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,” “our” and “Company” refer to Mayfair and its current and future affiliated entities and any trademarks associated with this entity and, unless the context otherwise implies.
Mayfair provides cloud-based financial tools and services, which may include (i) access to banking services provided by third parties, including our partner banks (“Banks”), (ii) assistance with management and oversight of financial transactions, (iii) communicating information to, from and among third parties, as per your instructions, and (iv) financial information storage and reporting.
Mayfair will not perform any financial transactions for you. You may, however, use the Services to communicate your instructions to a third party, including our partner Banks, which third party may perform a financial transaction on your behalf. Mayfair is not liable for any such financial transaction or the results thereof.
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 by way of instructions delivered to any third party 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 firstname.lastname@example.org 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 and is not itself insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund. 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 Section 8 titled “Third-Party Banking Services.”
You represent and warrant to Company 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.
Subject to these Terms, including the payment of fees, the Company 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 the Company 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.
You shall not, and shall not permit any third party to: (i) permit any party to access or use the Services other than your personnel authorized under these Terms; (ii) modify, adapt, alter or translate any software underlying the Services; (iii) license, lease, rent, loan, distribute, or otherwise transfer the Services to any third party; (iv) except if, and solely to the extent that, such a restriction is impermissible under law, reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or algorithms, structure or organization) of any software underlying the Services; (v) use or copy the any software underlying the Services except as expressly allowed hereunder; (vi) conduct or promote any illegal activities while using the Services; (vii) use the Services to generate unsolicited email advertisements or spam; (viii) use the Services to stalk, harass or harm another individual; (ix) use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders or scripts); (x) except if, and solely to the extent that, such a restriction is impermissible under law, interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (xi) attempt to gain access to secured portions of the Services to which it does not possess access rights; (xii) upload or transmit any form of virus, worm, trojan horse, or other malicious code; (xiii) use any robot, spider, other automatic device, or manual process to extract, “screen scrape”, monitor, “mine”, or copy any static or dynamic web page on the Services or the content contained on any such web page for commercial use without our prior express written permission; (xiv) impersonate any person or entity, or otherwise misrepresent its affiliation with a person or entity; (xv) mirror or frame the Services or any content, place pop-up windows over its pages, or otherwise affect the display of its pages; or (xvi) publicly display or publicly perform any part of the Services. 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.
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.
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.
Certain portions of the Services may be configured to permit users to post messages, comments, or other content. Any such content is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post any content:
You are solely responsible for the content of any postings you submit and the Company assumes no responsibility or liability for any content submitted by you or any other website visitor. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these Terms (including, for the avoidance of doubt, the Banking Agreements) or is otherwise harmful to us, our customers, or any third party. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup copy, and we may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the Company.
Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts. If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and any of its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify the Company or its affiliates or third party service providers for all claims resulting from content you supply.
Certain features of the Services may require you to pay fees, as described at www.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 the Company’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.
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) on the transaction contemplated herein, other than taxes based on the net income or profits of Mayfair.
In the event of termination of the Services for any reason except for your breach of these Terms (including, for the avoidance of doubt, the Banking Agreements), Mayfair may provide you with a refund of any pre-paid, but unused fees related to such Services, subject to the following: (i) no refund shall be paid for the current month’s Services, regardless of the day on which you cancel the Services; (ii) Mayfair will retain and not be obligated to refund any prepaid fees up to and including the amount of fees you would have been required under these Terms to pay for the Services for the two-month period following the effective date of the termination of the Services. You are not entitled to any refund for termination of the Services based upon your breach. If you purchased access to the Services at a discounted price, any refund will lose the benefit of that discount.
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 the Company’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, 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.
When you open an account with Mayfair and you select a cash/deposit account product, you understand and acknowledge that a cash/deposit account will be opened at the applicable Bank, and you agree to the separate terms and agreements of that Bank (each a “Banking Agreement”) listed in this Section 8.1 and below in Section 8.2. You further agree that each applicable Bank is a third-party beneficiary of these Terms solely for purposes of enforcing its respective account service and program terms.
You may deposit funds into and withdraw funds from such account at the applicable Bank by methods allowed by that Bank and the Services. 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.
Unless otherwise described below in Section 8.2, the maximum amount of Federal Deposit Insurance Corporation (“FDIC”) insurance coverage for funds on deposit in your account at a Bank is the then-current standard maximum deposit insurance amount, which is currently $250,000, per legal category of account ownership at the applicable Bank (“SMDIA”). Your balances at the applicable Bank may exceed the SMDIA and 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 www.fdic.gov/resources/deposit-insurance/.
If you obtain a product from a Bank that pays interest on your funds, information regarding the interest rates on your account type can be found here: Mayfair Rate Sheet.
If you deposit funds into Evolve Bank & Trust (through Stripe Payments Company), your account is eligible for pass-through FDIC insurance to the extent it is permitted by the rules and regulations of the FDIC and the requirements for pass-through insurance are satisfied.
If you wish to obtain higher levels of FDIC or NCUSIF insurance coverage on your funds placed in a deposit account at Third Coast Bank through Mayfair, you can do so by opting into Third Coast Bank’s Enhanced Deposit Protection Program (the “TCB Program”). Under the TCB Program, funds that you hold in the applicable deposit account at Third Coast Bank are transferred into accounts at one or more other FDIC-insured banks or National Credit Union Share Insurance Fund (“NCUSIF”)-insured credit unions, up to the SMDIA (currently $250,000), per legal category of account ownership per such bank or credit union, in order to provide expanded levels of FDIC or NCUSIF insurance coverage on your funds. For the avoidance of doubt, Evolve Bank & Trust does not offer the TCB Program and is not a party to the TCB Program Terms and Conditions.
If you do not opt-in to the TCB Program, you understand and acknowledge that funds deposited into the deposit accounts at a partner Bank will only be insured up to the SMDIA currently, $250,000, per legal category of account ownership at such partner Bank (including any other balances you may hold at that Bank directly or indirectly through other intermediaries, including broker-dealers).
Third Coast Bank Enhanced Deposit Protection Program
By opting into the TCB Program, you acknowledge that you have reviewed and hereby agree to the separate Third Coast Bank Enhanced Deposit Protection Program Customer Terms and Conditions (the “TCB Program Terms”, and together with the Third Coast Bank Business Deposit Account Agreement and Privacy Notice, collectively the “Third Coast Bank Banking Agreements”). Please review the TCB Program Terms carefully as these contain material legal and risk disclosures and additional terms and conditions regarding your participation in the TCB Program.
Mayfair partners with Third Coast Bank to make the TCB Program available to you. You may not opt-in to the TCB Program if you operate a business relating to crypto-assets or cryptocurrency, which includes operating a cryptocurrency exchange or hosting a cryptocurrency wallet, and you hereby represent and warrant that you do not and will not at any time during the period your funds are held in the TCB Program.
The TCB Program is offered to you by Mayfair and Third Coast Bank and is administered by a third-party service provider to Mayfair and Third Coast Bank (the “Administrator”). Third Coast Bank is a participating institution in the TCB Program and is permitted to place funds in the TCB Program. The Administrator provides administrative and recordkeeping services to Mayfair and Third Coast Bank with respect to the TCB Program and acts as Third Coast Bank’s agent with respect to the TCB Program. The Administrator’s services are provided to Mayfair and Third Coast Bank under, and subject to, written agreements entered into with Mayfair and Third Coast Bank, and no representations or warranties, express or implied, are provided by the Administrator or any of its affiliates, except as expressly set forth in those written agreements. Limits and customer eligibility criteria may apply.
By participating in the TCB Program, you appoint Third Coast Bank as your agent for purposes of the TCB Program (and you permit Third Coast Bank to appoint and use the Administrator of the TCB Program), including to establish and maintain accounts at Program Receiving Institutions (as defined below) and to transfer all or any of the funds in your account at Third Coast Bank to and from (i) demand deposit accounts or money market deposit accounts at one or more insured depository institutions at which deposits are insured by the FDIC up to the SMDIA, currently $250,000, per legal category of account ownership per depository institution (a “Bank Receiving Institution”) and/or (ii) share accounts or share draft account at credit unions at which such accounts are insured by the NCUSIF (administered by the National Credit Union Administration (“NCUA”)) up to the NCUSIF insurance limit of, currently, $250,000, per legal category of account ownership per credit union (a “Credit Union Receiving Institution”; together with a Bank Receiving Institution, a “Program Receiving Institution”). A share account or share draft account, which is offered by a credit union, is similar to a deposit account, which is offered by an insured depository institution (such as a bank); however, there are important differences between share accounts and deposit accounts, some of which are described in these Terms and in the TCB Program Terms.
There are important differences between FDIC deposit insurance and NCUSIF share insurance. For example, unlike the FDIC, which insures accrued interest on deposits within applicable limits, the NCUA is not required to insure accrued dividends unless they have been posted to a share account. You should assume that such accrued dividends will not be insured by the NCUA. Please refer to the separate TCB Program Terms for more information about these differences.
Although funds are placed at Program Receiving Institutions in amounts that do not exceed the SMDIA, or the maximum NCUSIF limit, per legal category of account ownership per Program Receiving Institution, your balances held at Third Coast Bank may exceed the SMDIA or the maximum NCUSIF limit (e.g., before your funds are placed at Program Receiving Institutions under the TCB Program or after your funds are withdrawn from the Program Receiving Institutions under the TCB Program). As stated in the TCB Program Terms, you are responsible for making any necessary arrangements to protect such balances consistent with applicable law.
From time to time, Third Coast Bank and/or Mayfair will notify you of the maximum amount of FDIC and NCUSIF protection available on your funds under the TCB Program. Such maximum amount will depend on the number of Program Receiving Institutions in the TCB Program and the number of Program Receiving Institutions that you exclude from holding your funds under the TCB Program, and so it may change from time-to-time.
If you hold any funds at a Program Receiving Institution outside the TCB Program (including any other balances you may hold at that Program Receiving Institution directly or indirectly through other intermediaries, including broker-dealers) the total amount of your deposits at that Program Receiving Institution could exceed the SMDIA or the maximum NCUSIF limit for an ownership capacity or category, and those excess funds will not be FDIC or NCUSIF insured. You are solely responsible for making any necessary arrangements to protect your excess balances consistent with applicable law.
If you are otherwise subject to restrictions or requirements on placement of your funds, you are solely responsible for determining whether your use of the TCB Program satisfies those restrictions or requirements. You may opt-out of placing funds at a specific Program Receiving Institution during the TCB Program onboarding process within the Mayfair application.
Visit the Participating Institution List for a list of the banks, savings associations and credit unions with which Mayfair and Third Coast Bank have a business relationship for the placement of deposits under the TCB Program, and into which Third Coast Bank may place deposits subject to these Terms, the TCB Program Terms, and any opt-outs by Third Coast Bank and/or you as Third Coast Bank’s account holder.
FDIC and NCUSIF insurance coverage is only available to protect a depositor against the failure of a participating FDIC- or NCUSIF-insured Program Receiving Institution that holds the depositor’s or member’s funds (not to protect against the failure of any other party, including Mayfair or the Administrator of the TCB Program). The TCB Program is primarily designed to provide administrative convenience for participating institutions, such as Third Coast Bank, to offer expanded insurance on customer funds, and is not designed to provide customers with investment enhancements, higher rates of returns, or profits on their funds. As previously stated, Mayfair partners with Third Coast Bank to make the TCB Program available to you. You acknowledge and agree that upon termination of the relationship between Mayfair, Third Coast Bank, and the Administrator of the TCB Program, your funds will be withdrawn from the TCB Program and returned to the applicable Third Coast Bank Business Checking Account, your deposits will no longer be FDIC- or NCUSIF-insured at Program Receiving Institutions, and your deposits will only be insured up to the SMDIA limits at Third Coast Bank.
By participating in the TCB Program, you agree and acknowledge that Mayfair is acting as your agent with respect to the TCB Program, including (i) transmitting your agreement to the TCB Program Terms to Third Coast Bank; and (ii) transmitting any deposit or withdrawal instructions to Third Coast Bank regarding placement of your deposits into the TCB Program or withdrawal of your deposits from the TCB Program, and, in turn, for Third Coast Bank to transmit those instructions to the Administrator and to transmit those funds to the Program Receiving Institution.
YOU SHOULD REVIEW THE BANKING AGREEMENTS CAREFULLY AS THEY CONTAIN MATERIAL LEGAL AND RISK STATEMENTS REGARDING THE ACCOUNT. IF THERE IS INCONSISTENCY BETWEEN THESE TERMS AND A BANKING AGREEMENT, THE BANKING AGREEMENT SHALL BE CONTROLLING TO THE EXTENT OF SUCH INCONSISTENCY.
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.
ALL CONTENT PROVIDED THROUGH THE SERVICES IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, 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 THE COMPANY 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.
THE COMPANY 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 the Company, 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 the Company 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 email@example.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. The Company may transfer or assign its rights and obligations under this Agreement.
The Effective Date of these Terms is July 5, 2023.