Cinemark
Cinemark Theatres
Cinemark Theatres is a major American and international movie theater chain.
Background
Cinemark operates hundreds of cinemas across the U.S. and globally, offering online ticket purchases, mobile apps, and digital gift cards. To use digital gift cards or mobile ticketing, users **must create an account** and agree to the Cinemark Terms of Service.
Consumer‑Rights Concerns
Liability cap
Cinemark’s ToS include a broad limitation of liability clause:
- "IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED … OR $20, WHICHEVER IS LESS."
This restricts consumer recoveries to $20 or less, regardless of the magnitude of actual damages, such as duplicate charges or failed redemptions.
Forced arbitration and opt‑out
Cinemark requires binding arbitration for any disputes:
- "Unless you opt‑out … any future disputes … will be resolved by binding arbitration … You are waiving your right … unless you send notice post‑marked no later than thirty (30) days after the date you accept these Terms of Service for the first time."
Users must send a written opt‑out letter within 30 days of first agreeing to the ToS—or forfeit their right to class-action lawsuits or judicial resolution.
Why it matters
- Cap on liability: Consumers may suffer significant losses but only recover a trivial amount.
- Arbitration requirement: Arbitration is often more costly and less transparent, and consumers may lose access to court remedies.
- Forced click‑wrap agreement: Users must accept these terms post-purchase if they want to redeem gift cards or buy tickets online.
Impact on consumers
These conditions shift risk and legal protections away from users by embedding restrictive clauses in mandatory account agreements—especially where users are unlikely to read or understand fine-print ToS.