of the State of New York, without regard to New York’s choice of law rules. You further agree that the statute of limitations for any Claim You may have against Passin Miami , or that Passin Miami may have against You, shall be one year; in other words, if You have any Claim against Passin Miami , You must assert it in arbitration within one year from the date the claim arose, and any Claims not brought within such period of time shall be deemed waived. The same time limitation applies to any Claim Passin Miami may have against You. (d) You and Passin Miami agree that any arbitration shall be conducted before the American Arbitration Association (the "AAA") (using the AAA’s Supplementary Procedures for Consumer-Related Disputes and the AAA’s Commercial Arbitration Rules Expedited Procedures, if applicable), in English, at a location in New York County (Manhattan), New York State, United States of America. A copy of the AAA’s arbitration rules, including directions for filing a request for arbitration, is available through the AAA at 1633 Broadway, 10th floor, New York, NY 10019 (phone: 1-800-778-7879), or on line at . (e) Notwithstanding any other terms of this ADR Requirement, You and Passin Miami agree that either of us may litigate any Claim in the small claims court of New York County (Manhattan), New York, if the Claim meets all requirements to be heard in that court, but if such a Claim is transferred, removed or appealed to a different court, you and Passin Miami will each have the right to require that the Claim be arbitrated pursuant to this agreement. (f) You and Passin Miami agree that, if either you or Passin Miami commence an arbitration against the other, arbitration costs, including compensation for the arbitrator(s), shall be split between us according to AAA rules. Additionally, the prevailing party in any arbitration proceeding commenced pursuant to this ADR Requirement shall be entitled to be reimbursed for its reasonable attorneys’ fees. (g) If You do not agree to resolve all Claims between us as required by this Alternative Dispute Resolution Requirement, You may return your Pass prior to using it (or cancel an online purchase), and provide Passin Miami with a statement that you do not agree to be bound by this ADR Requirement, and Passin Miami will refund the price of your Pass or cancel your online purchase. Notwithstanding the foregoing, this ADR Requirement will be effective for any and all other Claims relating in any way to the use of the Site.
We wish for the website to be both beneficial and user-friendly for you. To share any inquiries, feedback, or recommendations, kindly reach out to Passin Miami. Details can be found on the "Contact Us" page of the website.
In accordance with these terms and conditions, our failure or delay in enforcing a duty or exercising a right does not constitute a waiver of that duty or right. For breaches of this Agreement, Passin Miami reserves the right to pursue all available legal and equitable remedies, including the right to block access to the Site from a specific Internet address. In the event that any provision or term of these terms and conditions is declared unlawful, invalid, or unenforceable for any reason, that particular provision or term shall be considered pisible from the remaining terms and conditions and shall be considered as if it were deleted from them. By publishing a change notice on this page, Passin Miami reserves the right to modify the terms of this agreement at any time and in its sole discretion.