1. Eligibility; Privacy
The products and services offered through our Site are not available to persons under the age of 18 or to persons who are not legal residents of the United States, by visa or otherwise. BY CLICKING ANY BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE MISSION LANE SITE YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.
2. Registration: Accountholder Responsibilities
Certain areas of the Mission Lane website and the mobile application are accessible only to registered accountholders. In order to access the registered-accountholder-only areas of missionlane.com or to use our mobile application, you will need the username and password you have created. You acknowledge that use of a username and a password is an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your username and password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of your neglect to maintain the strict confidentiality of your username and password, and (4) promptly informing Mission Lane in writing of any need to deactivate a username due to security or other concerns. Mission Lane is not liable for any harm related to the theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use missionlane.com using your username or password. You must immediately notify Mission Lane of any unauthorized use of your username or password and any breach of confidentiality. Until Mission Lane receives this notification from you, you will be held liable for any harm ensuing from the use of your username on missionlane.com.
3. Consent to Be Contacted by Telephone, Email or Postal Mail
By providing your contact information to us, you are expressly consenting and authorizing us to contact you by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.
In connection with your Mission Lane credit card or other product, we may need or want to contact you from time to time in connection with your account or any product or service for which you have begun or completed the application process. By registering for a Mission Lane account or beginning an application on our Site for any product or service, (i) you consent and authorize us to contact you by written notices, email messages, text application on our Site for any product or service, (ii) you consent and authorize us to contact you by written notices, email messages, text messages, or telephone, and, (iii) in connection with any such telephone calls, you consent and authorize us to the use prerecorded/artificial voice messages and/or automatic dialing devices, at any telephone number associated with your Mission Lane account, including mobile telephone numbers that could result in charges to you, or at any email address or mailing address we have for you in our records or from other public and nonpublic databases we may lawfully access. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and contact information for you.
4. Intellectual Property
The Site, all content, any materials downloaded, and all intellectual property pertaining to or contained on our Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks and service marks) are owned by Mission Lane or third parties; all right, title and interest therein shall remain the property of Mission Lane and/or such third party owner, as applicable. All content is protected by trade dress, copyright, patent and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on the Site for the purpose of transacting business with Mission Lane. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit this Site, or any portion of the Site for any public or commercial use without the express written consent of Mission Lane. Additionally, you agree that you (i) will not remove or alter any author, trademark or other proprietary notice or legend displayed on this Site (or printed pages produced from this Site), and (ii) will not make any other modifications to any documents obtained from this Site other than in connection with completing information required to transact business with Mission Lane.
5. Use of Information and Materials
The information and materials contained in the Site, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of the Site and systems, including but not limited to unauthorized entry into Mission Lane’s systems, misuse of passwords, or misuse of any information posted on the Site, is strictly prohibited. Not all products and services may be available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Mission Lane and/or its affiliates.
Mission Lane provides a credit card bill payment service through the Site. To be eligible to use the bill payment service, you agree that you will only use the service to send bill payments on your own behalf and will not use the bill payment service as an agent, guardian, conservator or guarantor for any other person or entity. You warrant that you are authorized, permitted and have full right to use the Site to make payments and that such payments via the Site or otherwise do not violate any applicable law, regulation, or court order.
In order to use the bill payment service, Mission Lane may request that you provide us with your other service provider account information and any other information necessary for us to access your accounts with such service providers. By initiating a payment through the bill payment service, you authorize Mission Lane to charge the account that you designate as the account from which the bill payments should be withdrawn. You agree to maintain a balance in the specified account that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize Mission Lane to charge the account for payments you initiate using the bill payment service. You will indemnify and hold harmless Mission Lane (and its parent company, affiliates, directors, officers, employees, agents, counsel, successors and assigns, and issuing bank partner(s)) from and against (i) any claims by any third party, including, but not limited to, any service provider, or other owner or user of the account(s), related to Mission Lane’s access to the account(s) and (ii) any and all losses, claims, suits, actions, costs, damages, liabilities, and expenses (including reasonable attorney’s fees) arising out of your violation of any law, regulation, or court order.
7. NO WARRANTY
THE INFORMATION AND THESE MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS, PAYMENT SERVICES, OR OTHER ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MISSION LANE DOES NOT WARRANT THE ACCURACY, ADEQUACY, RELIABILITY, OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. DUE TO THE AVAILABILITY OF THE SITE ON MOBILE DEVICES, MISSION LANE DOES NOT WARRANT THAT ACCOUNT BALANCE AND PAYMENT INFORMATION AS DISPLAYED ON THE SITE SHALL ALWAYS BE CURRENT. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. THERE ARE NO WARRANTIES OR LIABILITY WITH RESPECT TO THE OPERATION OF THE SITE, OR THAT THE SITE WILL MEET YOUR NEEDS OR BE CORRECT, ACCURATE, TIMELY, RELIABLE, FREE FROM ERRORS OR DEFECTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE, ITS SERVERS, OR THE MOBILE APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL MISSION LANE BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, EXEMPLARY, LIQUIDATED, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF MISSION LANE OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
All information submitted to Mission Lane via the Site shall be deemed and remain the property of Mission Lane, and Mission Lane shall be free to use, for any purpose, any idea, concept, know-how or technique contained in information a visitor to this Site provides Mission Lane through this Site. Mission Lane shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed in writing by Mission Lane or as otherwise specifically required by law.
The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
11. Additional Terms
Certain sections or pages on this Site may contain additional terms and conditions (“Additional Terms”). In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Mission Lane works hard to offer you products and services that it believes to be useful and reliable; however, Mission Lane does not provide, endorse, or guarantee these unaffiliated third-party products, services, or information nor does it guarantee their accuracy. Mission Lane is not liable for any third party’s failure with regard to such advertised products, services, and information.
12. Dispute Resolution and Arbitration
Any arbitration between you and Mission Lane will be governed by the FAA, the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Any decision of the arbitrator will be (a) a final and non-appealable determination of the matter, (b) binding upon each of the parties, and (c) enforceable by any court of competent jurisdiction.
You and Mission Lane agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our product or services, or address an intellectual property infringement claim.
WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND MISSION LANE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
13. Users Outside of the United States
Certain Mission Lane products may only be available in some states in the United States. You may not use or export or re-export any portion of the Site in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. Mission Lane makes no representation that the documents, pages, images or other materials or content on the Site are appropriate or available for use in jurisdictions outside the United States.
Mission Lane is not directed at children under the age of thirteen years old. Mission Lane does not knowingly collect personal information from children under thirteen years old from the Site.
15. Governing Law