By clicking "Accept" or "I Agree" and proceeding with payment, you ("Customer," "you," or "your") agree to be bound by these Payment Terms and Conditions ("Terms") between you and Cresco Capital, Inc. (“Cresco”)/Red Rock Capital, LLC (“RRC”)/Lone Mountain Truck Leasing, LLC (“LMTL”)(Collectively shall be referred to as "Company," "we," "us," or "our").
1. Your Rights and Obligations
(a) THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
(b) THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
(c) BY MAKING A DOWN PAYMENT, LEASE PAYMENT, PAYMENT FOR PRODUCTS, OR PAYMENT FOR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. FOR PURPOSES OF THIS AGREEMENT, THE TERM “SERVICES” or “SERVICE” INCLUDE, BUT IS NOT LIMITED TO, ALL FUNCTIONS THAT RELATE IN ANY WAY TO OUR MANAGEMENT OF YOUR LEASE AGREEMENT AS THE LESSOR/OWNER. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF ANY ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
(d) YOU MAY NOT INITIATE PAYMENT FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH CRESCO CAPITAL/RED ROCK CAPITAL/LONE MOUNTAIN TRUCK LEASING, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
(e) These Terms apply to the purchase and sale of products and services through www.lonemountaintruck.com (the “Site”). These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to these terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product, service, or making any payment through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
(f) These terms are an integral part of the Website Terms of Use that apply generally to the use of our site.
2. Payment Authorization By accepting these Terms and submitting your payment information, you expressly authorize us to charge the payment method provided for the amount specified on the payment page. This authorization constitutes your explicit consent to the transaction and acknowledgment that you are the authorized holder or user of the payment method. By authorizing payment, you represent and warrant that (i) all payment and personal information provided is true, accurate, current, and complete, (ii) you are the authorized user of the payment method provided, (iii) you have sufficient funds or credit available to complete the transaction, and (iv) you are legally authorized to enter into this agreement.
3. Fees and Charges. The total amount charged will be clearly displayed on the payment page before acceptance. A $20 processing charge will be itemized. Your financial institution may charge additional fees which are not controlled by the Company.
4. Payment Link Validity. The payment link provided to you is for single use and will expire after 10 minutes. The link is confidential and should not be shared with others. The link is valid only for the specific transaction amount indicated. Expired or invalid links cannot be used for payment. It is your responsibility to ensure that all payments are successfully completed.
5. Order, Acceptance, and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. This includes, but may not be limited to, the down payment due under any applicable agreement between you and the Company using the Company’s Site. All orders must be accepted by us, and we are not obligated to sell the products or services or otherwise accept payment. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the order. Unless otherwise required by law, or expressly stated in a separate agreement, once the Company elects to accept any payment made, all payments become final and are non-refundable. You may not cancel or reverse a payment once accepted. Any refund requests must be submitted in writing to the Company and are subject to our sole discretion.
6. Disputes and Chargebacks By accepting these Terms, you agree to contact us directly to resolve any concerns or disputes regarding your payment before initiating a chargeback or dispute with your financial institution. Unauthorized chargebacks may result in suspension or termination of services, additional fees to cover chargeback costs, collection action for any amounts owed, or legal action for fraudulent disputes. Should Company be harmed, or incur fees of any kind, by your failure to contact us directly than you agree to indemnify and defend Company as outlined in Section 8 of this Agreement.
7. Compliance with Laws You agree to comply with all applicable laws and regulations in connection with your use of this payment system, including but not limited to anti-money laundering laws and regulations governing international transactions.
8. Limitation of Liability.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT [OR LOSS OF DATA OR DIMINUTION IN VALUE], OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE.
(c) IN NO EVENT SHALL WE BE LIABLE FOR ERRORS OR FAILURES CAUSED BY THIRD-PARTY SERVICE PROVIDES, OR FOR LIABILITY FOR ANY LOSSES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR PAYMENT LINK.
(d) THE LIMITATION OF LIABILITY SET FORTH HEREIN SHALL NOT APPLY TO LIABILITY RESULTING FROM SELLER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
9. Indemnification. You agree to defend, indemnify, and hold us and our affiliates and our and their respective officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your use and/or misuse of the Site or the Services; (iii) any fraudulent and/or unauthorized payment activity; and (iii) your violation of any applicable law or third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. Privacy, Security, Data Protection. This privacy policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. Your payment information is processed securely using industry-standard encryption. We comply with applicable industry data security standards. You are responsible for maintaining the confidentiality of your payment link. Should your payment link be compromised, you must notify us immediately.
11. Force Majeure.
(a)No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder or in accordance with any lease agreement), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, [OTHER POTENTIAL DISASTER(S) OR CATASTROPHE(S), SUCH AS EPIDEMICS,] or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and(i) other [similar] events beyond the reasonable control of the Impacted Party.
(b)The Impacted Party shall give notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
12. Arbitration; choice of law; venue; jury trial waiver.
You agree that any and all disputes, controversies and claims arising out of, relating to or in connection with this Agreement, or payment of any applicable lease agreement, including breach, termination, or validity thereof, will be resolved by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”); however, we hereby expressly reserve the right to bring suit seeking damages in any appropriate jurisdiction. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree that this transaction affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth below).
The parties agree that, by entering into this agreement to arbitrate, the parties are expressly waiving the right to trial by jury. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Intent to Arbitrate (“Notice”), which shall include a demand for full and final settlement of the sending party’s claims. If the parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding. The arbitration proceeding shall be in the English language and shall take place in Pottawattamie County, Iowa.
The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of ten candidates; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within (10) days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator may award on an individual basis any compensatory relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees; however, the parties agree that arbitrator may not award punitive damages. The arbitrator shall base the award on the terms of this Agreement, Iowa law, existing judicial and administrative precedence. The arbitrator shall apply each in order of precedence with the former having primary control. The parties agree to arbitrate solely on an individual basis and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitral tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity of enforceability of the agreement to arbitrate on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void. In such event, the Agreement shall be governed by the internal substantive laws of the State of Iowa, without regard to conflicts of laws provisions. The parties each hereby submit to the jurisdiction of the West Pottawattamie County District Court, Iowa for purposes of adjudicating any action arising out of or related to this Agreement, and hereby waive, to the fullest extent permitted by law, any objection to that venue for any action arising out of or related to this agreement. Any action arising out of this agreement may be properly filed in the West Pottawattamie County District Court, Iowa; however, we reserve the right to bring suit in any other appropriate jurisdiction. THE PARTIES EACH IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY CLAIM, DISPUTE, OR CONTROVERY THAT IN ANY WAY ARISES FROM OR RELATES TO THIS AGREEMENT.
13. Compliance with Laws You agree to comply with all applicable laws and regulations in connection with your use of this payment system, including but not limited to anti-money laundering laws and regulations governing international transactions.
14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative the Company.
16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
17. Headings. The section and other headings contained in this agreement are for reference purposes only and shall not affect the meaning of this agreement.
18. Severability. If any term or provision hereof is declared to be illegal, invalid, or unenforceable for any reason by a court of competent jurisdiction, such illegality, invalidity, or unenforceability shall not affect the remaining terms and provisions hereof, which shall remain binding and enforceable.
19. Termination of the Agreement. We reserve the right, in our sole discretion, to restrict, suspend or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
20. Entire Agreement. These Terms constitute the entire agreement between you and Cresco us regarding this payment transaction and supersede any prior agreements or understandings.
21. Contact Information.
For any questions regarding these Terms or your payment, please contact:
Cresco Capital
200 Owen Parkway Circle
Carter Lake, IA 51510
866-512-5685
By clicking "Accept" or "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Payment Terms and Conditions.