Universal City Studios LLC d/b/a Universal Parks & Resorts, its subsidiaries and affiliated companies, NBCUniversal Media, LLC, its subsidiaries and affiliated companies, and Comcast Corporation and its subsidiaries and affiliates (collectively, “Universal Parks & Resorts” or “We”, “Our” or “Us”) maintain HousingForTomorrow.com and related websites (collectively, the “services”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION AND YOUR RIGHT TO OPT OUT, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL BY USING THE SITE OR ANY SERVICES YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE OR THE SERVICES. LAST UPDATED OCTOBER 1, 2020.
Acceptance Of Terms Of Service
Universal Parks & Resorts may modify these Terms Of Service prospectively from time to time in its sole discretion. Your continued use or accessing of the services following the posting of any changes to the Terms Of Service constitutes your acceptance of such changes. You agree to be notified of changes to the Terms Of Service via posting of updates on our services.
The services contain material that is derived in whole or in part from material supplied and owned by Universal Parks & Resorts as well as third parties (“Content”). As between Universal Parks & Resorts and You, Universal Parks & Resorts owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the services and Content. You acknowledge Universal Parks & Resorts’s valid intellectual and proprietary property rights in the services and Content and that your use of the services is limited to the access, viewing and downloading of Content, all solely as authorized by Universal Parks & Resorts. Nothing in these Terms Of Service shall be deemed to convey to you any right, title or interest in or to the services or Content or to any portion thereof except for the limited rights expressly granted herein.
You are also prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.
Access To The Site And Availability Of Services
Universal Parks & Resorts may change, suspend or discontinue any aspect of the Site or services at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability.
Your Conduct And Acceptable Use
The following rules are a condition of your use of and access to the services. You are responsible for the content of your communications via the services.
No Interference. You may not interfere with any other user from using or enjoying the services.
No Bullying. You may not use the services to threaten, abuse, harass, or invade the privacy of any third party.
Content Posted by You Must be Yours. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
Your Materials Must be Lawful and Appropriate. You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.
Don’t Damage Our Site, Services or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, any other services, or to obtain unauthorized access to the services or Content or any data or other information of any third party.
No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to the services or use the services, Content or any information contained therein for any unlawful purpose. Universal Parks & Resorts, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of the services violates this provision.
No Criminal or Unlawful Conduct. You may not use the services, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section.
Follow These Terms Of Service and Conduct Rules. You may not take any action on the services that violates any applicable law or these Terms Of Service.
User Content; Grant Of Limited License
If you submit or upload any content to the Services (“User Content”), you hereby acknowledge and agree that you are granting Universal Parks & Resorts (including without limitation, its licensees, affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Universal Parks & Resorts the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that Universal Parks & Resorts, its licensees, affiliates, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Universal Parks & Resorts under these Terms Of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that Universal Parks & Resorts, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in these Terms Of Service obligates or may be deemed to obligate Universal Parks & Resorts or any other person or entity to exercise any of the rights granted by you under these Terms Of Service. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms Of Service. You agree that Universal Parks & Resorts, its licensees, successors and/or assigns, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.
No Rights Created by Submission and No Payment for User Content: Your User Content will not be acknowledged or returned. You acknowledge and agree that your User Content is being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between Universal Parks & Resorts, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Content. You also agree that Universal Parks & Resorts does not intend and will not pay you for any User Content. You understand that no industry custom or practice changes your agreement that you will not be paid for any User Content.
Use of Name and Likeness: By posting User Content on the services, you consent to the recording, use and reuse by Universal Parks & Resorts, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your User Content (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by Universal Parks & Resorts, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Universal Parks & Resorts, or related Sites or services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.
Ownership: Except as expressly set forth in these Terms Of Service, you shall continue to own all rights in and to the User Content. To the extent your User Content contains other materials or elements owned by Universal Parks & Resorts or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the User Content will continue to be governed by and may be limited by other applicable laws, the rights of third parties and Universal Parks & Resorts.
Idea Submissions Prohibited: Universal Parks & Resorts does not accept unsolicited submissions for motion pictures, television programs, websites, articles, streaming video, e-books, or other products or services. Therefore, please do not make any such unsolicited submissions to Universal Parks & Resorts through the services, including posts on any Site or any third party social network or website, or by email, text message or any other means. However, if you decide to make any such unsolicited submission, you hereby grant to Universal Parks & Resorts the right and license to the submission as if it were User Content as specifically set forth above. In addition, Universal Parks & Resorts retains all of the rights held by members of the general public with regard to your unsolicited ideas and materials. Universal Parks & Resorts’s receipt of your unsolicited ideas and materials is not an admission by NBCUniversal of their novelty, priority, or originality, and it does not impair Universal Parks & Resorts’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials.
Liability for User Content: User Content does not reflect the views of Universal Parks & Resorts. Notwithstanding anything else in these Terms Of Service, Universal Parks & Resorts should not be seen as endorsing any User Content in any way. User Content posted through the services are provided by users like you, and the user providing User Content is solely responsible for his/her own User Content. This means that you, and not Universal Parks & Resorts, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, email or otherwise transmit via the services. None of Universal Parks & Resorts or its affiliates, or its or their officers, directors, and employees, subsidiaries and/or affiliates are responsible for User Content, accuracy or opinions expressed on the services, nor shall they have any liability for any such User Content. Universal Parks & Resorts does not investigate, monitor or check for accuracy or completeness of User Content. You understand that by using the Site or services, you may be exposed to User Content that is offensive, indecent, or objectionable.
Disclaimer Of Warranties
While Universal Parks & Resorts uses reasonable efforts to include up to date information on the Site and services, Universal Parks & Resorts makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.
UNIVERSAL PARKS & RESORTS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNIVERSAL PARKS & RESORTS, ITS PARENT, ITS SUBSIDIARIES, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “UNIVERSAL PARKS & RESORTS PARTIES”) DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, UNIVERSAL PARKS & RESORTS DOES NOT WARRANT THAT THE SERVICES, OR YOUR ACCESS TO OR USE OF THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. UNIVERSAL PARKS & RESORTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNIVERSAL PARKS & RESORTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNIVERSAL PARKS & RESORTS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND UNIVERSAL PARKS & RESORTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation Of Liability; Applicability Of Disclaimers, Exclusions And Limits
IN NO EVENT WILL THE UNIVERSAL PARKS & RESORTS PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICES OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO UNIVERSAL PARKS & RESORTS IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, UNIVERSAL PARKS & RESORTS PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
Universal Parks & Resorts Is Not Responsible For Third-Party Websites And Content
For your convenience, the services may provide links to websites of other persons or entities (“Third-Party Websites”). HOWEVER, THE THIRD-PARTY WEBSITES ARE NOT CONTROLLED BY UNIVERSAL PARKS & RESORTS. ACCORDINGLY, UNIVERSAL PARKS & RESORTS MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEBSITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY WEBSITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY WEBSITES. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY WEBSITE DOES NOT IMPLY AN ENDORSEMENT BY UNIVERSAL PARKS & RESORTS. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY WEBSITES THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES
You agree to defend, indemnify and hold harmless Universal Parks & Resorts, its parent, subsidiaries, and affiliates and their respective directors, officers, employees and agents from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Universal Parks & Resorts’s servers, and/or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; (c) any misrepresentation made by you in connection with your use of the services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the services
Reservation Of Rights
Universal Parks & Resorts reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Site or services and/or any software, facilities and services on the Site or services, with or without notice, and/or to establish general guidelines and limitations on their use.
Universal Parks & Resorts may, in its sole discretion, terminate your use of the services, or remove and discard any User Content or information stored, sent, or received via the services without prior notice and for any reason or no reason, including, but not limited to: (i) any unauthorized access or use of the services, (ii) any violation of these Terms Of Service, or (iii) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the services. Termination, suspension, or cancellation of these Terms Of Service or your access rights to the services shall not affect any right or relief to which Universal Parks & Resorts may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Universal Parks & Resorts and its licensors and all rights granted by you to Universal Parks & Resorts shall survive in perpetuity.
Universal Parks & Resorts respects the intellectual property of others, and we ask our users to do the same. The Site and services and materials incorporated by Universal Parks & Resorts on the Site and services (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by Universal Parks & Resorts on the Site and services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Universal Parks & Resorts or others (“Trademarks”).
Universal Parks & Resorts, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.
Universal Parks & Resorts accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:
Service Provider: Universal City Development Partners, Ltd. d/b/a Universal Parks & Resorts Resort, Legal Department, 1000 Universal Studios Plaza, Orlando, FL 32819
Designated DMCA Agent: DMCA Agent, NBCUniversal Law Department, 30 Rockefeller Plaza, Rm. 1087E, New York, NY 10112, Phone: 212-664-4444By email: firstname.lastname@example.org
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
Your name, address, telephone number, and email address;
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third-party, please submit a list of such materials;
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Universal Parks & Resorts to locate the material;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Universal Parks & Resorts reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or emails you make or send to any forum. Universal Parks & Resorts may seek to gather information from the user who is suspected of violating these Terms, and from any other user. Universal Parks & Resorts may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Universal Parks & Resorts believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Universal Parks & Resorts will fully cooperate with any law enforcement authorities or court order requesting or directing Universal Parks & Resorts to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS UNIVERSAL PARKS & RESORTS AND ITS PARENT, AFFILIATES AND LICENSORS, AND ALL THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND REPRESENTATIVES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF UNIVERSAL PARKS & RESORTS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF UNIVERSAL PARKS & RESORTS OR LAW ENFORCEMENT AUTHORITIES.
Universal Parks & Resorts makes no representation that content on the Site or services are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the services from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
Binding Arbitration Of All Disputes; No Class Relief
I agree to arbitrate and waive any right to a jury trial, to seek class treatment of any claims, or to participate as a class member in a class action filed by anyone else.
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Universal Parks & Resorts agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms Of Service, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Site or other services, (ii) any purchases of tickets and/or passes and/or hotel accommodations and/or vacation packages or other transactions or relationships with Universal Parks & Resorts, or (iii) any data or information you may provide to Universal Parks & Resorts or that Universal Parks & Resorts may gather in connection with such use, interaction or transaction (collectively, “Universal Parks & Resorts Transactions or Relationships”), you will not have the right to pursue a claim or relief in court, or have a jury decide the claim or relief and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Site or other online service, or engaging in any other Universal Parks & Resorts Transactions or Relationships with us, you agree to binding arbitration as provided below.
(a) No Class Or Representative Actions. The Arbitration can resolve only your and/or Universal Parks & Resorts’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or unless both you and Universal Parks & Resorts agree otherwise in writing, to consolidate or join the claims of other persons or parties who may be similarly situated;
(b) Non-Individualized relief. The Arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users or the general public. If a Court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then subject to your and Universal Parks & Resorts’s right to appeal the court’s decision, that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims will be arbitrated;
(c) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Universal Parks & Resorts (the “Arbitrator”);
(d) Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms Of Service and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms Of Service is void or voidable;
(e) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Universal Parks & Resorts; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
(f) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
(g) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
(h) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Universal Parks & Resorts will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
(I) Reasonable Attorney’s Fees. In the event you recover an Award greater than Universal Parks & Resorts’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Universal Parks & Resorts’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration. If Universal Parks & Resorts is the prevailing party or if you recover an Award less than Universal Parks & Resorts’s last written settlement offer, the Arbitrator shall also have the right to include in the Award your reimbursement of Universal Parks & Resorts’s reasonable attorneys’ fees associated with the Arbitration.
(j) Interpretation and Enforcement of Arbitration Clause. With the exception of any of the provisions of subsection (a) of this arbitration agreement (“No Class or Representative Actions”), if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply. If an arbitrator or court decides subsection (a) of this agreement to arbitrate is invalid or unenforceable, then if Universal Parks & Resorts so elects, the entirety of this agreement to arbitrate shall be null and void. If a court decides that applicable law precludes enforcement of any of the provisions of subsection (b) (“Non-Individualized relief”) as to a particular claim for relief, then subject to your and Universal Parks & Resorts’s right to appeal that decision, that claim (and only that claim) must be severed from the arbitration and litigated in court. All other claims and disputes subject to arbitration under this agreement to arbitrate, including any and all claims for monetary damages of any kind, shall be arbitrated.
(k) Opt-Out Procedure. You can choose to reject this Agreement to Arbitrate (“opt out”) by mailing us a written opt-out notice (“Opt Out Notice”). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Terms Of Service for the first time. You must mail the Opt-Out Notice to Universal City Development Partners, Ltd. d/b/a Universal Parks & Resorts Resort, Attn: Legal Department (Opt-Out Notice), 1000 Universal Studios Plaza, Orlando, FL 32819.
You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to your Universal Parks & Resorts account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of arbitration. If you opt out of arbitration, all other parts of the Terms Of Service will continue to apply. Opting Out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
(l) Modification of Arbitration Clause With Notice. Universal Parks & Resorts may modify these arbitration provisions. You agree to be bound by the arbitration provisions and terms in effect at the time you acknowledged receipt and acceptance of these Terms of Service when purchasing or otherwise using our services; except that any later modifications to these arbitration provisions shall also become effective thirty (30) days after Universal Parks & Resorts has given notice of such modifications by posting the new terms via our site or services, and only on a prospective basis for claims arising from Universal Parks & Resorts Transactions and Relationships occurring after the effective date of such notification.
(m) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Universal Parks & Resorts in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
(a) Applicable law. These Terms Of Service, any Additional Terms and the relationship between you and Universal Parks & Resorts shall be governed by the laws of the U.S. and the State of Florida without regard to its conflicts of law provisions.
(b) Venue. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms Of Service will be brought exclusively in the federal or state courts located in Orlando, Florida, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
(c) No Waiver. No failure or delay by Universal Parks & Resorts in exercising any right, power or privilege under these Terms Of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms Of Service.
(d) Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms Of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
(f) Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms Of Service are for convenience only and have no legal or contractual effect.
(g) This is the Entire Agreement. These Terms Of Service represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.
(h) Assignment. These Terms Of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Universal Parks & Resorts’s prior written consent.
(i) Connectivity. You are responsible for obtaining and maintaining all devices and other equipment and software, and all other services needed for your access to and use of the online service and you will be responsible for all charges related to them.
Last updated 10/1/2020