Terms Of Service - Website
Website Terms and Conditions of Use
1. Terms
By accessing this Website, accessible from www.mcintyrefinancialllc.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials on SYFI Financial Group's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose or for any public display;
- attempt to reverse engineer any software contained on SYFI Financial Group's Website;
- remove any copyright or other proprietary notations from the materials; or
- transferring the materials to another person or "mirror" the materials on any other server.
This will let SYFI Financial Group to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format. These Terms of Service has been created with the help of the Terms Of Service Generator.
3. Disclaimer
All the materials on SYFI Financial Group's Website are provided "as is". SYFI Financial Group makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, SYFI Financial Group does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.
4. Limitations
SYFI Financial Group or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on SYFI Financial Group's Website, even if SYFI Financial Group or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on SYFI Financial Group's Website may include technical, typographical, or photographic errors. SYFI Financial Group will not promise that any of the materials in this Website are accurate, complete, or current. SYFI Financial Group may change the materials contained on its Website at any time without notice. SYFI Financial Group does not make any commitment to update the materials.
6. Links
SYFI Financial Group has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by SYFI Financial Group of the site. The use of any linked website is at the user's own risk.
7. Site Terms of Use Modifications
SYFI Financial Group may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.
8. Your Privacy
Please read our Privacy Policy.
9. Governing Law
Any claim related to SYFI Financial Group's Website shall be governed by the laws of us without regards to its conflict of law provisions.
10. Services From Us
Any service provided by McIntyre Financial LLC or SYFI Financial Group, is provided AS IS, We offer no refunds.
Terms and Conditions of Use (Moon Advance)
Effective Date: December 16th, 2024
The following terms of service are terms of a legal agreement (the "Agreement") between you ("you", "your", or "user") and McIntyre Financial LLC or Moon Advance, its subsidiaries, affiliates, agents, and assigns ("McIntyre Financial LLC or Moon Advance", "we", "us", or "our") which sets forth the terms and conditions for your use of McIntyre Financial LLC or Moon Advance website, moonadvance.com, as well as the products and services offered, operated or made available by McIntyre Financial LLC or Moon Advance. The website, and Services are owned and operated by McIntyre Financial LLC or Moon Advance, and are being provided to you expressly subject to this Agreement. By accessing, browsing, and/or using the website, moonadvance.com, or the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and McIntyre Financial LLC or Moon Advance, and this Agreement governs your use of the moonadvance.com, and the Services.
THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER.
PLEASE REFER TO SECTION 21 BELOW FOR MORE INFORMATION.
1. ACCEPTANCE OF AGREEMENT
Please carefully review this Agreement before using the moonadvance.com or the Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use moonadvance.com or the Services. To use the, moonadvance.com or the Services and to accept the Agreement, you must 1) be a citizen or legal resident of the United States, 2) be at least 18 years old, 3) agree to only have one McIntyre Financial LLC or Moon Advance account, which must be in your real name; and 4) not be prohibited by law from using the moonadvance.com or the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18, and will result in the termination of your access to McIntyre Financial LLC or Moon Advance account.
2. MODIFICATION OF THIS AGREEMENT
McIntyre Financial LLC or Moon Advance account reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on its website, moonadvance.com. You should check this Agreement on moonadvance.com periodically for changes. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use moonadvance.com or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. McIntyre Financial LLC or Moon Advance may terminate, suspend, change, or restrict access to all or any part of the moonadvance.com or the Services without notice or liability.
3. PRIVACY POLICY
McIntyre Financial LLC or Moon Advance maintains a Privacy Policy that details how we handle and protect your data. We fully incorporate our Privacy Policy into this Agreement. Note that we reserve the right to update the Privacy Policy at our discretion and that any changes made to our Privacy Policy are effective once posted to our website, moonadvance.com.
4. MINIMUM TECHNOLOGY REQUIREMENTS TO ACCESS SERVICES
To access and use the website and Services, you must have a mobile device with access to the Internet running either Apple iOS 10.3 or higher, or Android 4.1 or higher. You must also have a valid email address.
5. USER INFORMATION ACCURACY AND UPDATES
To access McIntyre Financial LLC or Moon Advance Services, you must fill the application for moon advance with McIntyre Financial LLC or Moon Advance. When you sign up for a advance, you agree to provide accurate, current, and complete information — such as your name, email address, – as may be prompted by any registration forms available through the website, in connection with the Services or as otherwise requested by McIntyre Financial LLC or Moon Advance for such information ("User Information"). You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the website Services. In order to use certain Services, McIntyre Financial LLC or Moon Advance may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use website Services. Should any of your User Information change, you agree that you will update this information as soon as possible. To update your User Information, you may go to mcintyrefinancial2021@gmail.com and email us with updated information or contact an advisor at 717-400-5290
6. OVERVIEW OF SERVICES
McIntyre Financial LLC or Moon Advance offers a variety of services and features collectively referred to in this Agreement as the "Services." Not all Services are available in all states.
-Advance Service – Free Advance of funds to help you cover emergency expenses or to help you avoid overdrafts on your bank account. See Section 9 for terms and details. Note: McIntyre Financial LLC or Moon Advance, Advances are NOT loans.
7. THIRD-PARTY AND McIntyre Financial LLC or Moon Advance BANKING ACCOUNT INFORMATION
McIntyre Financial LLC or Moon Advance does not review the Third-Party Account Information for accuracy, legality, or non-infringement, and McIntyre Financial LLC or Moon Advance is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
8 Enrollment and Establishing a Bank Connection
Many features of the Services require providing McIntyre Financial LLC or Moon Advance with access to your banking information via Credit card/Banking Authorization Form and designating a "provided Account" and associated debit/credit card you would like McIntyre Financial LLC or Moon Advance to debit. To help avoid overdrafts, deposit and repay Advances you request, and debit the recurring "Bank Connection Fee" for maintaining your bank connection.
9. THE ADVANCE SERVICE
9.1 Overview of the Advance Service
McIntyre Financial LLC or Moon Advance also offers an advance based on your anticipated income (each an "Advance") as part of its "Advance Service." The Advance Service is not currently available to residents of Maryland, Nevada, Connecticut, Hawaii, or Washington, D.C. McIntyre Financial LLC or Moon Advance is not responsible for, nor assumes any liability for errors or omissions in sending such alerts. You may also request an Advance at any time through the website. Eligible users requesting an Advance will then be offered the opportunity to receive a free Advance to their provided Account or debit card. You may also visit the website and request an Advance at any time. In all cases, you must affirmatively choose to receive an Advance. The amount of each Advance you are eligible for is based on, among other things, whether you have established a direct deposit form to your provided Account also the paystubs you provide. You may only receive one Advance at a time, and you must repay any outstanding Advance before you will be eligible to receive another. We reserve the right to adjust Advance amounts and our eligibility criteria at any time.
9.2 Express Delivery Fee
When you request an Advance, you will be given the option to receive your Advance by either a standard Automated Clearing House ("ACH") transfer, through an Expedited Automated Clearing House ("ACH") transfer or through a Debit Card Transfer to a linked debit card. Standard ACH transfers are $0.00 and will generally appear in your provided Account between one (2) to three (3) business days. Expedited Automated Clearing House ("ACH") transfers are subject to an Express Delivery Fee and will usually be credited to your provided Account within one (1) business day or 23 Hours. Debit Card Transfers are subject to an Instant Delivery Fee and will appear on your linked debit card within (1) business day or 23 Hours.
If you choose to receive your Advance through an Expedited Automated Clearing House ('ACH') transfer or through the Debit Card Transfer, the Delivery Fee will be payable at the time you repay the Advance If you instant transfer withg a debit card you agree to pay a fee of $7.99 (instant fee)
9.3 Advance Repayment
Each Advance, including any optional tips and/or Express Delivery Fees, ("Total Advance Amount") is repayable at the same time. There is no mandatory minimum or maximum repayment time frame. We will assign you a repayment date based on our estimation of when you will receive your next deposit into your Linked Account ("Repayment Date"). We will disclose the Total Advance Amount and Repayment Date to you before you accept an Advance. If you need assistance with your Repayment Date, you can submit a help request through the following mcintyrefinancialllc.com - Contact Us/Advance Question
By accepting an Advance, you authorize us to debit your provided Account or debit card associated with your provided Account according to the following terms:
- - We will debit your provided Account or debit card on the Repayment Date, for the Total Advance Amount.
- - If (i) we do not process your repayment because we have determined you do not have sufficient funds in your provided Account, (ii) your repayment transaction utilizing a debit card is declined, or (iii) we are otherwise unable to process your repayment on the Repayment Date, we will instead attempt to debit smaller amounts from your provided Account within 90 days from the date you accepted the Advance until the Total Advance Amount has been repaid. How we calculate the amount of these smaller debits, the number of smaller debits, and the timing of the smaller debits will be disclosed to you and authorized by you through the App before you accept the Advance.
- - If there is still a remaining outstanding Advance amount left after 90 days, we will automatically reduce the remaining amount by 2/3rds, or approximately 66%, and clear the rest in an effort to assist you. You will not be asked to repay the amount cleared. We will then attempt to debit this reduced amount from your provided Account over the following 30 days the next time we detect a deposit made to your Linked Account as reported by Plaid.
- - In the event there is still a remaining outstanding Advance amount left after 120 days, we will clear the entire remaining amount and you will not be asked to repay it. You may also continue to be eligible to request future Advances, but the size and/or frequency of future Advances you are eligible for may be affected.
- - Each of the debit transactions described above will be authorized by you, and processed by us, as separate, one-time debit transactions.
In all cases, McIntyre Financial LLC or Moon Advance warrants that it has no legal or contractual claim against you based on a failure to repay an Advance and you may revoke your authorization for us to debit your Linked Account at any time. Please follow the process described in Section 11 to cancel your authorization. With respect to a failure to repay an Advance, McIntyre Financial LLC or Moon Advance warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. However, McIntyre Financial LLC or Moon Advance reserves the right to not provide you with further Advances while any amount remains unpaid under the Advance Service.
McIntyre Financial LLC or Moon Advance does not waive any rights regarding fraudulent or illegal activity, and McIntyre Financial LLC or Moon Advance will pursue instances of fraud. Although McIntyre Financial LLC or Moon Advance is helping users avoid overdraft fees, McIntyre Financial LLC or Moon Advance is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your provided Account. McIntyre Financial LLC or Moon Advance monitors your balance and will attempt to avoid debiting your account if you do not have sufficient funds, but McIntyre Financial LLC or Moon Advance makes no warranties that an overdraft will not occur or that your bank will not charge you fees.
10. REFUNDS
Tips, Express Delivery Fees, and the Bank Connection Fee are non-refundable.
11. CREDIT AND DEBIT AUTHORIZATION
By providing a bank account to McIntyre Financial LLC or Moon Advance, you authorize us to electronically debit or credit.
As applicable, you also authorize McIntyre Financial LLC or Moon Advance to electronically debit and credit your provided Account or Linked Debit Card to correct erroneous debits and credits. You acknowledge that, as applicable, the electronic authorizations contained in this Section represent your written authorizations for Automated Clearing House ("ACH") and debit card transactions as provided herein and will remain in full force and effect until you notify McIntyre Financial LLC or Moon Advance that you wish to revoke your authorization by submitting a help request through the following mcintyrefinancialllc.com - Contact Us / Advance
You must notify McIntyre Financial LLC or Moon Advance at least three (3) full business days before the scheduled debit date in order to cancel that debit. When you submit a help request, please include the email and telephone number associated with your Mobile App user account. Failure to provide correct and complete information may make it impossible for McIntyre Financial LLC or Moon Advance to stop the withdrawal of the preauthorized transaction. You agree to indemnify and hold McIntyre Financial LLC or Moon Advance harmless from and against any loss incurred as a result of its withdrawal of an ACH or debit card transaction from your Linked Account if any of the information relied upon in your request to revoke authorization is incorrect or incomplete. If you have followed the instructions in this section to notify McIntyre Financial LLC or Moon Advance of your desire to revoke your authorization at least three (3) full business days before the scheduled debit date, McIntyre Financial LLC or Moon Advance will be liable for your losses or damages directly caused by our failure to stop the transaction. If we do not receive notice at least three (3) full business days before the scheduled debit date, we may attempt, at our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so. You warrant and represent to McIntyre Financial LLC or Moon Advance that you have the right to authorize us to charge and credit your Linked Account and Linked Debit Card for payments due to us under this Agreement. In no event will our liability to you exceed the amount of the debit transaction and any bank fees you incur as a direct result of the debit transaction. If you have a joint Linked Account, you represent and warrant that you have the authority to (a) bind the absent accountholder; and (b) enter into this Agreement independently. You agree to indemnify and hold McIntyre Financial LLC or Moon Advance harmless from any claims by any other owner of the Linked Account.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law. you also agree to provide credit or bank authorization form along with two paystubs to keep on file until the advance is paid back, When the advance is repaid we delete all user information.
12. CONSENT TO ELECTRONIC COMMUNICATIONS AND DOING BUSINESS ELECTRONICALLY
12.1 Communications to Be Provided in Electronic Form
By choosing to use the website or the Services, you will receive, from time to time, disclosures, notices, documents, and any other communications about our Services, from McIntyre Financial LLC or Moon Advance ("Communications"). We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to receiving Communications electronically. This section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time at our sole discretion.
12.2 Communications in Writing
By accepting this Agreement, you agree that electronic Communications shall be considered "in writing" and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you with Communications in paper format, although we reserve the right to do so at any time.
12.3 Minimum Requirements
You understand that, in order to view and/or retain copies of the electronic Communications, you will need either: A computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); or A mobile device that meets the requirements described in Section 4. You will also need a valid email address, sufficient storage space to save Communications, or the capability to print the communications from the device on which you view them.
12.4 Withdrawing Consent
You may withdraw your consent to receive Communications electronically by submitting a help request through the following link: mcintyrefinancialllc.com/contactus. If you withdraw your consent, we will close your website user account and, The legal validity and enforceability of prior Communications delivered in electronic form will not be affected by your withdrawal of consent. You also agree to pay any amount owed to McIntyre Financial LLC or Moon Advance, such as any outstanding Bank Connection Fees, even if you withdraw your consent and we close or limit access to the website and/or the Services.
12.5 Updating Records
As noted above, you can update your User Information in the website or by submitting a help request through the following link: mcintyrefinancialllc.com / Contact
13. SMS MESSAGING AND TELEPHONE CALLS
You consent to receive SMS messages (including text messages), and telephone calls (including pre-recorded and artificial voice and auto-dialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or website. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. McIntyre Financial LLC or Moon Advance and our agents, representatives, affiliates, and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails, or other means. Message frequency varies. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
14. LIMITATIONS OF USE
You agree to use the mcintyrefinancialllc.com, and Services only for lawful purposes. You are prohibited from any use of the Services or Mobile App that would constitute a violation of any applicable law, regulation, rule, or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Mobile App or Services, including but not limited to unauthorized entry into McIntyre Financial LLC or Moon Advance systems, misuse of passwords, or misuse of any information posted on website mcintyrefinancialll.com, or through the Services is strictly prohibited. McIntyre Financial LLC or Moon Advance makes no claims concerning whether the use of the Mobile App, Creditgenie.com, or Services is appropriate outside of the United States. If you access the webiste, or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not 1) try to reverse engineer, disassemble, decompile, or decipher mcintyrefinancialllc.com or the Services or software our website and Services, 2) navigate or search website Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than McIntyre Financial LLC or Moon Advance provided interface to access the website or the Services, 4) website or the Services in a way that could impair, overburden, damage, or disable any portion of the website or Services, or 5) mirror any material contained on the website.
McIntyre Financial LLC or Moon Advance reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and McIntyre Financial LLC or Moon Advance also reserves the right to take action to protect McIntyre Financial LLC or Moon Advance, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to the website or the Services, 3) suspending or terminating your ability to use the website or the Services on an ongoing basis, 4) taking legal action against you (note, as described in Section 9.3 McIntyre Financial LLC or Moon Advance will not take action against you for failure to repay an Advance), 5) holding you liable for the amount of McIntyre Financial LLC or Moon Advance damages caused by your violation of this Agreement.
16. TERMINATION
McIntyre Financial LLC or Moon Advance may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the website, or the Services at any time, with or without cause, at McIntyre Financial LLC or Moon Advance absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the website or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of your use or access to the website, or the Services.McIntyre Financial LLC or Moon Advance further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the website, or Services at any time with or without notice.
17. DISCLAIMER OF WARRANTIES
THE MOBILE APP, CREDITGENIE.COM, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CREDIT GENIE AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS, AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE "CREDIT GENIE PARTIES") EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE MOBILE APP, CREDITGENIE.COM, OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP, CREDITGENIE.COM, OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." THE CREDIT GENIE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE MOBILE APP, CREDITGENIE.COM, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE CREDIT GENIE PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE MOBILE APP, CREDITGENIE.COM, OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note that the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability of a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
21. DISPUTE RESOLUTION BY BINDING ARBITRATION
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 21.3 BELOW.
21.1 Election to Arbitrate.
You and McIntyre Financial LLC or Moon Advance agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 21 (the "Arbitration Provision"), unless you opt out as provided in Section 21.3 below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 21.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from a contract; tort (intentional or otherwise); constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
21.2 Applicability of the Federal Arbitration Act; Arbitrator's Powers.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
21.3 Opt Out of Arbitration Provision.
You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt-out notice to mcintyrefinancial2021@gmail.com, within 60 days of the date of your electronic acceptance of the terms of this Agreement. The opt-out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt-out notice is sent on your behalf by a third party, such a third party must include evidence of his or her authority to submit the opt-out notice on your behalf.
21.4 Informal Dispute Resolution.
If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to mcintyrefinancial2021@gmail.com at any time.
21.5 Arbitration Procedures.
The party initiating arbitration shall do so with the American Arbitration Association ("AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's website at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their website at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
21.6 Arbitration Fees.
If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
21.7 Appeals.
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.
21.8 No Class Actions.
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Except for claims seeking public injunctive relief and unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 21.8, and any attempt to do so, whether by rule, policy, arbitration decision, or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 21.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
21.9 Survival and Severability of Arbitration Provision.
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 21.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision's limitations as to a particular claim for relief or a particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 21.8 are finally adjudicated pursuant to the last sentence of Section 21.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
21.10 Judicial Forum for Claims.
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and McIntyre Financial LLC or Moon Advance agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Pennsylvania. Both you and McIntyre Financial LLC or Moon Advance consent to the venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
21.11 WAIVER OF RIGHT TO LITIGATE.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
22. GOVERNING LAW AND VENUE
Except for Section 24 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of Pepennsylvania without regard to conflict-of-law rules.
23. SEVERABILITY
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement's remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
24. WAIVER
You agree that if McIntyre Financial LLC or Moon Advance does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Credit Genie has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
26. Links to other websites and services
our website may contain links to outside services and resources, the availability and content of which McIntyre Financial LLC or Moon Advance does not control or monitor. We are not responsible for examining or evaluating, and we cannot guarantee and expressly do not warrant the offerings of these businesses or individuals or the content of their websites. Except where an endorsement or relationship is expressly disclosed, links to and from such sites do not constitute a McIntyre Financial LLC or Moon Advance endorsement, and McIntyre Financial LLC or Moon Advance does not represent or imply that there is any business relationship between McIntyre Financial LLC or Moon Advance and the other entities. McIntyre Financial LLC or Moon Advance does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. Any concerns regarding any such service or resource, or any link to it, should be directed to the particular outside service or resource.
27. CONTACTING US
If you have questions regarding the Agreement or the practices of McIntyre Financial LLC or Moon Advance, please contact us by submitting a help request through the following link: mcintyrefinancial2021@gmail.com or by regular mail at 183 Saint James St, Mansfield PA 16933 717-400-5290
28. GENERAL PROVISIONS
This Agreement is the entire understanding and agreement between you and McIntyre Financial LLC or Moon Advance. This Agreement supersedes any previous Terms of Use agreement or other agreement to which you and McIntyre Financial LLC or Moon Advance may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.