Authorized Use: The Website and Service are available only to individuals who can enter into legally binding contracts under applicable law. If you are a Website visitor ('Visitor'), you may use the Website in order to obtain information about Merit Platinum and the Service and to apply for a Merit Platinum Account. Visitors are not authorized to access any content and/or data available to those individuals that are Merit Account holders.
License Grant: As a Visitor to the Website or a Merit Account holder, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website (and its associated content), the Service and/or a Merit Account in accordance with this Agreement. We may terminate this license at any time for any reason. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website, the Service and/or a Merit Account may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website (and its associated content), the Service, your Merit Account and/or any portion thereof. We reserve any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, the Service and/or your Merit Account. You may not take any action that imposes an unreasonable or disproportionately large load on the Merit Platinum infrastructure. Your right to use the Website, the Service and/or your Merit Account including, without limitation, your Login, is non-transferable. Access to, and use of, your Merit Account and the Service is made through your Login information. Your Login must be kept strictly confidential. For security reasons, We will not release passwords for any reason, other than to the applicable Merit Account holder, except as may be specifically required by law or court order. Unauthorized access to the Website, the Service and/or a Merit Account is a breach of this Agreement and a violation of applicable law.
Proprietary Rights: The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website, the Service and/or your Merit Account are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution and/or publication by you of any part of the Website, the Service and/or your Merit Account are strictly prohibited. You do not acquire ownership rights to any content, document, software, service or other materials viewed at or through the Website, the Service and/or your Merit Account. The posting of information or material at the Website and Service by us does not constitute a waiver of any right in such information and/or materials.
Privacy Policy: Use of the Website, the Service and/or your Merit Account is subject to our Privacy Policy, which is hereby incorporated into, and made part of, this Agreement. We reserve the right, and you authorize us, to use and assign all information regarding your Website, Service and Merit Account use, and any and all other personal information provided by you, in any manner consistent with our Privacy Policy, which is hereby made a part of this Agreement.
Editing, Deleting and Modification: We reserve the right, in our sole discretion, to edit and/or delete any documents, information or other content appearing on the Website, the Service and/or your Merit Account at any time, without notice to you.
Indemnification: You agree to indemnify, defend and hold us, our owners, and each of our respective officers, partners, members, employees, agents and attorneys (each a 'Covered Party'), harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys' fees, administrative costs and/or settlement costs) arising from your breach of this Agreement and/or your use of the Website, the Service and/or your Account, in any manner whatsoever.
Disclaimers and Limitations: THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COVERED PARTIES ARE NOT LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE, THE SERVICE, YOUR ACCOUNT AND ANY MERCHANDISE OBTAINED THROUGH THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN AN ELECTRONIC FILE AVAILABLE AT THE WEBSITE AND/OR THROUGH THE SERVICE IS DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED, OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE WEBSITE, THE SERVICE AND/OR YOUR ACCOUNT IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL. OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE LOWEST PURCHASE PRICE THAT YOU HAVE PAID FOR ANY SINGLE PIECE OF MERCHANDISE AT THE WEBSITE AND/OR THROUGH THE SERVICE. NOTWITHSTANDING THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU FOR ANY SERVICE, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR SERVICE.
Third Party Websites: The Website may provide, and/or third parties may provide, links to other Internet websites and/or resources. Because we have no control over such third party websites and/or resources, you hereby acknowledge and agree that Merit Card Services™ is not responsible for the availability of such third party websites and/or resources. Furthermore, Merit Card Services™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising there from.
Equipment: You shall be responsible for obtaining and maintaining all telephone, computer hardware and any other equipment needed to access and/or use the Website, the Service and/or your Account, as well as any and all charges related thereto.
This Arbitration Provision ("Provision" or "Arbitration Provision") facilitates the prompt and efficient resolution of any disputes that may arise between you and Reliant Holdings, Inc., a Pennsylvania Corporation d/b/a Horizon Card Services and/or d/b/a Merit Card Services and/or operating under any other trade name or d/b/a of Reliant Holdings, Inc. (hereinafter "us", "our", "Horizon" or "we" as appropriate). Arbitration is a form of private dispute-resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (an arbitrator) for a binding decision. You have the right to opt out of this Arbitration Provision if you follow the instructions set out in the paragraph titled "Right to Opt Out" below.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT, EXCEPT WHERE PROHIBITED BY LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO (i) YOUR USE OR ATTEMPTED USE OF ANY WEBSITE OF OURS; (ii) THE TERMS & CONDITIONS/TERMS OF USE OF OUR WEBSITES; (iii) THE PRIVACY POLICY; (iv) ANY APPLICATIONS OR SUBMISSIONS FROM YOU TO US; (v) ANY TELEMARKETING OR OTHER CALL OR MESSAGE (INCLUDING BUT NOT LIMITED TO SMS/TEXT MESSAGES) YOU HAVE OR CLAIM TO HAVE RECEIVED FROM US OR ONE OF OUR PARTNERS;(vi) ANY E-MAIL YOU CLAIM TO HAVE RECEIVED FROM US OR ONE OF OUR PARTNERS; (vii) ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US; (viii) THE CREDIT CARD CONTRACT AND/OR (ix) OR ANY OTHER DISPUTE OR CLAIM BETWEEN YOU AND US ( HEREINAFTER COLLECTIVELY KNOWN AS "CLAIM") SHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY AND/OR TO PARTICIPATE IN OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING, BUT NOT LIMITED TO, CLASS ACTIONS). EXCEPT AS OTHERWISE PROVIDED, ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO LITIGATE CLAIMS IN COURT BEFORE A JUDGE OR JURY. YOU ALSO ACKNOWLEDGE AND AGREE THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY RIGHTS AND/OR THE RIGHT TO APPEAL ARE LIMITED IN ARBITRATION OR MAY NOT EXIST.
RIGHT TO OPT OUT: To opt out of this Arbitration Provision, you must mail a written notice to us so that it is postmarked no later than 45 days after the earliest in time of the following triggering events: (a) after your application, submission or purchase is initiated; (b) you consent to the Privacy Policy or Terms and Conditions; (c) your use or attempted use of any of our or our partners websites; (d) your submission of an application (whether partial, incomplete, complete or otherwise) to us; (e) your submission or providing express written consent to us to receive e-mail(s), telephone call(s) (including SMS/MMS/Text Messages) or to receive any other information from us or our partners; or (f) signing up for or inquiring about an offer, deal or promotion from us; or (g) activation of your membership. If we approve your application; you will receive an e-mail confirming your application approval. The application approval is your activation of membership date. If you opt out of this Arbitration Provision, you will retain your right to litigate your dispute in a court, either before a judge or jury. The opt out notice must include your name, address, and Account number, must be signed by you (or all of you if there is more than one Account holder) and must be mailed to us at: Horizon Card Services, Attn: Compliance Department PO Box 1275, Indiana, PA 15701. If your written notice is not postmarked within 45 days of the earliest triggering event listed above in this paragraph, your right to opt out will terminate, and you agree that the terms of this Provision will apply. Your decision to opt out of this Provision will not affect your other rights or responsibilities under this Credit Card Contract. If we later amend this Provision, we will let you know if you can opt out of that amendment and, if so, how you can do so.
Parties and Matters Subject to Arbitration: For purposes of this Provision, "we" and "us" include our employees, parent companies, subsidiaries, affiliates, beneficiaries, agents and assigns and other persons and entities you assert a Claim against in connection with a Claim you assert against us. "Claim" shall refer to claims of every kind and nature, including, but not limited to, initial claims, counterclaims, cross- claims and third-party claims. All Claims are subject to arbitration, regardless of legal theory and remedy sought, including, but not limited to, claims based in contract, tort (including negligence, intentional tort, fraud and fraud in the inducement), agency, statutory law (federal and state), administrative regulations or any other source of law (including equity). Notwithstanding the foregoing, the word "Claim" does not include any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof; all such disputes or controversies are for a court and not an arbitrator to decide. However, any dispute or controversy that concerns the validity or enforceability of the Credit Card Contract as a whole is for the arbitrator, not a court, to decide.
Agreement to Arbitrate: Any Claim shall be resolved and settled exclusively and finally by binding arbitration, in accordance with this Provision. Binding arbitration shall not be required, however, for collection actions we bring in court if you default on your Credit Account as set forth in the Credit Card Contract. Furthermore, both you and we retain the right to pursue in a small claims court (or your state's equivalent court) any Claim that is within that court's jurisdiction, so long as the matter remains in such small claims court and advances only on an individual (non-class, non-representative) basis. For any Claims covered by this Provision, a party who asserted a Claim in a lawsuit in small claims court may elect arbitration with respect to any Claim subsequently asserted in that or any related or unrelated lawsuit by any other party.
Class Action Waiver: If a Claim is arbitrated, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with Claims of any other persons. An award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the Claim(s) in arbitration, and shall not (i) 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 (ii) make an award for the benefit of, or against, anyone other than a named party. No arbitration administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section, 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 Class Action Waiver shall be determined exclusively by a court and not by the administrator or any arbitrator. Thus, you agree that UNDER THIS ARBITRATION PROVISION THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE LITIGATED IN COURT OR ARBITRATED ON A CLASS BASIS. Arbitration will only be conducted on an individual Claim basis and there is no right or authority to consolidate or join any of your Claims with any other Claims. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS PROVISION.
Voluntary Waiver of the Right to a Jury Trial: As a result of this Provision, neither you nor we have the right to litigate any Claim in court or the right to a jury trial on any Claim, except as provided above. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT OR TO HAVE A JURY TRIAL.
Governing Law: This agreement to arbitrate is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. ยงยง 1-16, as it may be amended. If for any reason the Federal Arbitration Act does not apply, the substantive law of the State of Pennsylvania shall govern this Provision.
Arbitration Location and Procedure: Any arbitration hearing at which you wish to appear will take place at a location within the federal judicial district that includes the physical address where you reside at the time the Claim is filed. The party bringing the Claim may file its Claim at the American Arbitration Association ("AAA"), or an arbitration organization mutually agreed upon by the parties. The arbitration organization that is selected will administer the arbitration pursuant to its procedures in effect at the time of filing, subject to this Provision. If you do not agree to file your claim with AAA, and the parties cannot agree on an alternative arbitration organization, an arbitrator will be appointed by a court pursuant to the Federal Arbitration Act. In the event of a conflict or inconsistency between the respective organization's rules and this Provision or the Credit Card Contract, this Provision shall govern. The arbitration will be conducted before a single arbitrator, whose authority is limited solely to individual Claims between you and us. The arbitration will not be consolidated with any other arbitration proceeding. Any decision rendered in such arbitration proceeding will be final and binding on the parties, except for any appeal rights under the FAA, and judgment may be entered in a court of competent jurisdiction. The rules and forms of AAA may be obtained as follows: American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y. 10271, website at www.adr.org.
Arbitrator's Authority: The arbitrator shall apply the applicable substantive law, consistent with the Federal Arbitration Act; shall apply statutes of limitation; and shall honor claims of privilege recognized at law. In conducting the arbitration proceeding, the arbitrator shall not apply any federal or state rules of civil procedure or evidence. THE RULES AND PROCEDURES OF THE AAA OR OTHER ARBITRATION ORGANIZATION WILL GOVERN THE RIGHT TO ENGAGE IN PRE-ARBITRATION DISCOVERY. Either party may, however, request to expand the scope of discovery. If a request is made, within 15 days of the requesting party's notice, the objecting party may submit objections to the arbitrator with a copy of the objections provided to the party requesting expansion. The grant or denial of a party's request will be in the sole discretion of the arbitrator, who shall notify the parties of the final decision within 20 days of the objecting party's submission.
The Arbitrator's Award: The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts), attorneys' fees and costs and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim). At the timely request of either party, the arbitrator shall write a brief explanation of the grounds for the decision. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No arbitration award between you and us will have any impact on any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award between us and any other person have any impact to an arbitration between you and us.
Expenses: We will pay all expenses of arbitration, including the filing, administrative, hearing and arbitrator's fees ("Arbitration Fees"), to the extent that the Arbitration Fees exceed the amounts you would be required to pay for filing a lawsuit in state or federal court, whichever is less. If you have already paid a court filing fee, you will not be required to pay it again. Throughout the arbitration, each party shall bear his or her own attorney fees and expenses, such as witness and expert witness fees. If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees you paid to the arbitration organization in connection with the arbitration. The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the administrator's rules or applicable law. With respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or if we must bear such fees and costs in order for this Arbitration Provision to be enforced.
Survival of this Provision:
This arbitration provision shall survive:
Dated: September 8, 2022