Cinemex Privacy Policy

Cinemex Holdings USA, Inc. (“CMX,” “we,” “our” or “us”) has created this privacy policy (“Privacy Policy”) to describe its information gathering and privacy practices. We respect your privacy and are committed to protecting it as described in this Privacy Policy. This Privacy Policy describes the types of Personal Information (defined below) that we may collect in connection with (i) your use of https://cmxcinemas.com (the “Site”) and CMX’s mobile applications (“CMX Apps”); (ii) your participation in any sweepstakes or “giveaways” organized by CMX (“Sweepstakes”); and, (iii) any other services (the Site, CMX Apps, Sweepstakes, and such services are collectively referred to in this Privacy Policy as the “Services”), and our practices for collecting, using, storing, transferring, processing and disclosing that information. Please read this Privacy Policy carefully to understand our policies and practices regarding our treatment of your Personal Information. By accessing or using the Services, you are consenting to the application of this Privacy Policy to your Personal Information, including our collection, storage, use, transfer, and disclosure of your Personal Information as described in this Privacy Policy. This Privacy Policy may change from time to time. Your continued access to or use of any of the Services after we make changes is deemed to be an acceptance of those changes. Accordingly, you should review this Privacy Policy whenever you use the Services to see if this Privacy Policy has been changed.

CMX respects the privacy rights of our online visitors and recognize the importance of protecting the information collected from you. We have adopted a corporate wide Privacy Policy that guides how we collect, store and use the information you provide online. Please note that this policy applies only to sites maintained by CMX and its subsidiaries, and not to websites maintained by other companies or organizations to which we link.

In order to enable you to register to receive information, products or services available through the Services, or to permit us to respond to your inquiries, CMX may collect information from you or about you including:

Information that you provide by filling out forms on or through the Services, including information provided at the time or registering to use the Services, requesting services, or placing an order on or through the Services;
Records and copies of your correspondence, including your e-mail addresses, for those who communicate with us via e-mail;
Information about your use of the Services, which is collected automatically as you navigate through the Services; and
Information regarding you location in order to provide information on local theaters, the distance to theaters and directions to those theaters.

In the manners describe above, we collect several types of information from or about you:

Information which you may be personally identified, such as your name, address, e-mail address, telephone number, Facebook or other social networking sites or mobile device applications (“apps”) account information, gender, date of birth, age, other demographic information, and any other information by which you may be contacted online or offline (“Personal Information”);
Sensitive information such as credit card information; Information that relates to you or your activities in connection with the services, such as tickets and concessions purchased; and
Information about the resources you use to access our Services, such as your IP address, and usage details such as the website, URL or app from which are you are visiting or accessing the Services.

If you choose to share information about yourself in a public forum, such as through a social media platform like Facebook or Twitter, or in any user-generated content area of our Services, we consider that information to be public and not private. Others with access may read, collect and use that information. You assume the risk that your information may be read, collected and shared by such other parties.

As you access, navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information about your activity (“User Activity Information”), including details of your use, including traffic data, location data through geo-location technology, logs and other communication data and the resources that you use to access the Services. User Activity Information does not necessarily include Personal Information, but we may maintain it or associate it with Personal Information that we collect or receive in other ways to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you with respect to the Services.

The technologies we use for this automatic data collection may include cookies and web beacons. A cookie is a small file placed on the hard drive of or in the memory of your device. A web beacon is a hidden object embedded in a web page. We use cookies and web beacons to help analyze Services usage, customize our Services, measure Services effectiveness, and promote trust and safety. You may refuse to accept cookies by activating the appropriate setting on your device or browser. However, if you select this setting, you may be unable to use certain features of our Services. Unless you have adjusted your device or browser settings to refuse cookies, our Services will issue cookies when you access the Services. Other companies’ use of their cookies is subject to their own privacy policies, and not this Privacy Policy. Other companies do not have access to our cookies. We use an independent ad company to display ads on our Services. These ads may contain cookies.

We do not use automatic data collection technologies to engage in behavioral tracking. The Services do not respond to “do not track” signals or other similar mechanisms.

We (including our affiliates) use information that we collect about you, including any Personal Information, for the following:

To provide, enhance, improve and develop our Services, including measuring and improving the Services’ content and layout;
To provide you with information, products or services that you request from us, or to send you information or otherwise contact you about products, services, advertising, special offers or promotions from CMX or its affiliates, including our CMX Rewards loyalty program;
To assist us in marketing and advertising our products and services;
To resolve disputes and troubleshoot problems;
To provide notices to you about your account;
To notify you about changes to the Services or any products or services that we offer;
To support maintenance operations of the service or for the purpose of diagnosing or resolving any problems that might limit or disrupt the quality of the Services experience;
To fulfill any other purpose for which you provide such information;
In any other way we may describe when you provide the information; and
For any other purpose with your consent.

We may use your Personal Information to communicate with you about the Services or your account, including by e-mail, text messages and other forms of communications. In certain cases, you may be able to opt out of receiving such communications. We may use your Personal Information to respond to communications from you, including to respond to your requests for information or updates related to the Services. We may also send administrative communication relating to your account. These communications are considered part of your account, and you may not be able to opt out from receiving such communications.

We may disclose information that we collect from or about you, including but not limited to Personal Information, to the following: (i) our affiliates; (ii) third parties to perform services on our behalf, (iii) to a buyer or other successor of CMX or any of our affiliates in the event of an acquisition, merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of CMX’s or any of our affiliates’ equity or assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceedings, in which Personal Information relating to users of the Services which is held by CMX or its affiliates is among the assets transferred; (iv) for any other purpose disclosed by us when you provide the information; and (v) for any purpose with your consent.

We may create aggregate information about our users and their use of the Services, which information does not identify any particular user. We use this aggregated information to monitor and improve the Services, our products and services. We will be the sole owner of such information. We also may disclose this anonymized, aggregated information to people and entities with whom we do business, to our investors, and to market our products and services. Notwithstanding any other provisions of this Privacy Policy, we also reserve the right to access, preserve and disclose any information, including, but not limited to, Personal Information, as we reasonably believe is necessary, in our sole and absolute discretion: (i) to respond to legal requirements, including complying with any court order, law or legal process and responding to any government or regulatory request, including responding to law enforcement or other government officials in response to a verified request relating to a criminal investigation or alleged illegal activity; (ii) enforce or apply our policies and agreements; (iii) to detect, prevent or otherwise address fraud, security, trust and safety or technical issues; (iv) to respond to user support requests; or (v) to protect the rights, property, health or safety of CMX, our users, any third parties or the public in general.

The Services may allow third parties to deliver advertisements to you. In addition, the Services may contain links to other web sites or apps, and may utilize or provide you with the ability to register, log on to, “like” or otherwise interact with social media services, such as Facebook, Instagram, Twitter, Pinterest or YouTube, or other third party social networking sites or apps, that are not owned or controlled by CMX. Please be aware, this Privacy Policy address only CMX’s collection, use and disclosure of information collected by CMX from you through the Services. It does not apply to the practices of third parties that we do not own or control. We encourage you to review the privacy policies of each site or app that you visit, including without limitation any site to which you are directed after clicking an advertisement. We are not responsible for the content, user agreements or privacy policies of third party services.

We will maintain appropriate safeguards designed to protect against the loss, misuse, and alteration of any Personal Information under our control. Please be aware that the transmission of information over the Internet is not inherently secure, and, although we endeavor to provide reasonable security measures, no security systems can prevent all potential security breaches. Information provided through the creation of your account is protected by a password for your privacy and security. You are responsible for keeping this password confidential. It is important that you prevent unauthorized access to your account and information by using a unique, secure, and protected password and limiting access to your password and your device. You should not share your password with any third party, or allow any third party to access the Services using your password. You hereby agree to accept responsibility for all activities that occur under your account or password. CMX reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

You may have the choice to opt out of receiving certain marketing communications from us, and to limit certain disclosures by us of your information to other companies. You can also change or modify certain information previously provided. You may opt out through the applicable settings feature of the Site or CMX Apps, or by e-mailing our customer service department at Privacypolicy@cmxcinemas.com. In addition, if you would like to contact us regarding this Privacy Policy, the practices of this Site or the CMX Apps, or your interaction with the Services, please write us at: Privacypolicy@cmxcinemas.com.

We will endeavor to accommodate your requests in our own databases as soon as we can reasonably do so. We are not responsible for removing your information from the lists of any third parties who have previously been provided your information in accordance with this Privacy Policy.

CMXCinemas.com is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our website and in doing so adhere to many of the available standards and guidelines.

This website endeavours to conform to level Double-A of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.1. These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines will help make the web more user friendly for all people.

This site has been built using code compliant with W3C standards for HTML and CSS. The site displays correctly in current browsers and using standards compliant HTML/CSS code means any future browsers will also display it correctly.

Exceptions:

While cmxcinemas.com strives to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website.

We are continually seeking out solutions that will bring all areas of the site up to the same level of overall web accessibility. In the meantime should you experience any difficulty in accessing the cmxcinemas.com website, please don’t hesitate to contact us. Contact Information

User Form, Phone number and marketing@cmxcinemas.com

Effective Date: July 1, 2022

The following Terms and Conditions apply to CMX Rewards Loyalty Program (hereinafter “CMX Rewards”). This program is operated by Cinemex Holdings USA Inc., a subsidiary of Wine & Roses, S.A. de C.V. Please read these terms carefully. Your participation or use of any related benefits in the program at any time will subject the user to the provisions of these terms and conditions. CMX Cinemas (hereinafter “CMX”) reserves the right to change (add to, delete, or amend) these terms at any time without notice, even though changes may affect benefits and rewards earned before such changes. Membership to CMX Rewards is valid at participating CMX theatres at all U.S. locations. Benefits, points, or any rewards are not redeemable for cash under any circumstances. Rewards may not be used to purchase CMX gift cards. Abuse of CMX Rewards may result in the cancellation of the member’s account.

CMX Rewards accounts are limited to persons residing in the United States who are 18 years of age or older. Members under the age of majority in their jurisdiction must obtain permission from a parent or legal guardian in order to enroll. Accounts are individual; one account per person. Benefits, rewards, and accounts cannot be transferred. Organizations, business entities, or any other groups are not allowed to register. By enrolling in CMX Rewards, members agree to receive advertising, marketing materials, and other CMX Rewards communications unless expressly disabling such features under each member’s profile preferences. Members will be asked to provide an email address, name, date of birth, zip code, and phone number to receive benefits and rewards notifications, this information will be collected and stored according to CMX Digital Privacy Policy and CMX Use Terms. CMX Rewards reserves the right, in its sole discretion, to verify information collected from participants when they open a CMX Rewards account and, at any time, suspend or terminate such account and the ability to participate in the program for any reason and without notice to such participant, including, without limitation, if CMX determines or suspects a participant’s fraudulent activity or non-compliance with any provision of these Terms or Site Terms. Suspension or termination of an account may result in the loss of such accounts' Points, Rewards, or Benefits. CMX is not responsible for any inaccurate information supplied by each participant. To become a member of CMX Rewards, customers must simply visit our CMX Rewards web page or download our mobile application for a free sign-up and follow the steps described therein. There are three types of membership tiers at participants’ elections. The different memberships are described as follows (see Exhibit 1 – Membership Matrix):

Gold membership: Gold membership is complimentary and participants become automatically enrolled members by signing up through the CMX website (www.cmxcinemas.com) or CMX mobile application. Members receive a complimentary birthday ticket (redeemable up to 60 days after the guest’s birthday), a complimentary anniversary ticket (redeemable up to 60 days after the guest’s anniversary), and are eligible for special discounts (e.g., $7 tickets on Wednesdays but not limited to). Members earn 5 points per dollar spent on food and beverage. Members receive 1 free ticket for every 10 tickets purchased. Members receive other basic benefits and access to other member-only offers periodically throughout the term of membership. Members have the option to consent to email delivery notifications from CMX.

Platinum membership: Once a Gold member, guests receive automatic upgrades to Platinum membership, the second membership tier, after 10 visits in a calendar year (visits are calculated at an increment of one visit per day by the purchase of a food or beverage item, excluding alcohol). Platinum members receive an upgraded benefits package which includes: a complimentary birthday ticket (redeemable up to 60 days after the guest’s birthday), a complimentary anniversary ticket (redeemable up to 60 days after the guest’s anniversary), and various other ticket discounts (2 $7 tickets on Wednesday); Members receive other basic benefits and access to other member-only offers periodically throughout the term of membership, including access to special CMX Rewards member-only screenings. Platinum members earn 10 points for every dollar spent. A Platinum guest receives 1 free ticket for every 7 tickets purchased. Platinum members need to maintain 10 visits during the calendar year (tracked by making a food or beverage purchase, excluding alcohol) in order to maintain status. Members have the option to consent to email delivery notifications from CMX.

Diamond Membership: Guests will be upgraded automatically to Diamond membership, the highest loyalty tier, after 17 visits (visits are calculated at an increment of one visit per day by making a food and beverage purchase excluding alcohol). Diamond members receive an upgraded benefits package which includes: a complimentary birthday ticket (redeemable up to 60 days after the guest’s birthday), a complimentary anniversary ticket (redeemable up to 60 days after the guest’s anniversary), and various ticket discounts (3 $7 tickets on Wednesday). Diamond members receive a $20 food and beverage voucher for their birthday (redeemable up to 60 days after the guest’s birthday). Members receive other basic benefits and access to other member-only offers periodically throughout the term of membership, including access to special CMX Rewards member-only screenings. Diamond members earn 15 points for every dollar spent. A Diamond guest receives 1 free ticket for every 5 tickets purchased. Diamond members need to maintain a minimum of 17 visits during the year to maintain status. Members have the option to consent to email delivery notifications from CMX.

Members receive points for every purchase at participating CMX theatres except on gift cards and alcoholic beverages. To earn points, members must provide their account number in hard copy print or in the mobile application at the point of sale or when logging into their accounts on the CMX website or mobile application. Guests can provide their phone number or email associated with their account in theatre and a team member can look up their account. Points are automatically tracked when a valid ID member is accepted. After a purchase is made, points will reflect in a person’s account in 24 hours. Points may only be earned on one account. Points will not be earned on sales of any of the following: alcohol, tax, gift cards, gratuities, purchases made with points, tickets or concessions purchased for a group or organization or from 3rd party services such as Fandango, Atom, or Groupon. Participants will not earn points unless showing or entering their member account number during box office or concession transactions made at the point of sale or online. The maximum earn per day is $250 USD per account. CMX reserves the right to change, modify or update the foregoing terms and conditions at any time.s

To redeem points members must present their CMX Rewards account number, digital membership card, phone number, or email address associated with an account for every purchase at the point of sale or when logging into our mobile application or website. Members may use their points to purchase any item except for alcoholic beverages or gift cards. For box office or concessions, members may pay with points, credit, debit, or gift card, and cash, or a combination thereof. Accumulated points do not constitute property of a CMX Rewards member and are not descendible, and may not be inherited, bartered, purchased, transferred, or sold to any third party. Each member’s points balance will appear on each ticket purchased or in a member’s profile when logged into our Application or Website. The balance will represent points available for ticket vouchers and food and beverage vouchers.

Benefits are only for active members of CMX Rewards.

6.1 Birthday Ticket

Members must provide their date of birth when signing up for CMX Rewards, the date will be automatically loaded to each account. We give members one complimentary birthday ticket which is available from the member’s birthday and up to 60 days after. Birthday tickets will be automatically placed in the member’s account. Members may redeem it online through the CMX Application or Website as well as at the box office. This benefit will be renewed every year.

As a fraud prevention measure, birthday tickets are not issued if the birthdate is the same as the member sign up date.

6.2 Anniversary Ticket

Members must provide the date of the anniversary when signing up for CMX Rewards; the date will be automatically loaded to each account. An anniversary is any special day a guest wishes to celebrate. We give members one complimentary anniversary ticket which is available from the member’s anniversary and up to 60 days after. Anniversary tickets will be automatically placed in the member’s account. Members may redeem it online through the CMX Application or Website as well as at the box office. This benefit will be renewed every year.

6.3 Loyalty Wednesday ticket price

Depending on the type of membership, each member of CMX Rewards has a discount for Wednesday ticket purchases at CMX theatres. Members must purchase their Wednesday discount tickets online or through the mobile app. These are not available at the box office.

6.4 Bonus Points

Members earn bonus points for making ticket purchases online. For each Monday – Thursday ticket, members earn 100 points per ticket. For each Friday – Sunday ticket, members earn 50 points per ticket.

Disclaimer of Warranties/Limitation of Liability

CMX Rewards members expressly agree that use of, and participation in, the CMX Rewards is at the CMX Rewards member's sole risk. CMX Rewards members further agree that CMX and its subsidiaries and affiliated companies (including direct and indirect subsidiaries, sister and parent companies, and their predecessors and successor in interest), and their respective officers, directors, managers, employees, agents, suppliers, vendors, content providers, licensors, licensees, and other representatives (each a "CMX Party" and, collectively, the "CMX Parties") shall not be liable to CMX Rewards 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, inability to enroll, or access or use or participation in the CMX Rewards Program or arising out of any action taken in response to or as a result of any information available through CMX Rewards. Each CMX Rewards member hereby waives any and all claims against CMX and its subsidiaries, divisions, agents, affiliates, representatives or licensors arising out of, or in connection with, his/her participation in CMX Rewards.

Further, members agree that CMX is not responsible, and will have no liability to members, for: any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these Terms or in any CMX Rewards-related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME MEMBERS.

The CMX Rewards, and all services and Rewards offered therein are provided on a strictly "as is," "as available," and "with all faults" basis. THE CMX PARTIES MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES OR REWARDS OBTAINED BY CMX REWARDS MEMBERS THROUGH THE CMX REWARDS OR THROUGH ANY ADVERTISERS, SPONSORS OR PARTNERS. THE CMX PARTIES MAKE NO WARRANTY THAT THE CMX REWARDS WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES CMX MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CMX REWARDS. EACH CMX REWARDS MEMBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE CMX PARTIES ARISING OUT OF OR IN ANY WAY RELATING TO HIS/HER USE OF OR ENROLLMENT IN THE CMX REWARDS, OR USE OF THE CMX WEBSITE, THE INFORMATION AVAILABLE THEREON, AND THE MODIFICATION OF THESE TERMS. MEMBERS AGREE NOT TO SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF CMX. MEMBERS SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE CMX REWARDS IS TO CEASE THEIR PARTICIPATION IN THE PROGRAM, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF CMX FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) WILL BE FIVE DOLLARS ($5.00).

CMX 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. CMX shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by advertisers, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by a CMX Member from or through the CMX shall create any warranty not expressly made herein. CMX 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. No advice or information, whether oral or written, obtained by a CMX Member from or through CMX shall create any warranty not expressly made herein.

CMX WILL BE EXCUSED FROM PERFORMANCE UNDER THESE TERMS TO THE EXTENT CMX IS PREVENTED FROM OR DELAYED FROM PERFORMING, IN WHOLE OR IN PART, AS A RESULT OF AN EVENT OR SERIES OF EVENTS CAUSED BY OR RESULTING FROM (1) WEATHER CONDITIONS OR OTHER ELEMENTS OF NATURE OR ACTS OF GOD, (2) ACTS OF WAR, TERRORISM, INSURRECTION, RIOTS, CIVIL DISORDERS, OR REBELLION, (3) QUARANTINES OR EMBARGOES, (4) LABOR STRIKES, OR (5) OTHER CAUSES BEYOND THE REASONABLE CONTROL OF CMX.

MEMBERS AGREE THAT IN THE EVENT MEMBERS INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CMX ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO MEMBERS ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE MEMBERS TO AN INJUNCTION PREVENTING THE CONTINUED OPERATION OF THE THEATRES, OR ANY WEBSITES, MOBILE APPS, PROPERTY, PRODUCT, OR SERVICE OWNED, OPERATED, OR CONTROLLED BY ANY OF THE CMX PARTIES, AND MEMBERS WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, MOBILE APP, PROPERTY, PRODUCT, OR SERVICE OWNED, OPERATED, OR CONTROLLED BY ANY OF THE CMX PARTIES.

BY PARTICIPATING IN CMX REWARDS , MEMBERS UNDERSTAND THAT MEMBERS MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, MEMBERS ACKNOWLEDGE THAT MEMBERS HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO 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."

These Terms and participation in the CMX Rewards shall be governed by the law of the State of New York, excluding its conflicts of laws principles. The arbitration proceedings shall be governed by federal arbitration laws and rules. Any cause of action or claim members may have with respect to the CMX Rewards or these Terms must be commenced within one (1) year after such claim or cause of action arises.

Except for disputes relating to the infringement of members’ or CMX’s intellectual property (such as trademarks, trade dress, copyright and patents) or where members or CMX are seeking a preliminary injunction ("Excluded Disputes"), members and CMX agree that all claims or disputes ("Claims") arising out of or in relation to these Terms, or the interpretation, making, performance, breach or termination thereof, or CMX Rewards, including any billing disputes, shall be finally settled by final and binding arbitration. Arbitration proceedings shall take place in, New York, in the English language, 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. Each CMX Rewards member and CMX agrees 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. CLASS ACTION WAIVER: Each CMX Rewards member and CMX agrees that all Claims will be arbitrated on an individual basis and that there will be no class or representative actions in arbitration. CMX Rewards Members and CMX 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 CMX Rewards member and CMX agrees 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 CMX Reward member and CMX WAIVE ANY RIGHT TO A JURY TRIAL.

Members agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in New York City, New York, and members hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If the arbitration agreement is found to be unenforceable by any court or arbitrator, then each CMX Rewards Member and CMX agree that any proceedings in court will be conducted on an individual basis and that there will be no class or representative actions.

The CMX Rewards is void where prohibited by law. Members agree not to participate in the CMX Rewards if it is illegal to do so in such member’s jurisdiction. In our sole discretion, we may assign these Terms in whole or in part, without notice to members. Members may not assign these Terms without our prior written consent. 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 CMX in writing. Any heading, caption or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing contained in these Terms will be construed as creating any agency, partnership, or other form of joint enterprise between members and CMX. Members agree that these Terms will not be construed against CMX by virtue of CMX having drafted these Terms.

CMX Rewards members agree to defend, indemnify and hold the CMX Parties harmless from any and all losses, damages, judgments, liabilities, claims, demands, costs, investigations, settlements and expenses, including reasonable attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) members’ participation in the CMX Rewards or activities in connection therewith; (b) members’ breach or anticipatory breach of these Terms; (c) members’ violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) any misrepresentation made by members; or (e) the CMX Parties’ use of members information as permitted under these Terms, or any other written agreement between members and CMX. Members will cooperate as fully required by the CMX Parties in the defense of any claim. The CMX Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by members, and members will not in any event settle any claim without the prior written consent of a duly authorized employee of the CMX Parties. This Section will survive the termination of this Agreement.

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