AUTOMATIC CARD PAYMENT AUTHORIZATION (“AUTHORIZATION”)
I authorize Stripe/MoonClerk to charge my Visa, MasterCard, American Express, or Discover Card (the “Card”) for the down payment, which is equal to up to 1/2 of the purchase price of the item(s) I am electing to purchase, and five subsequent installments, each representing up to 1/2 of the purchase price. In the event a charge is not successful, I authorize Stripe/MoonClerk to reinitiate the charge. I understand that the charge may not immediately post to my Card account. In the event that Stripe/MoonClerk makes an error in processing a charge, I authorize Stripe/MoonClerk to initiate a credit or debit to the Card to correct the error. Each charge to the Card will be processed in U.S. Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate. Stripe/MoonClerk will accept one Card per Authorization with the Card having a valid expiration date for the duration of the Authorization process. I understand that if a charge is denied, I am responsible for making the payment in full within 14 days of the rejected charge. If a payment is not made in full within 14 days after the initial charge, your order WILL BE CANCELLED, and you will NOT be refunded any of the previous installments.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and we each may elect to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
If you or we elect to resolve a dispute by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION, THAT DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the federal judicial district where you reside, or in another location on which we agree. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom you purchase passes and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
We will NOT be responsible for paying any arbitration fees including the lower amount of filing fees you would have incurred in a state or federal court in the jurisdiction of your residence. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, you and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (30) days after the date of this Agreement. You must send your request to firstname.lastname@example.org using subject "Arbitration". The request must include your full name, address, confirmation number, and the statement “I reject the Arbitration Agreement contained in my Payment Plan.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive disclosures from us electronically through this web site under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your purchase and/or any payment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the purchase and any payment plan but also to any ancillary agreement related to these and to any future purchases or payment plans you may obtain through us.
To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software. Prior to your purchase, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase from us. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to us at email@example.com or call 626-642-8351. Include your name, address, and confirmation number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please call 626-642-8351.
You agree to purchase using the payment plan and you agree to the Arbitration Agreement, the Authorization and the Consent to Electronic Contracting and Communications. If you do not wish to purchase using the Payment Plan, or you do not agree to the Arbitration Agreement, the Authorization or the Consent to Electronic Contracting and Communications do not continue. As used in the Arbitration Agreement, the Authorization and the Consent to Electronic Contracting and Communications, “we,” “our,” and “us” mean Stripe/MoonClerk and its successors, assigns and agents. CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive disclosures from us electronically through this web site under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your purchase and/or any payment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the purchase and any payment plan but also to any ancillary agreement related to these and to any future purchase or payment plans you may obtain through us.