ALL TERMS AND AGREEMENTS OF MOOMOO TECHNOLOGIES INC. AND MOOMOO FINANCIAL INC. ARE HEREBY INCORPORATED INTO THESE TERMS AND CONDITIONS, INCLUDING AND NOT LIMITED TO THEIR
CUSTOMER AGREEMENT,
TERMS OF USE, PRIVACY POLICY, ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS. These Terms and Conditions are governed in accordance with, and all disputes arising out of or in connection with these Terms and Conditions shall be subject to the applicable “Governing Law and Arbitration” provisions of the terms of Moomoo. These terms contain a pre-dispute arbitration clause and class action waiver. You agree with the following:
a. All parties to this Agreement are giving up their right to sue each other in court. including the right to a jury trial, except as provided by the rules of the arbitration forum in which a claim is filed.
b. Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
c. The ability of the parties to obtain documents, witness statements, and other discovery is generally more limited in arbitration than in court proceedings.
d. The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
e. The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
f. The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
g. The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement.
h. No person will bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (1) the class certification is denied; (2) the class is decertified; or (3) the client is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate will not constitute a waiver of any rights under this Agreement except to the extent stated herein. I agree that any controversy between you and your affiliates, any of their respective officers, directors, employees, or agents and me (including any of my officers, directors, employees, or agents) arising out of or relating to this Agreement, our relationship, any Brokerage Services provided by you, or the use of the App or your website, and whether arising before or after the date of this Agreement, shall be arbitrated and conducted under the provisions of the Code of Arbitration of the FINRA. If any party unsuccessfully resists confirmation or enforcement of an arbitration award rendered under this Agreement, then that party shall pay all costs, attorneys’ fees, and expenses incurred by the other party or parties in confirming or enforcing the award. Arbitration must be initiated by service upon the other party of a written demand for arbitration or notice of intention to arbitrate. Judgment, upon any award rendered by the arbitrator, may be entered into any court having jurisdiction.