Mandatory Arbitration of Disputes
You agree that any and all disputes or claims, including without limitation federal and state regulatory and statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, arising out of or relating to these Terms or the relationship between you and Fly Now Pay Later and their agents, employees, officers, directors, predecessors in interest, and successors and assigns, shall be resolved exclusively through final and binding arbitration, as set forth in this (“Arbitration Provision”), rather than in court, except that you may assert claims in small claims court, if your claims qualify.
This Arbitration Provision shall not apply to covered borrowers as defined in the Military Lending Act. This Arbitration Provision and any dispute or arbitration hereunder will be governed by the Federal Arbitration Act, federal law, and the laws of the State of Delaware; Venue section above, without regard to principles of conflict of law, including any applicable statutes of limitations. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
NOTWITHSTANDING THE FOREGOING, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST USE THE FLY NOW PAY LATER SERVICES OR OTHERWISE ACCEPT THE TERMS AFTER THE TERMS HAVE GONE INTO EFFECT (THE “OPT OUT DEADLINE”). YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FULLY COMPLETING, SIGNING AND DATING THE ARBITRATION OPT-OUT NOTICE FORM (available upon request from email@example.com)AND MAILING IT TO FLY NOW PAY LATER VIA FIRST-CLASS MAIL AT THE FOLLOWING ADDRESS: Fly Now Pay Later, 228 Park Ave S, PMB 56453, New York, New York 10003-1502 US. ANY ARBITRATION OPT-OUT NOTICE RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION OR SMALL CLAIMS COURT.
Prohibition of class and representative actions and non-individualized relie
IF YOU AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE OTHER PARTY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAMS). ANY RELIEF AWARDED CANNOT AFFECT OTHER FLY NOW PAY LATER USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, discovery is more limited, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, including monetary damages, and injunctive or declaratory relief. An arbitrator also must follow the Terms as a court would. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Arbitration Provision. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org. The arbitration shall be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone by you and/or the other party, unless the arbitrator requires otherwise. If the value of the relief sought is $10,000 or less, either you or the other party may elect to have the arbitration conducted based solely on written submissions pursuant to the AAA’s Procedures for the Resolution of Disputes through Document Submission, which election shall be binding on you and the other party subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.
Costs of arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Arbitration Provision. If the value of the relief you are seeking is $10,000 or less, the other party will pay or reimburse your filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by the other party should be submitted by mail to the AAA along with your Demand for Arbitration and the other party will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse the other party for all fees associated with the arbitration that the other party Fly Now Pay Later paid on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
IF FOR ANY REASON A DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN YOU AND THE OTHER PARTY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND THE OTHER PARTY EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
Future changes to this arbitration provision
Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Provision (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the change.