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Welcome to 21 Money IQ™
Last updated August 2024
21 Money IQ, LLC (“21 Money IQ™,” “we,” “us,” “our”) provides its services (described below) to you through its website located at 21moneyiq.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please be advised: These Terms of Service contains provisions that govern how claims between you and 21 Money IQ™ can be brought (SEE THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION BELOW). These provisions will, with limited exception, require you to: 1) waive your right to a jury trial, and 2) submit claims you have against 21 Money IQ™ to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and 3) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. Please review The Dispute Resolution by Binding Arbitration section (below) for further details and your options.
When using certain aspects of the Services or using certain Services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, our Privacy Policy and Community Standards. All such terms are hereby incorporated by reference into these Terms of Service.
The Services consist of an online platform through which School personnel and Parent(s) may purchase Classes for the benefit of their Learner(s). While 21 Money IQ™ strives to uphold Community Standards, you acknowledge and agree that: (1) 21 Money IQ™ provides an online platform to facilitate the purchase, sale, and provision of Classes, (2) 21 Money IQ™ is not a broker, agent, or insurer, and (3) 21 Money IQ™ disclaims all liability for the conduct of Parents, School personnel, or any other Users of the Site.
Key Terms
“User(s)” “you” or “your” means a person, organization, or entity using the Services, including Learner(s), Parent(s), School personnel, and members of the public.
“Parent(s)” means a parent or legal guardian who completes 21 Money IQ™’s account registration process to purchase Classes on the Site for the purpose of enrolling their child.
“School personnel” means a person who completes 21 Money IQ™’s account registration process to purchase Classes on the Site for the purpose of enrolling their school and their students.
“Learner(s)” means a child coursing academic work for 3rdgrade, 4th grade, 5th grade, 6th grade, 7thgrade, or 8th grade who is a registered 21 Money IQ™’s account user after registration from their Parent(s) or School personnel.
“Class(es)” means any financial literacy online instructional content for learners in 3rd grade, 4th grade, 5thgrade, 6th grade, 7th grade, or 8th grade offered by 21 Money IQ™ for sale on the Site.
Access and Use of the Service
Services Description: 21 Money IQ™ ’s Service is an online platform for 3rd grade, 4th grade, 5thgrade, 6th grade, 7th grade, or 8th grade financial literacy classes, designed for Parents and School personnel to access financial literacy Classes for the benefit of their Learner(s). As the provider of an online platform, 21 Money IQ™ owns, sells, controls, and manage all Classes. Content for Classes and Learner(s) workbooks has been developed by the NFEC: National Financial Educators Council. 21 Money IQ™'s responsibilities are limited to: (i) providing the Site as an online platform to facilitate the sale, purchase, and access to Classes. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While 21 Money IQ™ strives to provide a safe and welcoming environment for its Users, you agree that all of these risks are ultimately borne by you, and not 21 Money IQ™. 21 Money IQ™ does not control the behavior of Users, only the quality of the Classes. As a result of the NFEC creation of content for Classes and Learner(s) workbooks, 21 Money IQ™ cannot guarantee the authenticity, quality, safety, legality, and appropriateness of content in the Classes.
Your Registration Obligations: You will be required to register with 21 Money IQ™ in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent and you provide your consent to your child's use of the Service, then you agree to be bound by these Terms of Service with respect to your child’s use of the Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify 21 Money IQ™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. 21 Money IQ™ will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: 21 Money IQ™ reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 21 Money IQ™ will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that 21 Money IQ™ may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on 21 Money IQ™’s servers on your behalf. You agree that 21 Money IQ™ has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that 21 Money IQ™ reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that 21 Money IQ™ reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Community Standards: When you join the 21 Money IQ™ community, you agree to follow our policies, including our Community Standards. Those expectations include thoughtful and professional communications with all users and members of the 21 Money IQ™ team. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner. Inappropriate behavior in any 21 Money IQ™-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that 21 Money IQ™, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on 21 Money IQ™’s behalf without prior written authorization from 21 Money IQ™; posts that 21 Money IQ™, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition, veteran status, or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, teachers, parents, or 21 Money IQ™ team members, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of learners, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to 21 Money IQ™’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of users and learners; and any other violation of 21 Money IQ™’s community standards.
Payment Terms
General: Each Parent agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Site. School personnel will abide by a separate and unique contract. All Enrollment Fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income. Parent hereby authorizes 21 Money IQ™ to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let 21 Money IQ™ know within sixty (60) days after the date that 21 Money IQ™ charges you.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by 21 Money IQ™. 21 Money IQ™ reserves the right to investigate and take appropriate legal action against anyone who, in 21 Money IQ™ ’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by 21 Money IQ™, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by 21 Money IQ™ from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of 21 Money IQ™, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by 21 Money IQ™.
The 21 Money IQ™ name and logos are trademarks and service marks of 21 Money IQ™ (collectively the “21 Money IQ™ Trademarks”). Other 21 Money IQ™ , product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to 21 Money IQ™. You should not interpret anything in these Terms of Service or the Service to mean that 21 Money IQ™ is in any way explicitly or implicitly giving you any license or right to use any of 21 Money IQ™ Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of 21 Money IQ™ Trademarks is only for 21 Money IQ™’s exclusive benefit.
Third Party Material: Under no circumstances will 21 Money IQ™ be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that 21 Money IQ™ and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, 21 Money IQ™ and its designees will have the right to remove any content that violates these Terms of Service or is deemed by 21 Money IQ™, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you email or upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and 21 Money IQ™ does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give 21 Money IQ™ a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to 21 Money IQ™ are non-confidential and 21 Money IQ™ will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that 21 Money IQ™ may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 21 Money IQ™, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: 21 Money IQ™ respects the intellectual property of others, and we ask our users to do the same on behalf of 21 Money IQ™. 21 Money IQ™ will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to 21 Money IQ™’s Copyright Agent at info@21moneyiq.com (Subject line: “DMCA Takedown Request”). You can instead send a post-marked typed letter to our address at: 1718 Capitol Avenue, Cheyenne, Wyoming 82001.
To be processed, the notification must be in writing and contain the following information:
Each notice shall be limited to no more than ten individual claims. If said notice includes more than the max number of claims, 21 Money IQ™ will only address the first ten in such notice.
Third Party Websites
The Service may provide links or other access to other sites and resources on the Internet. 21 Money IQ™ has no control over such sites and resources and 21 Money IQ™ is not responsible for and does not endorse such sites and resources, with the exception of the NFEC site. You further acknowledge and agree that 21 Money IQ™ will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that 21 Money IQ™ is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and 21 Money IQ™’s use, storage and disclosure of information related to you and your use of such services within 21 Money IQ™ (including, but not limited to, your friend lists), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and 21 Money IQ™ shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
In addition, 21 Money IQ™ is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, 21 Money IQ™ is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. 21 Money IQ™ enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold 21 Money IQ™ and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 21 MONEY IQ™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 21 MONEY IQ™ MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 21 MONEY IQ™ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS ON THE SITE OR SERVICE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 21 MONEY IQ™ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 21 MONEY IQ™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL 21 MONEY IQ™’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID 21 MONEY IQ™ IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and 21 Money IQ™, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and 21 Money IQ™ are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND 21 MONEY IQ™ AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS AGREED TO BY 21 MONEY IQ™, THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE FOREGOING, ONE (1) ARBITRATOR MAY BE APPOINTED TO OVERSEE CONSOLIDATED CLAIMS BROUGHT BY MORE THAN ONE PERSON OR PARTY. ALSO, 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 CLAIM(S).
Nothing in this Paragraph or in this Arbitration Agreement more generally is intended to waive non-waivable rights under the Private Attorneys General Act, Cal. Lab. Code § 2698 et seq. Pre-Arbitration Dispute Resolution: 21 Money IQ™ is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@21moneyiq.com with the subject line: Customer Concern. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to 21 Money IQ™ should be sent to 21 Money IQ, LLC., 1718 Capitol Avenue, Cheyenne, Wyoming 82001 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If 21 Money IQ™ and you do not resolve the claim within ninety (90) calendar days after the Notice is received, you or 21 Money IQ™ may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by 21 Money IQ™ or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or 21 Money IQ™ is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org/. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless 21 Money IQ™ and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, 21 Money IQ™ agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Opt out: You have a limited right to opt out of this Arbitration Agreement (excluding choice of governing law and forum as specified in the General section below). Specifically, if you are a new user of our Services, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms of Service during the account creation process. To opt out, you must send a timely email to info@21moneyiq.com under the subject: arbitration, with your name, the email address for your account, and your username, and a request to opt out of arbitration. If you validly opt out, neither 21 Money IQ™ nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms of Service (and any other agreements between us) will otherwise apply to you. Unless material changes are made to the arbitration provisions.
21 MONEY IQ™
email: info@21moneyiq.com
Copyright © 2024 21 Money IQ - All Rights Reserved.
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