Mission Finance, Inc.

Membership Agreement - Terms and Conditions
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Effective December 1, 2020

As a Mission Finance Inc. (collectively, “Mission Finance”) member (each, a “Member” or collectively, “Members”), you are subject to these Membership Agreement - Terms and Conditions, the Website Terms and Conditions, and any other terms, conditions, or agreements governing your use of Mission Finance products or services, as applicable, all of which are incorporated herein by reference. In the event of a conflict between the Membership Agreement - Terms and Conditions on the one hand and any other terms, conditions, or agreements on the other hand, the Membership Agreement - Terms and Conditions shall govern solely with regard to the transactions contemplated herein.

PLEASE READ THIS PRIVACY AND SECURITY POLICY (hereinafter referred to as “Privacy Policy” or “Policy”) CAREFULLY. THIS POLICY DESCRIBES THE WAYS MISSION FINANCE, INC. (referred herein as “we”, “us”, “our”) OR OUR AFFILIATES COLLECT, PROTECT, USE AND STORE YOUR PERSONAL INFORMATION. YOU ACCEPT THIS PRIVACY POLICY BY USING OUR PRODUCTS AND SERVICES (COLLECTIVELY “SERVICES”) ON OUR WEBSITE OR THROUGH ANY OTHER MEANS.

We may amend this Policy at any time by posting a revised version on our website (“the Site”). We will attempt to give a reasonable notice period upon making any changes; however, unless otherwise stated, the revised version will be effective at the time we post it. This Privacy Policy is incorporated into the Terms of Use by this reference.

We may amend these Membership Agreement - Terms and Conditions from time to time, by posting the amended Membership Agreement - Terms and Conditions on this page. We may also post a prominent notice of material changes to these Membership Agreement - Terms and Conditions on the home page of the Mission Finance website. Any changes to these Membership Agreement - Terms and Conditions will be effective immediately for new Members; otherwise these changes will be effective upon thirty (30) calendar days following our posting of a notice on our Site. Accordingly, you should check this page regularly for any updates to these Membership Agreement - Terms and Conditions. Continued possession or use of your Membership following notice of such changes shall indicate your acknowledgment of, and agreement to be bound by, such changes. Except as provided in this Section, no amendment to these Membership Agreement - Terms and Conditions will be valid.

Membership, Communication, Reimbursements and Other Policies

Membership Eligibility

The Primary Member is an individual with whom Mission Finance has established the membership and whose name appears first on the membership record (“Primary Member”). Primary Members must be at least 18 years old. One (1) Primary Member is allowed per Membership account. All applications for, and renewals of, Membership are subject to acceptance by Mission Finance. Primary Members must meet Program eligibility criteria related to US military service status, retirement, separation, and/or discharge.

Membership Renewal Policy

Your renewal dues are payable on the day your Membership expires. Upon expiration, Members are granted a “Temporary Waiver Period” up to 30 days, during which time you can pay your renewal fee and maintain your original Membership inception year and renewal date. If you pay the renewal fee within the Temporary Waiver Period, your Membership will continue uninterrupted.

You must notify us if you’d like to cancel your Membership. If you elect to cancel your Membership, or let it lapse at the end of the Temporary Waiver Period, your Membership will be deemed terminated as of such date. If you later decide to rejoin Mission Finance, you will need to purchase a new Membership, and that Membership will have a new inception year and renewal date as of the new purchase date.

Consent to Communications

By accepting these Membership Agreement - Terms and Conditions, you are providing us your express written permission and consent authorizing us and our contractors or our agents to contact you at any phone number (including mobile, cellular, wireless, or similar devices) or email address you provide at any time, for any lawful purpose. The ways which we may contact you include live operator, automatic telephone dialing systems (auto-dialer), pre-recorded message, text/SMS messages or email. Such lawful purposes include, but are not limited to: obtaining information; Member verification, activation, and identification purposes; account transactions or servicing related matters; suspected fraud or identity theft; collection on the Membership Account; and providing information about special products and services. You agree to pay any fee(s) or charge(s) that you may incur for incoming communications from us or outgoing communications to us, to or from any such number or email address, without reimbursement from us.

Cancellation Policy

Mission Finance reserves the right to charge back, or cancel Memberships at any time if the Primary Member is found to be in violation of this Membership Agreement - Terms and Conditions.

Charge backs may include any reasonable administrative, processing or service fees arising from such an attempted violation or for services rendered. Members who have enrolled in auto-renewal may be charged directly using the credit card on file.

In addition, Mission Finance may terminate Members for the following reasons:

• Unpaid dues
  
• Inappropriate or illegal conduct including but not limited to: committing or threatening violence or being abusive to Mission Finance employees, contractors or other Mission Finance representatives;
  destroying/vandalizing property of Mission Finance or its representatives; or misrepresenting their identity or providing false and/or misleading information at the time of enrollment or request for service;
  
• Using the Membership for any reason deemed harmful to the welfare, standing or best interest of Mission Finance or the Membership as a whole, including but not limited to using the Membership benefits for inappropriate use.
  

Cancellation and Refund Policy

Members may cancel their Membership, without any penalty or obligation if no Mission Finance Service is used, within seven (7) business days from the first date of Membership enrollment. After seven (7) business days from the first date of Membership enrollment, Members may qualify for a prorated refund if no Mission Finance Service was utilized.

To the extent allowable by law, Members will not be entitled for a prorated refund if:

• A Member uses any Mission Finance Service during the Membership year; or
  
• The Member is terminated for cause
  

Refunds may take up to 30 days to process.

Changes in Membership and Refund Policy

A Primary Member may downgrade his or her Membership at any time. If a Member downgrades the Membership, the Member may qualify for a prorated refund for the difference in dues paid for the original Membership and the dues that would have been paid for the downgraded Membership for the Membership year during which the Membership is downgraded.

Refunds may take up to 30 days to process.

PLEASE READ THIS PROVISION OF THE TERMS CAREFULLY.

This section provides that all disputes between you and us shall be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. This section is made pursuant to a transaction involving interstate commerce, shall be governed by the Federal Arbitration Act (FAA), and shall be interpreted in the broadest way the law will allow.

Arbitration Limits

Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter remains in small claims court.

If you assert a Claim against us, we will arbitrate all actions, including actions to collect a debt from you. You will also be obligated to arbitrate on an individual basis Claims brought against you, including Claims to collect a debt.

Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any Claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, then neither you or Mission Finance may pursue a Claim as part of a class action or other representative action. Claims of two (2) or more persons may not be combined in the same arbitration.

Arbitration Fees and Costs

We will pay, or reimburse you for, all costs and fees paid to the arbitration Administrator to the extent required by law or the rules of the arbitration Administrator. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, except that (a) the arbitrator shall apply any applicable law in determining whether a party should recover any or all expenses from another party, (b) the arbitrator shall require you to pay us collection costs and attorneys’ fees, including our in-house attorneys’ costs, that we incur in connection with any Claims brought against you to collect a debt, and (c) the arbitrator may assess attorneys’ fees and costs against a party upon a showing by the other party that the first party’s claim(s) or conduct was frivolous or pursued in bad faith or solely for purpose of multiplying the arbitration proceedings unreasonably or vexatiously.

Miscellaneous

These Terms shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Notwithstanding the foregoing, Mission Finance will have the right to seek preliminary injunctive relief immediately and without first going through the arbitration process set forth above to protect its intellectual property or confidential or proprietary information.

Unless it is submitted to arbitration as set forth above, any other dispute must be brought in a federal or state court located in San Francisco, California, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding.

Use of our Site is not permitted in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. The provisions of these Terms will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provision. In addition, if any provision of these Terms, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties.

Any failure on our part to enforce any of our rights under the Terms or applicable laws shall not constitute a waiver of such right.

You may not assign or transfer these Terms or your rights or obligations under these Terms without the prior written consent of Mission Finance, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms.

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of your use of the Site.

Our performance under these Terms is subject to existing laws and legal process. We will comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mission Finance with respect to such use.

The Terms (together with any additional terms applicable to specific Services you use) constitute the entire agreement between you and us with respect to our Site and Services. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Site and Services. In the event of a conflict between these Terms and any other applicable terms applicable to specific Services you use, those other applicable terms shall control.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact. You may contact us at hello@mission.app with any questions or concerns.