Effective September 27, 2022
The Site is intended for use by persons over the age of 18 who are legal residents of the United States. BY CLICKING ANY BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE SITE YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.
The Site is not directed at children under the age of thirteen years old. Mission Lane does not knowingly collect personal information from children under thirteen years old from the Site.
The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
You may not use or export or re-export any portion of the Site in violation of any applicable laws or regulations, including United States export laws and regulations. Mission Lane makes no representation that the documents, pages, images or other materials or content on the Site are appropriate or available for use in jurisdictions outside the United States.
Certain areas of the Site are accessible only to registered accountholders. To access the accountholder-only areas of the Site, you will need the username and password you have created.You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of failing to maintain the strict confidentiality of your username and password, and (4) promptly informing Mission Lane in writing of any need to deactivate a username or password because they are no longer useful or necessary. Mission Lane is not liable for any harm arising from or related to the theft or unauthorized disclosure of usernames or passwords or any decision by you to allow another person or entity to access and use the Site using your username or password. You must immediately notify Mission Lane of any actual or suspected unauthorized use of your username or password or of any compromise or other breach of confidentiality relating to username or password. Until Mission Lane receives this notification from you, you will be held liable for any harm ensuing from the use of your username or password on the Site. Your ability to access accountholder-only areas of the Site associated with any given username or password may be suspended or terminated for any reason at any time.
You agree that we (including any companies working on our behalf) may contact you, including calls, text message(s), or email, at any phone number, email address, text number or mailing address you provide to us, from which you contacted us, or we receive and believe we can reach you at, to the extent permitted by applicable law, including for purposes of collections. When you give us your phone number, you agree that we (including any companies working on our behalf) have your explicit permission and consent authorizing us to contact you at that number, subject to your privacy preferences. Your consent allows us to use text messaging, automatic phone dialing systems, artificial or prerecorded voice message systems, and automated texting and email technology, even if you are charged message and data rates for the calls and texts. Automated messages may be played when the telephone is answered, whether by you or someone else. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and/or contact information for you. You do not need to consent to be contacted by telephone, email, or postal mail for marketing purposes to be considered for prequalification or receipt of a Mission Lane credit card or other products and services offered through the Site. Note: The express consent in this provision includes and extends to any affiliates, agents, contractors, representatives, servicers, service providers, or assignee.
The Site, all content, any materials downloaded, and all intellectual property pertaining to or contained on the Site are owned by Mission Lane or third parties; all right, title and interest therein shall remain the property of Mission Lane and/or such third party owner, as applicable. All content is protected by trade dress, copyright, patent and trademark laws, as well as various other intellectual property and unfair competition laws.You are permitted to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on the Site for your own personal, non-commercial use . You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the internet, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use without the express written consent of Mission Lane. Additionally, you agree that you (i) will not remove or alter any author, trademark or other proprietary notice or legend displayed on this Site (or printed pages produced from the Site), and (ii) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business through the Site.
The information and materials contained in the Site, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of the Site and systems, including unauthorized entry into Mission Lane’s systems, misuse of passwords, or misuse of any information posted on the Site, is strictly prohibited. Not all Mission Lane-branded or -branded products or and services may be available in all geographic areas.
THE INFORMATION AND THESE MATERIALS CONTAINED IN THE SITE, INCLUDINGTEXT, GRAPHICS, LINKS, PAYMENT SERVICES, OR OTHER ITEMS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MISSION LANE DOES NOT WARRANT THE ACCURACY, ADEQUACY, RELIABILITY, OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS OF THE SITE, THE MOBILE APPLICATION OR THIRD PARTY SITES THAT MAY BE LINKED. WITH RESPECT TO THE SITE OR ANY THIRD PARTY SITE LINKED, THERE ARE NO WARRANTIES OR LIABILITY WITH RESPECT TO OPERABILITY OR THAT YOUR NEEDS WILL BE MET OR THAT INFORMATION (INCLUDING BALANCE AND PAYMENT INFORMATION) OR FUNCTIONALITY WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE, FREE FROM ERRORS OR DEFECTS, OR UNINTERRUPTED, OR THAT RELATED SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FOREGOING IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU.
IN NO EVENT WILL MISSION LANE OR ANY OF ITS EMPLOYEES, EXECUTIVES, CONTRACTORS, AGENTS, PARENT COMPANIES, AFFILIATES, OR BUSINESS PARTNERS (“MISSION LANE PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, EXEMPLARY, LIQUIDATED, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF A MISSION LANE PARTY, IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Mission Lane shall be free to use, for any purpose, any idea, concept, know-how or technique contained in information a visitor to this Site provides Mission Lane through this Site. Mission Lane shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed in writing by Mission Lane or as otherwise specifically required by law.
THIS ARBITRATION AGREEMENT DOES NOT APPLY IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH A MEMBER COVERED UNDER THE MILITARY LENDING ACT.
For purposes of this Arbitration Agreement and Class Action and Jury Trial Waiver (“ArbitrationAgreement”), the terms “we,” “us” and “our” means Mission Lane, Mission Lane Parties, or person or entity named as a co-Defendant in a Claim made by you related to these Terms.
This arbitration clause will govern all interactions with a Mission Lane Party (including any and all data exchanges and/or collections and the retention and use of such data) unless and until interactions and/or data becomes subject to a product- or service-specific agreement with a Mission Lane Party that includes an arbitration clause applicable to the same, at which point this arbitration clause will be superseded, but only to the extent of any redundant coverage.
Either you or we may agree to resolve our differences by binding Arbitration.
a. Agreement to Arbitrate Disputes: Maintaining healthy relationships is very important to us. If you have a problem with our Site, please let us know as soon as you can. Giving us a call helps to resolve the matter quickly. Regardless, except as stated below, any unresolved Claim will be resolved through final and binding arbitration as set forth in this section, subject to the opt out pursuant to section l. below. Either you, we, or any beneficiary of this Arbitration Agreement also may elect to arbitrate any Claim pursuant to this Arbitration Agreement.
c. Notice of a Claim: Before starting a lawsuit or arbitration, the party electing to commence a proceeding must give the other party written notice of the Claim. The notice must include: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration; (2) reasonable detail of the Claim, including supporting facts; (3) the remedy sought and a good-faith calculation of the amount in controversy, expressed in United States Dollars; and (4) the original signature of the party making a Claim. You must send the notice in writing to Mission Lane LLC, P.O. Box 105286, Atlanta, GA 30348, Attn: Legal - Arbitration Election. If we intend to make a Claim, we’ll notify you in writing at the most recent address we have for you in our files. The complaining party must give the other party a reasonable opportunity over the 30 days after notice is sent to resolve the Claim.
d. Commencing Arbitration: If the parties do not reach agreement to resolve the Claim within 30 days after notice is sent, the complaining party may initiate arbitration by submitting a demand for arbitration to the Arbitration Administrator at the address listed in Section e. below, subject to the terms of this Arbitration Agreement and the arbitration company’s rules. If one party files or threatens a lawsuit, or files a counterclaim or motion to convert an individual action to a class action in an existing lawsuit, the other party may demand arbitration, including in a motion to compel arbitration. If the motion to compel arbitration is granted, the party prosecuting the Claim will be responsible to commence arbitration pursuant to the terms of this Arbitration Agreement and the arbitration administrator’s rules. If either party fails to submit to binding arbitration following a lawful demand, the party who fails to submit will bear all costs and expenses incurred by the party compelling arbitration.
e. Governing Law and Arbitration Administrator: This Arbitration Agreement is governed by theFederal Arbitration Act (“FAA”), and not by any state arbitration law. Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (“AAA”) (the “Arbitration Administrator”), according to the rules in this Arbitration Agreement and the procedures of the AAA. The rules of this Arbitration Agreement will govern if there is any contradiction with the AAA procedures. A single arbitrator will be appointed. Requests for a copy of the AAA procedures, demands for arbitration, and any question about the AAA must be sent to: American Arbitration Association, 1633 Broadway 10th Floor, New York, NY 10019. You may also visit them online at www.adr.org. If the AAA is unavailable, and you and we can’t agree on a replacement, then you or we may ask a court with jurisdiction to select the substitute arbitration administrator. A single arbitrator will be appointed. All arbitrators must be practicing attorneys or retired judges and experienced and knowledgeable in the substantive laws applicable to the Claim.
f. Fees and Costs: If you can’t obtain a waiver of the AAA’s or arbitrator’s filing, administrative, hearing, and/or other fees, we’ll agree upon request to cover these fees up to one thousand five hundred dollars ($1500) unless the arbitration administrator decides that its rules or law require that our share of fees and costs be more. Requests for fee reimbursements should be sent to: Mission Lane LLC, P.O. Box 105286, Atlanta, GA 30348, Attn: Legal - Arbitration Election. Each party will bear the expense of its own attorneys, experts, and witnesses, regardless of which party prevails unless the arbitrator decides, based on applicable law, the rules of the AAA, or thisAgreement, that the prevailing party has a right to recover any of those fees or costs from the other party.
g. Arbitration Hearings and Decisions: Unless otherwise agreed by you and us, arbitration hearings will take place in a location that’s reasonably convenient for you. The arbitrator will follow applicable substantive law, except if contradicted by the FAA; follow applicable statutes of limitations; honor valid privilege Claims; issue a written decision; and, upon timely request of any party, write a brief explanation of the basis of the award.
The following provisions will apply to all arbitrations between the Parties under this Agreement: (1) timely filed offers of judgment under Federal Rule of Civil Procedure 68 or any state equivalent will be honored and require the party that declined to offer to pay the costs and fees of the filing party if the decision obtained is not more favorable than the unaccepted offer; (2) the arbitrator must apply state or federal substantive law applicable to the Claim(s) and may not be permitted to award any remedy that exceeds that which a court could award for the Claim(s); (3) a finding that a Claim or counterclaim is frivolous or intended to harass will entitle the other party to recover their attorney's fees, costs and expenses; (4) the arbitrator shall not be bound by prior, separate arbitration decisions; and (5) failure or forbearance to enforce this Arbitration Agreement at any particular time or in connection with any particular Claims won’t constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Either party may seek to enjoin the arbitration proceeding in court with jurisdiction and the arbitration will be automatically stayed pending the outcome of that proceeding.
The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. Notwithstanding the above, in the event that an award involves a cost or benefit to any party for more than $100,000 or involves injunctive relief, any party may appeal the award to a three-arbitrator panel of the Arbitration Administrator, provided the appeal is filed within 30 days of the original award. The
panel may accept or reject any or all of the original award and any decision of the panel must be by majority vote. The appealing party must pay all costs unless the panel decides otherwise.
h. Jury Trial Waiver: YOU AND WE KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY AGREE AND UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY OF ANY LITIGATION ARISING OUT OF THE AGREEMENT OR ANY OTHER DISPUTE ON CONTROVERSY BETWEEN YOU AND US.
i. Public Injunctive Relief Requests: If you or we seek public injunctive relief as a remedy for any Claim (a “Public Injunctive Relief Request”) you and we agree that the Public Injunctive Relief Request cannot be arbitrated. Instead, that Public Injunctive Relief Request shall be adjudicated by a court after all other Claims to be decided in arbitration under this Arbitration Agreement are resolved in arbitration, including all causes of action pursuant to which a Public Injunctive Relief Request is made. You and we agree to jointly request that the court stay the Public Injunctive Relief Request until after the remaining Claims have been finally resolved in arbitration, and that the parties will only seek to lift the stay and request that the court resolve the Public Injunctive Relief Request if an arbitrator finds that one of them is liable for a Claim for which public injunctive relief is an available remedy. The validity, enforceability, and effect of this section shall be determined exclusively by a court, and not by any arbitration administrator or arbitrator.
k. Survival and Severability of Terms: This Arbitration Agreement shall survive: (1) termination
portion of this Arbitration Agreement (except for the Class Action Waiver set forth above) is
deemed invalid or unenforceable, the remaining provisions of the Arbitration Agreement shall
remain in force to the fullest extent permitted by law.