PLEASE READ THE FOLLOWING SECTION CAREFULLY. IF YOU RESIDE IN THE UNITED STATES, IT REQUIRES YOU TO RESOLVE DISPUTES BETWEEN YOU AND STRIPE ON AN INDIVIDUAL BASIS THROUGH ARBITRATION, PROHIBITS YOU FROM MAINTAINING OR PARTICIPATING IN A CLASS ACTION LAWSUIT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND LIMITS THE TIME IN WHICH A CLAIM MAY BE BROUGHT. THIS SECTION OF THE TERMS SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."
Scope of Arbitration Agreement. If you reside in the United States, you agree that any and all disputes or claims that have arisen or may arise between you and Stripe or that relate in any way to the Consumer Services, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that you or we may assert claims in small claims court, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Arbitration Agreement is intended to be broadly interpreted.
IF YOU AGREE TO ARBITRATION WITH STRIPE, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, AND/OR PRIVATE ATTORNEY GENERAL LAWSUIT, WHETHER AS A NAMED OR UNNAMED CLAIMANT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST STRIPE IN AN INDIVIDUAL ARBITRATION PROCEEDING ONLY, NOT BEFORE A JUDGE OR JURY.
Informal Resolution. You and Stripe agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and Stripe therefore agree that, before either you or Stripe demand individual arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also personally attend the conference. The party initiating the dispute must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Stripe that you intend to initiate an informal dispute resolution conference, email support with attention to Link Legal, providing your name, telephone number associated with your Link Account (if any), the email address associated with your Link Account, and a description of your claim, including the amount of monetary relief (if any) you seek. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party's claims. Compliance with the informal dispute resolution conference, including your personal participation, is a requirement that must be fulfilled before commencing individual arbitration or small claims proceedings. The statute of limitations, the one-year limitations period provided herein, and any filing fee deadlines shall be tolled beginning from the date of written notice of a dispute and while the parties engage in the informal dispute resolution process required by this paragraph. If the dispute has not been resolved within 120 days of written notice having been provided, tolling shall be suspended and such periods shall resume, unless otherwise mutually agreed in writing.
Arbitration Rules and Forum.
This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, as modified by this Arbitration Agreement. For all claims in which the value of the relief sought is $10,000 or less, the AAA's Consumer Arbitration Rules, as modified by this Arbitration Agreement, shall apply without exception. For all other claims, the AAA's rules, including, as applicable, the AAA's Consumer Arbitration Rules, as modified by this Arbitration Agreement, shall apply. The AAA's Consumer Arbitration Rules are available at https://www.adr.org/Rules. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court.
At the time of commencement of an individual arbitration proceeding, in addition to complying with the procedures in the Consumer Arbitration Rules, you must send a Demand for Arbitration by certified letter to:
Attn: Legal Department
354 Oyster Point Blvd
South San Francisco, CA 94080
Stripe will send any Demand for Arbitration to you to the address we have on file associated with your Link Account; it is your responsibility to keep your address up to date. To be valid, the Demand for Arbitration must contain all information called for in the applicable Demand for Arbitration form made available by the AAA, including the email address and phone number associated with your Link Account, a description of the nature and basis of the claims you are asserting, and the specific relief sought. Mass, group, collective, or consolidated Notices of Dispute are not permitted. In addition, if you have asked a solicitor to submit your Demand for Arbitration for you, the Notice also must include your signed statement authorising us to disclose private information about you (such as your account records and transaction history) to your solicitor if necessary in resolving your claim. Your privacy is important to us and protected by law.
The individual arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Stripe may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Stripe subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Stripe may attend by telephone, unless the arbitrator(s) require(s) otherwise. Any settlement offer made by you or Stripe shall not be disclosed to the arbitrator(s).
Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organisation fees, including the timing of such payments and remedies for non-payment, shall be determined exclusively by an arbitrator, and not by any court. The arbitrator will decide the rights and liabilities, if any, of you and Stripe. Except as expressly agreed to in this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and this Arbitration Agreement, but only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall benefit and be binding among only the individual parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Stripe customers, but is/are bound by rulings in prior arbitrations involving the same Stripe customer to the extent required by applicable law as if the matter had been litigated in a court in that jurisdiction. The arbitrator shall follow the applicable law. The arbitrator's decision is final and binding on you and Stripe. In the event a monetary award is not paid within 60 days, judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Waiver of Jury Trial. YOU AND STRIPE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Stripe are instead electing to have claims and disputes resolved by arbitration, except as specified this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Waiver of Class or Consolidated Actions. EXCEPT AS EXPRESSLY AGREED TO IN THIS AGREEMENT, YOU AND STRIPE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS EXCEPT AS SET FORTH IN THIS ARBITRATION AGREEMENT. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN THIS AGREEMENT. Subject to Stripe's consent, this provision does not prevent you from participating in a class-wide settlement of claims against Stripe.
One Year Limitations Period. You agree that any claim against Stripe must be brought within one year of the date on which you first become aware, or reasonably should have become aware, of facts giving rise to such claim. You agree that this one-year limitations period is reasonable and that if you fail to provide notice of intent to initiate an informal dispute resolution conference within such time, your claim will be forever barred and may not be pursued against Stripe, either in arbitration or a court.
Opt Out. Within 30 days of first accepting the Terms of Service containing this Arbitration Agreement, you can choose to reject this Arbitration Agreement by sending us a written opt-out notice by post. The opt-out notice must be postmarked no later than 30 days after the date you accept this Arbitration Agreement for the first time. You must post the opt-out notice to:
Link │Built by Stripe
Attn: Legal Opt Out
354 Oyster Point Blvd
South San Francisco, CA 94080
or by contacting us via email at email@example.com. The opt-out notice must include your name, address, phone number, and the email address(es) used to log in to the Link Account to which the opt-out applies, and can only be submitted on behalf of yourself. You agree to maintain your own copy of any opt-out request that you mail to Stripe. Mass, group, collective, or consolidated opt-outs are not permitted. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Consumer Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have or may enter into with us. If you do not opt out of this Arbitration Agreement, but reject a future change to arbitration provisions, you agree that you will individually arbitrate any dispute in accordance with the language of this version of the Arbitration Agreement.
Severability and Survival: If, after exhaustion of all appeals, any of these prohibitions on non-individualised relief, class, collective, representative, private attorney general, or consolidated relief is found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for public injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated. This Arbitration Agreement survives any termination of the Consumer Services.
Court Proceedings. Subject to and without waiver of the Arbitration Agreement, you and we each submit to exclusive personal jurisdiction and agree that any judicial proceedings (other than small claims actions) will be brought in the federal courts of the Northern District of California or state courts located in the City and County of San Mateo, California.