Terms of Service

Welcome to the Mason Money, Inc. (“MasonPay”) website located at https://www.masonpay.io/ (the “Site”). Please read these Terms of Use (the “Terms”) and our Privacy Policy carefully because they govern your use of our Site and our services accessible via our mobile device application (the “App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

Disclaimer

Services provided through MasonPay are for informational purposes only. Every financial situation is unique, and therefore any information or recommendations received through Mason may not be appropriate for your personal situation. Mason is not intended to provide legal, tax or financial advice. Mason is not a financial advisor, investment advisor, financial planner, fiduciary, broker or tax advisor. Accordingly, consider obtaining additional information and advice from an accountant or financial advisor prior to implementing any financial strategy.

Agreement to Terms

By using our Services or clicking “Sign Up” (or a similar button or link) when provided with a link or other access to these Terms, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. or click “Sign Up”. Please retain a copy of these Terms.

MasonPay E-Consent Terms

We require your consent to, and approval of, these “E-Consent Terms” as a condition to you using the Services, the Site or the App. In addition, we partner with various third party product partners that provide financial products or services in order to generate offers for products or services that may be of interest to you. Some of our third party product partners also require that our users agree to be bound by these E-Consent Terms.

Introduction

These E-Consent Terms notify you of your rights when receiving electronic disclosures, records, notices, and information (“E-Communications”). By submitting a request for an offer from any of our third party product partners, or by using the Site or the App, you acknowledge that you have received these E-Consent Terms and that you consent to conduct all transactions with us and our third party partners using E-Communications.

Option for Paper or Non-Electronic Records

You may request any E-Communications in paper copy by contacting our third party product partner directly (if the E-Communications are to or from that third party product partner) or by contacting us directly (if the E-communications are to or from us). We or our third party product partner, as applicable, will provide paper copies upon your request, but we and they reserve the right to charge a fee, in our discretion, for providing such paper copies. We and our third party product partners will retain records of E-Communications in accord with applicable law.

Scope of Consent

Your E-Consent applies to all interactions online concerning you and us (and/or our third party product partners, as applicable) and includes interactions engaged in on any mobile device (whether smartphone, tablet or otherwise) or computer. By agreeing to these Terms, you are consenting to have us (and/or our third party product partners, as applicable) process your information and interact with you electronically. We (and/or our third party product partners, as applicable) may also send you E-Communications that are related to our (and their) interactions and transactions with you. E-Communications may be provided online through our App or Site, or our third party product partners’ apps or websites, and may be provided by e-mail.

Consenting to Do Business Electronically

Before you decide to do business electronically with us and our third party product partners, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements

To access and retain E-Communications, you will need a mobile device or computer capable of accessing the Internet, access to an e-mail account and an Internet browser that supports 128-bit encryption. To read certain documents, you may also need a PDF file reader. To retain a copy of E-Communications for future reference, you will need a printer or a storage device with sufficient space, such as your computer's disk drive, or space to store screenshots on your mobile device. You may send any questions regarding the hardware and software requirements directly to us or to our third party product partners.

Withdrawing Consent

Your E-Consent as set forth in these Terms cannot be withdrawn because it is a one-time transaction. If you choose to apply for an offer or other product from our third party product partner through our third party product partners’ websites or apps, you may be asked to consent to further E-Communications from our third party product partners before you are able to proceed.

Updates to Your Contact Information

You must keep us and our third party product partners informed of any change in your email address or mailing address. You may update such information by emailing us at support@masonpay.io.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site and App or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or App, you are confirming to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MasonPay WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Using the Services

Through the Services, MasonPay monitors and analyzes your financial accounts, and based upon analytics, the Services provide you with automatically generated plan to pay down your credit card debt by creating an optimized monthly schedule.

Disclaimer

The Services are provided for informational purposes only, to assist you in managing your own finances and decision-making. Neither MasonPay nor the Services are intended to provide legal, tax or financial advice. MasonPay is not a financial advisor, investment advisor, financial planner, fiduciary, broker, bank or tax advisor. Your personal financial situation is unique, and therefore any information and/or recommendations obtained through the Services may not be appropriate for your own situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who are fully aware of your individual circumstances.

Eligibility to Use Services

You may use the Services only if you: (i) are 18 years or older and capable of forming a binding contract with MasonPay; (ii) are a United States citizen (or a legal U.S. resident); (iii) hold a bank deposit account, credit card account, or a credit union share draft account with a U.S. financial institution (any such account, a “Bank Account”); and (iv) are not barred from using the Services under applicable law. We refer to a bank and a credit union interchangeably as a “bank”.

Registration and Your Information

If you want to use the Services, you’ll have to create an account with MasonPay (a “MasonPay Account”). MasonPay is not a bank or a fiduciary and an MasonPay Account is not a bank account. You can create an MasonPay Account by using your phone number via the App, and to the extent that the functionality of the Services allows it, via the Site. In order to create your MasonPay Account, you will also need to provide certain information requested by us, such as your name and email address. So that we can provide the Services to you, you may also need to provide the online credentials details of your Bank Accounts, such as the username, password and/or other credentials that allow you to access your Bank Accounts on the Internet.

For our compliance purposes and in order to provide the Services to you, you hereby authorize us (or our third party service providers) to obtain, verify, and record information and documentation that helps us verify your identity and Bank Account details. When you create your MasonPay Account and from time to time thereafter, we may require you to and you hereby agree to provide and/or confirm information and documentation that will allow us to identify you, such as:

You agree that you won’t disclose your MasonPay Account password to anyone and you’ll notify us immediately of any unauthorized use of your MasonPay Account. You also agree not to transfer your MasonPay Account to any third party. You’re responsible for all activities that occur under your MasonPay Account, whether or not you know about them.

Power of Attorney

By creating an MasonPay Account and using the Services, you automatically authorize us (or our third party service providers) to obtain, without any time limit or the requirement to pay any fees, information about you and your Bank Account from the financial institution holding your Bank Account and other third party websites and databases (your “Financial Information”) as necessary to provide the Services to you. For the purposes of these Terms and solely to provide the Financial Information to you as part of the Services, you grant MasonPay a limited power of attorney, and appoint MasonPay as your attorney-in-fact and agent, to access third party services, retrieve and use your Financial Information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN MASONPAY IS ACCESSING AND RETRIEVING FINANCIAL INFORMATION FROM THIRD PARTY SERVICES, MASONPAY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SERVICE.

You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your Bank Account and other third party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between MasonPay and our third party service providers, MasonPay owns your Financial Information.

Notifications and Verification

In order to use the Services, you must provide and verify your cellular phone number or other text message address to us, and you must expressly consent to receive text messages relating to the Services at that number or address. Third-party data and message fees may apply. To verify your cellular phone number or text message address, we may send you a code via text message to the cellular phone number or text message address you provide, and you must enter that code as instructed by us. If you change your cellular phone number or text message address, you must promptly provide and verify your new cellular phone number or text message address. You can do this by emailing us at support@masonpay.io.

As part of your use of the Services, you may receive notifications, alerts, or emails about the Services. By providing your cellular phone number, you may receive SMS messages relating to your use of the Services. We will not send you promotional or marketing SMS messages without obtaining your separate, written consent, which is not required for you to use the Services. You agree to the receipt of these communications. You are responsible for any messaging or data fees you may be charged by your wireless carrier for receiving SMS notifications.

Offers from Marketing Partners

We may use your Financial Information to generate offers for financial products and services from our marketing partners that may be of interest to you. It is always your choice whether or not to apply for an offered product or service and we will never submit an application for a financial product or service on your behalf without your express consent. We may receive compensation from our marketing partners for promoting their products and services through our Services.

The technology we use to provide you with offers for financial products and services is proprietary and, in finding those offers for you, we may elect to consider, ignore, emphasize, or de-emphasize relevant factors in our sole discretion. We do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer.

MasonPay does not endorse, warrant or guarantee any third party products or services available through the Services. While MasonPay works hard to verify the rates, terms, and rewards offered by any particular advertiser or third party, MasonPay does not guarantee that the rates, product terms, rewards, or other service terms offered by any particular advertiser or other third party on the Services are actually the terms that may be offered to you if you pursue the offer, or that they are the best terms or lowest rates available in the market. Any offer is subject to the third parties’ review of your Financial Information. If you elect to use or purchase products or services from third parties, you are subject to their terms and conditions and privacy policy.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us via the “Contact Support” link in the profile section of the App. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content and Content Rights

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. User Content does not include Financial Information.

Content Ownership, Responsibility and Removal

MasonPay does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, MasonPay and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to MasonPay a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by MasonPay on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by MasonPay

Subject to your compliance with these Terms, MasonPay grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights and Terms for Apps

Rights in App Granted by MasonPay

Subject to your compliance with these Terms, MasonPay grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. MasonPay reserves all rights in and to the App not expressly granted to you under these Terms.

General Prohibitions and MasonPay’s Enforcement Rights

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Services or any individual element within the Services, MasonPay’s name, any MasonPay trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MasonPay’s express written consent;

Access, tamper with, or use non-public areas of the Services, MasonPay’s computer systems, or the technical delivery systems of MasonPay’s providers; Attempt to probe, scan or test the vulnerability of any MasonPay system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MasonPay or any of MasonPay’s providers or any other third party (including another user) to protect the Services or Content;

Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MasonPay or other generally available third-party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilizing an MasonPay trademark, logo URL or product name without MasonPay’s express written consent; Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services and App may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by contacting us via the “Contact Support” link in the profile section of the App. Upon any termination, discontinuation or cancellation of the Services or your Account, the following provisions of these Terms will survive: “Feedback”, “Content and Content Rights”, “Content Ownership, Responsibility and Removal”, “Termination”, “Limitation of Liability”, “Dispute Resolution” and “General Terms”.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. We make no warranty that the MasonPay optimized plan will be completely accurate or free of errors in timing or payment amount.

USE OF THE SERVICES, THE CONTENT AND ANY INFORMATION OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION PROVIDED THROUGH THE SERVICES IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. MASONPAY AND THE SERVICES ARE NOT ENDORSED BY OR AFFILIATED WITH THE FEDERAL DEPOSIT INSURANCE CORPORATION OR FINRA, AND MASONPAY IS NOT AN ADVISOR, FIDUCIARY, BANK, CREDIT UNION OR OTHER DEPOSITORY INSTITUTION. MASONPAY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RESULTS OR SAVINGS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES. BEFORE MAKING ANY FINANCIAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, INCLUDING RECOMMENDATIONS OF THIRD PARTIES IDENTIFIED THROUGH THE SERVICES, MASONPAY RECOMMENDS THAT YOU OBTAIN ADDITIONAL INFORMATION AND ADVICE OF ACCOUNTANTS OR OTHER FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.

YOU ACKNOWLEDGE THAT MASONPAY IS SOLELY AN INTERMEDIARY BETWEEN YOU AND OUR MARKETING PARTNERS FOR WHOM WE DISPLAY OFFERS FOR FINANCIAL PRODUCTS AND SERVICES. MASONPAY MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. MASONPAY EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INACCURACY OR INCOMPLETENESS OF ANY SAVINGS ESTIMATES, APPROVAL ODDS, OR RELATED INFORMATION, AVAILABLE THROUGH THE SERVICES OR THE CONTENT; OR THE AVAILABILITY OR LEGALITY OF ANY OF THE OFFERS FROM OUR MARKETING PARTNERS.

Indemnity

You will indemnify and hold harmless MasonPay and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability

NEITHER MASONPAY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MASONPAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL MASONPAY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MASONPAY AND YOU.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and MasonPay agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide MasonPay with written notice of your desire to do so by email at support@masonpay.io or regular mail at Attn: 555 West 5th Street 35 Floor, MasonPay Corp, Los Angeles, CA 90013 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide MasonPay with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide MasonPay with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide MasonPay with an Arbitration Opt-out Notice, you acknowledge and agree that you and MasonPay are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MasonPay otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” 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.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and MasonPay otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and MasonPay submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. MasonPay will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, MasonPay will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if MasonPay changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@masonpay.io) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of MasonPay’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MasonPay in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between MasonPay and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MasonPay and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without MasonPay’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MasonPay may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by MasonPay under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

MasonPay’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MasonPay. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact us at support@masonpay.io.