Terms of Service
Acceptance of the Terms of Use.
Welcome to the website of Arpari Inc., a Delaware Corporation ("Arpari", "we" or "us"). The following terms and conditions (these "Terms of Use") govern your access to or other use of arpari.com, including any content, functionality or Services (defined below) available on or through arpari.com, or any associated Web / mobile applications (collectively, the "Website"). Under these Terms of Use, we refer to any user of the Service or Website, as "Users" or “you”.
Please read the Terms of Use carefully before you start to use the Website. By using the Website (other than to read these Terms of Use for the first time) or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy , incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Website.
This Website is offered and available to Users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Arpari and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not access or use the Website. We reserve the right to impose other restrictions. If you are found to be on a government sanctions list, are a politically exposed person, would face regulatory scrutiny, or pose a risk to Arpari or our partners, we reserve the right to, in our sole discretion, limit, terminate, or not allow access to our Services. You may be subject to additional policies, rules, and/or conditions (“Additional Terms”) by your participation in certain Services such as the Deposit Account Agreement or other agreements used by our partners. By using or participating in our Services, you acknowledge and agree to comply with these Additional Terms.
Description of Services
Arpari provides banking services to commercial real estate owners. Our services are comprised of: (1) operating accounts; (2) security deposit accounts; (3) payments services; and (4) analytics and treasury / financial management tools (collectively, the “Services”). More information on the Services is provided below and throughout the Website. The Services include any content, features, or functionality currently available on the Website or that may be introduced in the future. Arpari reserves the right to add, subtract, or change these services at our sole discretion.
All banking and financial services available through Arpari are offered by our partner Grasshopper Bancorp, Member FDIC. By opening an Account, you agree to the Deposit Account Agreement and may be governed by the Grasshopper Bancorp Terms and Conditions and Privacy Policy. We never take custody of money transferred using the Service and we’re not responsible for what recipients do with the payments.
Connecting Third Party Accounts.
Arpari uses Plaid Inc (“Plaid”) to gather your data from financial institutions. By using our Service, you grant Arpari and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.
User Registration.
In order to access the Services, Users must provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy .
Validation of Identity.
Users authorize Arpari, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. Nothing herein shall be construed to require Arpari to verify the identity of any User on the Website nor will Arpari have any liability for failure to verify any User's identity.
Account Security.
If you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Electronic Payments.
Electronic payments that are made through the Automated Clearing House (“ACH”) are subject to the rules of the ACH, and Users agree to be bound by the Operating Rules of the AHC, including the rule making payment to the payee provisional until receipt by the payee’s bank of final settlement of the credit transaction. If final settlement is not received, the Client will not be deemed to have paid the payee the amount of the bill payment.
Fees and Payments.Arpari may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. Arpari reserves the right at any time to change and/or increase the fees for access to portions of the Service or the Service as a whole. All fees shall be payable through the User's account.
Unauthorized Transactions.
Arpari is not responsible for loss incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transaction or other fees associated with those transactions.
Security Deposit Banking Limitations.
Arpari limits Users access to security deposit banking services for residential (multifamily) real estate properties to the following states: Vermont, Idaho, Wisconsin, Texas, Utah, Wyoming, South Carolina, Montana, Oregon, Colorado, Louisiana, Indiana, Mississippi, West Virginia, Hawaii, Nebraska, Rhode Island, South Dakota, Alabama, Kansas, Arizona, Arkansas, Virginia, Nevada, California, Iowa, Kentucky, and Tennessee. We do not limit User access to security deposit banking services for non-residential assets. We reserve the right in our sole discretion and at any time to stop access to security deposit banking services in specific states.
Users shall at all times remain responsible for compliance with specific state security deposit banking regulations and agree that Arpari is not liable to you or any third party for User non-compliance with applicable security deposit regulation.
Reimbursements; Investigations.
Arpari reserves the right to seek reimbursement from Users, and Users will reimburse Arpari, if Arpari discovers a fraudulent transaction, erroneous or duplicate transaction, or if Arpari receives a chargeback or reversal from any credit card company or bank for any reason. You agree to and acknowledge our right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Arpari in an effort to investigate fraud. Users agree that Arpari has the right to obtain such reimbursement by charging the User's account, deducting amounts from future transfers, charging the User's credit card or any bank account associated with your account, or obtaining reimbursement from the User by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of Manager's account.
You agree that in the case any Account transaction is allowed or occurs which results in an Account balance becoming negative, you will immediately cure any such negative Account balance by promptly adding additional funds to your Account.
ARPARI IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
Termination.
Users may cancel the use of the Service at any time effective immediately by contacting us at support@arpari.com. You will remain liable for all outstanding payments and fees due at the time of cancellation.
We reserve the right in our sole discretion and at any time to terminate or suspend your User account and/or block your use of our Website or Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Arpari is not liable to you or any third party for any termination or suspension of your User account or for blocking your use of our Website.
Suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your User account or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under “Miscellaneous.”
Prohibited Uses.
In connection with the Services or your use of the Website, you will not: breach this agreement; violate any applicable federal, state, local or international law or regulation; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; disclose or distribute another User's information to a third party, or use the information for marketing purposes unless you receive the User's express consent to do so; infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; act in a manner that is defamatory, trade libelous, threatening or harassing; provide false, inaccurate or misleading informationSend or receive what we reasonably believe to be potentially fraudulent fundsImpersonate any person, or misrepresent your identity or affiliation with any person or organization or in any way that is likely to deceive any person; participate in any actions constituting credit card fraud, check fraud, or money laundering (or help others to do so); refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to usUse an anonymizing proxy; conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Arpari, other Users, third parties or you; send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties; take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Website or the Services; take any action that may cause us to lose any of our services from our internet service providers, payment processors, or other suppliers Arpari will not be held liable for the violation of the above terms or any other illegal activity not foreseen at the time.
User Content.
We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that: violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable laws; encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; is an advertisement for goods or services or a solicitation of funds; contains a formula, instruction, or advice that could cause harm or injury Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
Reliance on Information Posted.
Users acknowledge that Arpari does not verify the identity or accuracy of any User or any information User Content on the Services or Website. Any Website Content or other information presented on or through the Website, is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the User Content or any other information. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Website Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Website by anyone other than our authorized employees or spokespersons while acting in their official capacities. Our Website may also link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
Intellectual Property Rights.
Except with respect to User Content, you agree that Arpari owns all rights, title and interest in the Website, our Services, and associated content, including but not limited to, any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, software, source code, and interactive features included with or available through our Website. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Services. Except for the limited use rights granted to you in this Agreement, you shall not acquire any right, title or interest in our Website or any Website Content. Any rights not expressly granted in this Agreement are expressly reserved.
Arpari’s name, logos, service marks and trade names used on or in connection with the Services are the trademarks of Arpari and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
Geographic Restrictions.
The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties and Conditions.
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE, INCLUDING ANY SERVICES AND/OR WEBSITE CONTENT, IS AT YOUR SOLE RISK AND THAT WE PROVIDE THE SAME (INCLUDING ANY SOFTWARE) ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, ARPARI DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR WEBSITE, SERVICES OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE; (6) WARRANTIES THAT YOUR USE OF OUR WEBSITE OR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR WEBSITE, SERVICES OR WEBSITE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION OR DATA PROVIDED BY ARPARI IS FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE NOT A SUBSTITUTE FOR FINANCIAL OR OTHER PROFESSIONAL ADVICE. AS BETWEEN THE PARTIES, YOU OR THE APPLICABLE USER, AND NOT ARPARI, SHALL BE RESPONSIBLE AND LIABLE FOR ANY ACTIONS, OR LACK THEREOF, THAT YOU OR THE APPLICABLE USER TAKES AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARPARI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
No Liability with Respect to Real Estate. ARPARI DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. THE REPORTS, ANALYSES, INSIGHTS, OR OTHER CONTENT OR MATERIAL OBTAINED FROM OR THROUGH THE SERVICES ARE NOT INTENDED TO AND DO NOT CONSTITUTE LEGAL, FINANCIAL, REAL ESTATE, INVESTMENT, BUSINESS OR PROFESSIONAL ADVICE OF ANY KIND. DO NOT ACT ON ANY CONTENT OR MATERIAL OBTAINED THROUGH THE SERVICES WITHOUT FIRST SEEKING RELEVANT PROFESSIONAL COUNSEL. THE MATERIALS SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH A PROFESSIONAL ADVISOR. YOU AGREE THAT ARPARI IS NOT RESPONSIBLE FOR ANY FINANCIAL, BUSINESS, OR LEGAL DECISIONS THAT YOU MAY MAKE. ARPARI IS NOT AN ATTORNEY, ESCROW AGENT, LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANOTHER USER.
Limitation on Liability.
IN NO EVENT WILL ANY OF THE ARPARI PARTIES (AS DEFINED BELOW) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL OF THE ARPARI PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY ARPARI DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification.
You agree to defend, indemnify and hold harmless Arpari, its affiliates, licensors and service providers, vendors and partners, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, the “Arpari Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any User Content you provide on the Website or Services, any use of the Website Content, Services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. Governing Law and Jurisdiction.These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules.
Dispute Resolution & Mandatory Arbitration.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at support@arpari.com. We will contact you based on the contact information you have provided us.
If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration. Each of us agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com). Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and Arpari, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.
NO CLASS ACTIONS TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. NO TRIAL BY JURY TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Amendment; Additional Terms.
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Website generally, or any of our specific Services, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or notification by email. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Website or any of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use.
Miscellaneous.
You hereby release Arpari Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Except where specifically stated otherwise, if any part of these Terms of Use is invalid, unlawful or otherwise unenforceable for any reason, the same shall not affect the other terms or provisions hereof or the whole of these Terms and Conditions. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.
Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
Your Comments and Concerns.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to support@arpari.com.
Welcome to the website of Arpari Inc., a Delaware Corporation ("Arpari", "we" or "us"). The following terms and conditions (these "Terms of Use") govern your access to or other use of arpari.com, including any content, functionality or Services (defined below) available on or through arpari.com, or any associated Web / mobile applications (collectively, the "Website"). Under these Terms of Use, we refer to any user of the Service or Website, as "Users" or “you”.
Please read the Terms of Use carefully before you start to use the Website. By using the Website (other than to read these Terms of Use for the first time) or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy , incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Website.
This Website is offered and available to Users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Arpari and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not access or use the Website. We reserve the right to impose other restrictions. If you are found to be on a government sanctions list, are a politically exposed person, would face regulatory scrutiny, or pose a risk to Arpari or our partners, we reserve the right to, in our sole discretion, limit, terminate, or not allow access to our Services. You may be subject to additional policies, rules, and/or conditions (“Additional Terms”) by your participation in certain Services such as the Deposit Account Agreement or other agreements used by our partners. By using or participating in our Services, you acknowledge and agree to comply with these Additional Terms.
Description of Services
Arpari provides banking services to commercial real estate owners. Our services are comprised of: (1) operating accounts; (2) security deposit accounts; (3) payments services; and (4) analytics and treasury / financial management tools (collectively, the “Services”). More information on the Services is provided below and throughout the Website. The Services include any content, features, or functionality currently available on the Website or that may be introduced in the future. Arpari reserves the right to add, subtract, or change these services at our sole discretion.
All banking and financial services available through Arpari are offered by our partner Grasshopper Bancorp, Member FDIC. By opening an Account, you agree to the Deposit Account Agreement and may be governed by the Grasshopper Bancorp Terms and Conditions and Privacy Policy. We never take custody of money transferred using the Service and we’re not responsible for what recipients do with the payments.
Connecting Third Party Accounts.
Arpari uses Plaid Inc (“Plaid”) to gather your data from financial institutions. By using our Service, you grant Arpari and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy.
User Registration.
In order to access the Services, Users must provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy .
Validation of Identity.
Users authorize Arpari, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your information against third party databases or through other sources. Nothing herein shall be construed to require Arpari to verify the identity of any User on the Website nor will Arpari have any liability for failure to verify any User's identity.
Account Security.
If you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Electronic Payments.
Electronic payments that are made through the Automated Clearing House (“ACH”) are subject to the rules of the ACH, and Users agree to be bound by the Operating Rules of the AHC, including the rule making payment to the payee provisional until receipt by the payee’s bank of final settlement of the credit transaction. If final settlement is not received, the Client will not be deemed to have paid the payee the amount of the bill payment.
Fees and Payments.Arpari may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. Arpari reserves the right at any time to change and/or increase the fees for access to portions of the Service or the Service as a whole. All fees shall be payable through the User's account.
Unauthorized Transactions.
Arpari is not responsible for loss incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable unsuccessful transaction or other fees associated with those transactions.
Security Deposit Banking Limitations.
Arpari limits Users access to security deposit banking services for residential (multifamily) real estate properties to the following states: Vermont, Idaho, Wisconsin, Texas, Utah, Wyoming, South Carolina, Montana, Oregon, Colorado, Louisiana, Indiana, Mississippi, West Virginia, Hawaii, Nebraska, Rhode Island, South Dakota, Alabama, Kansas, Arizona, Arkansas, Virginia, Nevada, California, Iowa, Kentucky, and Tennessee. We do not limit User access to security deposit banking services for non-residential assets. We reserve the right in our sole discretion and at any time to stop access to security deposit banking services in specific states.
Users shall at all times remain responsible for compliance with specific state security deposit banking regulations and agree that Arpari is not liable to you or any third party for User non-compliance with applicable security deposit regulation.
Reimbursements; Investigations.
Arpari reserves the right to seek reimbursement from Users, and Users will reimburse Arpari, if Arpari discovers a fraudulent transaction, erroneous or duplicate transaction, or if Arpari receives a chargeback or reversal from any credit card company or bank for any reason. You agree to and acknowledge our right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Arpari in an effort to investigate fraud. Users agree that Arpari has the right to obtain such reimbursement by charging the User's account, deducting amounts from future transfers, charging the User's credit card or any bank account associated with your account, or obtaining reimbursement from the User by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of Manager's account.
You agree that in the case any Account transaction is allowed or occurs which results in an Account balance becoming negative, you will immediately cure any such negative Account balance by promptly adding additional funds to your Account.
ARPARI IS NOT A COLLECTION COMPANY AND IN NO WAY GUARANTEES PAYMENT NOR DOES IT INHERIT THE RISK ASSUMED BY ANY PARTY IN RELATION TO ANY TRANSACTION PERFORMED THROUGH THE SERVICE.
Termination.
Users may cancel the use of the Service at any time effective immediately by contacting us at support@arpari.com. You will remain liable for all outstanding payments and fees due at the time of cancellation.
We reserve the right in our sole discretion and at any time to terminate or suspend your User account and/or block your use of our Website or Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Arpari is not liable to you or any third party for any termination or suspension of your User account or for blocking your use of our Website.
Suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your User account or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under “Miscellaneous.”
Prohibited Uses.
In connection with the Services or your use of the Website, you will not: breach this agreement; violate any applicable federal, state, local or international law or regulation; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; disclose or distribute another User's information to a third party, or use the information for marketing purposes unless you receive the User's express consent to do so; infringe our or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; act in a manner that is defamatory, trade libelous, threatening or harassing; provide false, inaccurate or misleading informationSend or receive what we reasonably believe to be potentially fraudulent fundsImpersonate any person, or misrepresent your identity or affiliation with any person or organization or in any way that is likely to deceive any person; participate in any actions constituting credit card fraud, check fraud, or money laundering (or help others to do so); refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to usUse an anonymizing proxy; conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Arpari, other Users, third parties or you; send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties; take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Website or the Services; take any action that may cause us to lose any of our services from our internet service providers, payment processors, or other suppliers Arpari will not be held liable for the violation of the above terms or any other illegal activity not foreseen at the time.
User Content.
We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that: violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity; impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable laws; encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; is an advertisement for goods or services or a solicitation of funds; contains a formula, instruction, or advice that could cause harm or injury Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
Reliance on Information Posted.
Users acknowledge that Arpari does not verify the identity or accuracy of any User or any information User Content on the Services or Website. Any Website Content or other information presented on or through the Website, is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of the User Content or any other information. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Website Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Website by anyone other than our authorized employees or spokespersons while acting in their official capacities. Our Website may also link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
Intellectual Property Rights.
Except with respect to User Content, you agree that Arpari owns all rights, title and interest in the Website, our Services, and associated content, including but not limited to, any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, software, source code, and interactive features included with or available through our Website. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Services. Except for the limited use rights granted to you in this Agreement, you shall not acquire any right, title or interest in our Website or any Website Content. Any rights not expressly granted in this Agreement are expressly reserved.
Arpari’s name, logos, service marks and trade names used on or in connection with the Services are the trademarks of Arpari and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
Geographic Restrictions.
The owner of the Website is based in the state of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties and Conditions.
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE, INCLUDING ANY SERVICES AND/OR WEBSITE CONTENT, IS AT YOUR SOLE RISK AND THAT WE PROVIDE THE SAME (INCLUDING ANY SOFTWARE) ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, ARPARI DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR WEBSITE, SERVICES OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE; (6) WARRANTIES THAT YOUR USE OF OUR WEBSITE OR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN OUR WEBSITE, SERVICES OR WEBSITE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION OR DATA PROVIDED BY ARPARI IS FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE NOT A SUBSTITUTE FOR FINANCIAL OR OTHER PROFESSIONAL ADVICE. AS BETWEEN THE PARTIES, YOU OR THE APPLICABLE USER, AND NOT ARPARI, SHALL BE RESPONSIBLE AND LIABLE FOR ANY ACTIONS, OR LACK THEREOF, THAT YOU OR THE APPLICABLE USER TAKES AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARPARI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
No Liability with Respect to Real Estate. ARPARI DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. THE REPORTS, ANALYSES, INSIGHTS, OR OTHER CONTENT OR MATERIAL OBTAINED FROM OR THROUGH THE SERVICES ARE NOT INTENDED TO AND DO NOT CONSTITUTE LEGAL, FINANCIAL, REAL ESTATE, INVESTMENT, BUSINESS OR PROFESSIONAL ADVICE OF ANY KIND. DO NOT ACT ON ANY CONTENT OR MATERIAL OBTAINED THROUGH THE SERVICES WITHOUT FIRST SEEKING RELEVANT PROFESSIONAL COUNSEL. THE MATERIALS SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH A PROFESSIONAL ADVISOR. YOU AGREE THAT ARPARI IS NOT RESPONSIBLE FOR ANY FINANCIAL, BUSINESS, OR LEGAL DECISIONS THAT YOU MAY MAKE. ARPARI IS NOT AN ATTORNEY, ESCROW AGENT, LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANOTHER USER.
Limitation on Liability.
IN NO EVENT WILL ANY OF THE ARPARI PARTIES (AS DEFINED BELOW) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL OF THE ARPARI PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY ARPARI DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification.
You agree to defend, indemnify and hold harmless Arpari, its affiliates, licensors and service providers, vendors and partners, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, the “Arpari Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any User Content you provide on the Website or Services, any use of the Website Content, Services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. Governing Law and Jurisdiction.These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules.
Dispute Resolution & Mandatory Arbitration.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at support@arpari.com. We will contact you based on the contact information you have provided us.
If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration. Each of us agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com). Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you and Arpari, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court.
NO CLASS ACTIONS TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. NO TRIAL BY JURY TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Amendment; Additional Terms.
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Website generally, or any of our specific Services, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or notification by email. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Website or any of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use.
Miscellaneous.
You hereby release Arpari Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Except where specifically stated otherwise, if any part of these Terms of Use is invalid, unlawful or otherwise unenforceable for any reason, the same shall not affect the other terms or provisions hereof or the whole of these Terms and Conditions. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.
Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
Your Comments and Concerns.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to support@arpari.com.