These Terms of Service (these “Terms”) describe the rules for using the website of Mayfair Finance, Inc. (“Mayfair”), use of our products and services (including those made available by our third-party partners), and/or opening and responding to our communications or advertisements (collectively, the “Services”).
These Terms constitute a legally binding agreement between you, the person using the Services and Mayfair. If you are helping another person use the Services, these Terms constitute a legally binding agreement between both the helper and the person being helped and Mayfair. As used in these Terms, terms such as “we” and “our” refer to Mayfair and its current and future affiliated entities and any trademarks associated with this entity and, unless the context otherwise implies.
By using the Services, you agree to the most recent Terms as well as the most recent version of our Privacy Policy, located at www.getmayfair.com/privacy. We may change these Terms at any time, and such changes will be posted on this or a similar page on this website. It is your responsibility to review these Terms each time you use the Services. By continuing to use the Services, you consent to any changes to our Terms, and you further acknowledge and agree that any activity on this website is subject to monitoring by Mayfair at any time, and that Mayfair may use the results of such monitoring without limitation, subject to applicable law. We may require that you accept modified Terms in order to continue to use the Services. If you do not agree to the modified Terms, then you should discontinue your use of the Services.
Mayfair provides a demand deposit account (each, a “Deposit Account”) held with one of our Banking Services Providers. Your account is subject to these Terms and the additional terms of the Banking Services Provider where your account is held.
You will be required to maintain a minimum balance in your Deposit Account. The applicable minimum balance is established at the time you open your Deposit Account and may be modified by Mayfair from time to time, following at least 30 days prior notice of any such change. You will not earn any yield your Deposit Account if you do not maintain the applicable minimum balance, and Mayfair may elect to terminate your Services following at least 30 days prior notice and require you to withdraw all of the funds on deposit in your Deposit Account. Further information about the ability to earn yield on your Deposit Account is described in Section 9 of these Terms.
You agree to immediately notify Mayfair of any errors by Mayfair or you in the supply or use of the Services. Where practicable, Mayfair shall use commercially reasonable efforts to investigate errors, but makes no representation as to its ability to correct the error. Some payment transactions, such as wire transfers, are irreversible, so you agree to exercise extreme caution when initiating any financial transaction via the Services.
After you complete any sign-up and other onboarding processes required by Mayfair, Mayfair will provide you with a unique and private account to access the Services. You shall not disclose any access credentials to the Services or permit any third party to use them. You have exclusive responsibility for the use of your Mayfair account. You will be able to set and configure certain preferences and specifications within your Mayfair account that will apply to the Services; you assume exclusive responsibility for such selections even if they contain errors or result in losses to you. Any additional terms and conditions posted to the Mayfair website with respect to your account or specific Service preferences selected by you are incorporated herein by reference.
You agree to notify Mayfair by email at help@getmayfair.com immediately of any loss or disclosure, whether voluntary or otherwise, of any account access credentials.
You must provide, at your own expense, all necessary hardware, applications and internet connectivity necessary to access the Services. You acknowledge that the internet can be unpredictable in performance, unsecure, and may, from time to time, impede access to the Services or performance hereunder. You agree that Mayfair is not responsible for any internet outages, unsecure connections or any other interference with your use of or access to the Services or security breaches arising from any device or internet connectivity you supply, and you waive any and all claims against Mayfair and our partner Banks in connection therewith.
You acknowledge that Mayfair is not a bank or financial institution. Any banking services offered through our Services are provided through our partner Banks, financial institutions and other third-party service providers. Any funds that you deposit through the Services are deposited directly with the applicable partner Bank and held in an account at that Bank for you. Additional banking terms are set forth below, under the section titled “Third-Party Banking Services.”
You represent and warrant to Mayfair that: (a) you are at least 18 years of age; (b) you are eligible to use the Services and have the right, power and ability to enter into and perform under this Agreement; and (c) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Services. If you are the individual applying for Services for a business, you represent and warrant that you are an authorized representative of such business with the authority to bind such business to these Terms, and that you agree to these Terms on such business’ behalf.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By opening an account with Mayfair, you understand and agree that a deposit account will be opened at the applicable partner Bank, and you are also agreeing to the separate terms of service and account agreement of the applicable Bank, and if you are enrolled in an insured cash sweep program, the separate agreement with one or more of Mayfair’s or Bank’s service providers (each a “Banking Agreement”), each of which are incorporated herein by reference. The Banking Agreements for our current partners are linked below:
Stripe Payments Company / Evolve Bank & Trust
Third Coast Bank SSB
YOU SHOULD REVIEW THE BANKING AGREEMENTS CAREFULLY AS THEY CONTAIN MATERIAL LEGAL AND RISK STATEMENTS REGARDING THE PARTNER BANK ACCOUNT.
If there is inconsistency between these Terms and a Banking Agreement, the Banking Agreement shall be controlling to the extent of such inconsistency.
You understand and acknowledge that you may deposit and withdraw funds to a deposit account under the Services by methods allowed by the applicable Bank and Banking Agreement and that any funds you deposit are not held by Mayfair but are deposited directly to the applicable Bank and are held in an account at that Bank for you.
Please be advised that the maximum amount of FDIC insurance coverage for funds on deposit in your account at a partner Bank is up to the FDIC’s standard maximum deposit insurance amount, which is currently $250,000, per legal category of account ownership at the applicable partner Bank (“SMDIA”). Your balances at a partner Bank may exceed the SMDIA. You are solely responsible for making any necessary arrangements to protect your excess balances consistent with applicable law. If you hold any funds at a partner Bank outside of the Services (including any other balances you may hold at that Bank directly or indirectly through other intermediaries, including broker-dealers), when combined with your deposits held at that partner Bank through the Services, the total amount of your deposits at that Bank could exceed the SMDIA for an ownership capacity or category, and those excess funds will not be FDIC insured. For additional information regarding FDIC deposit insurance, please visit https://www.fdic.gov/resources/deposit-insurance/.
Each partner Bank is a third-party beneficiary of these Terms.
Subject to these Terms, you may use the Services to initiate the funds transfers from your Deposit Account. When acting upon your transfer instructions, we may use any means of transmission, funds transfer system, clearing house, or intermediary bank that we reasonably select.
Funds transfers to or from your account will be governed by the rules of the funds transfer system(s) through which the transfers are made (“system rules”), including Fedwire, the National Automated Clearing House Association, the Electronic Check Clearing House Organization, any regional association (each an “ACH”), the Clearing House Interbank Payments System (“CHIPS”), the Society for Worldwide Interbank Financial Telecommunication (“SWIFT”) the RTP system (“RTP System”), or other funds transfer system. Neither we nor any of our partner Banks are under any obligation to honor, in whole or in part, any payment order or other instruction that could result in our contravention of applicable law, including, without limitation, requirements of the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) and the Financial Crimes Enforcement Network (“FinCEN”).
Subject to these Terms, including the payment of fees, Mayfair grants you a personal, non-transferable, non-exclusive, non-assignable, revocable, limited license to use the Services and view the content displayed in the Services. All rights, title and interest in and to the Services and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with Mayfair and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the content available through the Services, granting the foregoing licenses or entering into this Agreement.
The Services are cloud-based and hosted services and no copies of the Services will be delivered to you, other than (where available) any applications developed by Mayfair in connection with the Services. Your right to use the Services shall terminate upon any suspension or termination of the supply of the Services to you. In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policy) and nonproprietary. You hereby grant Mayfair a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein. We may include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties. We may terminate this license at any time for any reason. If you breach any of these Terms (including, for the avoidance of doubt, any of the Banking Agreements), your license terminates immediately. Upon the termination of this license, you must stop using the Services and return or destroy all copies, including electronic copies, of the content in your possession or control.
You hereby authorize Mayfair to, directly or through third parties, make any inquiries and conduct any investigation to verify your identity.
The Services requires certain information concerning you, including but not limited to your name, address, phone number, email address, tax identification number, bank account information and other third-party account information. You agree that all information you provide to Mayfair shall be complete and accurate and you shall promptly correct any errors in such information.
Subject to the Mayfair privacy policy, posted at https://www.getmayfair.com/privacy-policy and incorporated herein by reference, and any other separate agreement between you and Mayfair, you and each of your personnel hereby grant Mayfair the right to collect, store, use and disclose your data for the purpose of providing the Services and its integration with any third-party services selected by you. Where your data includes data concerning third parties, you represent that you have obtained the necessary consents for Mayfair to collect, process, store such data hereunder from the relevant data subjects. Subject to applicable law, where Mayfair is subject to a subpoena request for your data, Mayfair shall provide you with an opportunity to contest the request, failing which Mayfair shall cooperate with the request. Mayfair reserves the right to keep your data during all times you maintain at least one account via Mayfair and for seven years thereafter to comply with applicable state and federal regulatory requirements.
You hereby authorize Mayfair and each third-party service provider, including partner Banks, to obtain from each other and disclose to each other your data insofar as is necessary to supply their respective services either hereunder or under any applicable third-party service agreements.
If you were referred to Mayfair by a third party (the “Referrer”), the Referrer may obtain knowledge of the fact you have opened a Deposit Account and become a user of the Services. Additionally, Mayfair may share certain deidentified aggregated account balance and transaction volume information with Referrers.
You acknowledge and agree that we, or anyone acting on our behalf, may monitor and/or record any communication between you and us, or anyone acting on our behalf, for quality control and other purposes. You also acknowledge and agree that this monitoring or recording may be done without any further notice to you. The communication that may be monitored or recorded includes telephone calls, cellular or mobile phone calls, electronic mail messages, text messages, instant or live chat, or any other communications in any form.
You shall not, and shall not permit any third party to:
You may not use the Services for any purpose other than a purpose for which the Services are expressly designed. If you are prohibited under any applicable law from using the Services, you may not use them.
Further, you may not use the Services to conduct any of the following restricted business activities or practices:
We may, at any time and without notice, suspend or terminate your access to any of the Services if you engage in activities that violate the letter or spirit of this section. Our determination of whether a violation of this section has occurred will be final and binding, and any action taken with respect to enforcing this section will be at our sole discretion. We may, at our discretion, permit businesses that conduct any of the activities above to use the Services with restrictions as determined by us.
Certain features of the Services may require you to pay fees, as described at getmayfair.com, app.getmayfair.com, or as otherwise communicated to you by Mayfair or a third-party service provider, including an applicable partner Bank. All fees are in U.S. dollars and are non-refundable, unless otherwise provided herein. Mayfair reserves the right to amend the fees by posting new fees on Mayfair’s website or in the account; such changes shall take effect within 30 days unless accepted by you earlier or if you do not close your account within such time period.
You shall authorize Mayfair to collect payment of fees from a credit card, debit card, bank account, or other means of payment, including via direct debit or set-off; you authorize Mayfair to charge all fees and other amounts owing hereunder from such payment method. If you pay any fees with a credit card, Mayfair may seek pre-authorization of your credit card account prior to purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
The Services may include functionality for activating, updating, or canceling recurring payments for periodic charges. If you activate or update recurring payments through the Services, you authorize Mayfair to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. If you use the Services to update or cancel any existing authorized one-time or recurring payment, it may take up to 10 business days for the update or cancellation to take effect.
Without limitation, Mayfair reserves the right to suspend the Services until all fees or other amounts owing hereunder are paid in full or terminate these Terms for late payment.
You acknowledge that Mayfair may pay one or more Referrers for having referred you as a customer. Those fees will be paid solely by Mayfair and are not your responsibility.
Fees quoted do not include, and you shall pay and hold Mayfair harmless from all sales, use, gross receipts, value-added, personal property or other taxes, and all applicable duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon), other than taxes based on the net income or profits of Mayfair.
Certain features of the Services may allow you to earn yield on your account balance, as described at www.getmayfair.com, app.getmayfair.com, or as otherwise communicated to you by Mayfair. Mayfair reserves the right to amend the yield rate by posting new yield rates on Mayfair’s website or in the account; such changes shall take effect immediately on that day forward.
Within 31 days after the end of each month, subject to any non-workdays, the yield for the relevant month will be paid to the user by crediting the amount to the user's account.
If you select a Services product that allows you to earn yield on your account balance, you acknowledge and agree that the applicable partner Bank and Mayfair establish the rate for such product and that the obligations to pay the yield to the user are obligations of the applicable partner Bank.
Use of the Services requires a computer or approved mobile device and Internet access connected through an Internet or mobile service provider with a Web browser (for example, Firefox, Chrome, or Microsoft Internet Explorer).
To protect the confidentiality and security of your financial information, you must connect to the Services using an Internet browser that supports TLS 1.2 or higher. Use of the Services with lower than TLS 1.2 is strictly prohibited. To the extent you are able to access the Services using lower than TLS 1.2, we specifically disclaim any and all responsibility for losses resulting from your use of such lower encryption. We may change these requirements from time to time.
You agree to keep your username, password, and any other security or access information (collectively, “Access Information”) confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. You agree not to give or make available your Access Information to any unauthorized individual.
If you believe the security of your password or any other Access Information has been compromised in any way you must notify us immediately. This includes when your password has been lost or stolen; someone has attempted to use the Services without your consent; your account has been accessed, or someone has transferred money from your account without your permission.
We reserve the right to deny you access to any accounts or to the Services, or to deny the processing of transactions, to maintain or restore security or performance of the Mayfair website or any other Mayfair systems. We may do so if we reasonably believe in our sole discretion your Access Information has been or may be obtained (or is being used or may be used) by an unauthorized person. We may try to notify you in advance but cannot guarantee we will do so.
We may change, add or remove some or all of the content on the Services at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through the Services, such as pricing information or other content may not be accurate or up to date. In addition, please note that features of any plan or plans described in the Services may change over time as permitted by law.
While using the Services you may click on a link to other websites and leave the Services. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse and are not responsible for the content and accuracy of linked websites operated by third parties or for any of your dealings with such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policy on such third-party websites.
ALL CONTENT PROVIDED THROUGH THE SERVICES IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. MAYFAIR, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THE SERVICES, INCLUDING, FOR THE AVOIDANCE OF DOUBT, THE APPLICABLE PARTNER BANKS (COLLECTIVELY, “SERVICES-RELATED PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, THE SERVICES-RELATED PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF COVERAGE IS ACCURATE OR COMPLETE. THE SERVICES-RELATED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SERVICES IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT IN NO EVENT WILL MAYFAIR OR A PARTNER BANK BE OBLIGATED TO EFFECT ANY TRANSACTION IT BELIEVES WOULD VIOLATE ANY APPLICABLE LAW OR THAT IT OR A PARTNER BANK BELIEVES TO BE FRAUDULENT OR UNAUTHORIZED.
APPLICABLE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS REGARDING OUR PARTNER BANKS AND OTHER THIRD-PARTY PARTNERS AND SERVICE PROVIDERS ARE SET FORTH IN THE THIRD-PARTY TERMS, INCLUDING THE BANKING AGREEMENTS, WHICH HAVE BEEN PROVIDED TO YOU.
MAYFAIR RECEIVES COMPENSATION FROM OUR PARTNER BANKS FOR PROMOTING THE PARTNER BANKS’ ACCOUNT SERVICES.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
YOU AGREE THAT NONE OF THE SERVICES-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE SERVICES-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE SERVICES-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE SERVICES-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SERVICES OR CONTENT ARE EXCLUDED EVEN IF THE SERVICES-RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE OF THE SERVICES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
ADDITIONAL PROVISIONS REGARDING LIMITATIONS OF LIABILITY REGARDING OUR PARTNER BANKS AND OTHER THIRD-PARTY PARTNERS AND SERVICE PROVIDERS ARE SET FORTH IN THE THIRD-PARTY TERMS, INCLUDING THE BANKING AGREEMENTS, WHICH HAVE BEEN PROVIDED TO YOU.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SERVICES-RELATED-PARTIES, THEIR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY USE OF THE CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.
ADDITIONAL PROVISIONS REGARDING INDEMNIFICATION REGARDING OUR PARTNER BANKS AND OTHER THIRD-PARTY PARTNERS AND SERVICE PROVIDERS ARE SET FORTH IN THE THIRD-PARTY TERMS, INCLUDING THE BANKING AGREEMENTS, WHICH HAVE BEEN PROVIDED TO YOU.
The laws of the State of California govern these Terms and any cause of action arising under or relating to your use of the Services, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with Mayfair, or in any way relating to your use of the Services, is in the state and federal courts in the State of California, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Mayfair or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Before seeking legal recourse for any harm, you believe you have suffered arising from or related to your use of the Services, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
YOU AND MAYFAIR ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE (EACH A “CLAIM”), WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Contact us regarding these Terms or any customer service issues by email at help@getmayfair.com, phone at (415) 906-5292, or the Intercom widget located on www.getmayfair.com and app.getmayfair.com.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may not transfer or assign any rights or obligations under this Agreement. Mayfair may transfer or assign its rights and obligations under this Agreement.
The Effective Date of these Terms is January 2, 2024.
