ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
- Noposit offers qualified renters to keep their cash deposit by providing a Pay Guarantee, only paying for damages if the landlord actually has a claim (the “Noposit Service”). The Noposit Service is not a security deposit or other payment in connection with a lease or other property rental, a loan or lending product of any kind, or an insurance policy or insurance product of any kind, and Noposit is not an insurer, lender, bank or financial institution, or landlord or building management company.
- BY REGISTERING FOR THE NOPOSIT SERVICE, YOU ACKNOWLEDGE AND AGREE THAT (I) NOPOSIT IS NOT IN THE BUSINESS OF PROVIDING PROPERTY RENTAL OR MANAGEMENT, INSURANCE, OR LENDING SERVICES, AND THAT NONE OF THE SERVICES ARE INTENDED TO PROVIDE OR CONTAIN ANY SUCH SERVICES; AND (II) NEITHER YOUR USE OF THE NOPOSIT SERVICE, NOR ANY PAYMENTS MADE IN CONNECTION WITH THE NOPOSIT SERVICE, SHALL UNDER ANY CIRCUMSTANCES RELIEVE YOU OF ANY OBLIGATIONS UNDER ANY PROPERTY LEASE OR SIMILAR AGREEMENT, INCLUDING ANY OBLIGATION TO MAKE RENTAL PAYMENTS.
To sign up for the Noposit Service (defined below) or take advantage of other services we offer, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. By registering, you represent and warrant that you are providing accurate and complete information and that you will keep your Account information updated. You are responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may be held liable for losses or damages incurred by us or any other user of or visitor to the Services due to someone else using your user name, ID, password, or other information which provides access to the Services. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
- For registered users, your Account information may include access credentials (for example, username and password) that allow you to gain online access to one or more accounts that you maintain with a third-party financial institution and that you choose to designate for use in connection with the Services (each, an “Authorized Bank Account”). We work with one or more Third Party Services (as defined below) that will securely store pursuant to industry standards any Authorized Bank Account access credentials that you provide on the Services and will access your Authorized Bank Accounts for the purposes of providing and improving the services we offer on the Services. You may only provide account access credentials for and authorize us to access valid accounts that you hold in your own name. You may not provide access credentials for an account that is held by a third person. You must update your Account information to reflect any change to the username or password that is associated with any Authorized Bank Account.
- If you choose to provide your Authorized Bank Account credentials to us, you authorize us to use this information to provide you with the Noposit Service. Specifically, you hereby acknowledge and agree that, by registering an Account and designating an Authorized Bank Account for use in connection with the Noposit Service:
- You must provide current, complete and accurate information for your Authorized Bank Account, and promptly update such information as necessary to keep it current, complete and accurate (such as a change in billing address, account number, or institution). Further, you must promptly notify us and/or our applicable Third Party Service providers if Authorized Bank Account becomes invalid or unsuitable for use in connection with the Noposit Service.
- You authorize us and/or our designated Third Party Service provider to withdraw (A) any amounts claimed by your designated rental property owner or manager within 30 business days following the expiration or termination of your applicable property lease, up to the maximum amount for which you have agreed to be responsible in connection with your account (“Pay Guarantee”), or (B) the full Pay Guarantee Amount, immediately, in the event that you or we effectively terminate or cancel your Account or your use of the Noposit Service before the expiration or termination of your applicable property lease. For more information regarding your rights and obligations with respect to terminating or cancelling your Account or your use of the Noposit Services, please see the section below regarding Termination or Cancellation.
- You agree that the authorization described above will remain in effect (A) until thirty (30) business days following the expiration or termination of your applicable property lease, or (B) if, before the expiration or termination of your property lease you or we effectively terminate your account or your use of the Noposit Service.
- You are required at all times during your use of the Noposit Service to maintain sufficient funds in your Authorized Bank Account to enable the above-described withdrawals.
- We work with Plaid, Inc. (“Plaid”), as our Third Party Service provider for purposes relating to your Authorized Bank Account. Plaid’s services and use of your information, including on or through the Services, are governed by their policies and terms and conditions, which may be found athttps://plaid.com/legal/.
- For information about your rights and obligations with respect to payments in connection with the Noposit Service, please see the Payments and Billing section below.
- you shall be responsible for timely paying to Noposit all applicable Subscription Fees, and that all Subscription Fees are non-refundable;
- you shall be fully liable to Noposit for any amounts claimed by your applicable landlord, building or apartment owner, or management company (“Rental Claims”), whether disputed or undisputed by you, up to the designated Pay Guarantee Amount, as well as any related fees, taxes or charges, and that Noposit shall under no circumstances be liable for any such amounts;
- the full amount of any Rental Claim shall be deducted from your Authorized Bank Account and provided to Noposit within 10 business days of Noposit’s receipt of such Rental Claim, in a single lump sum or in installments (in Noposit’s sole discretion); and
- you must follow the procedure outlined below in Section 8 to cancel payment of your Subscription Fees, and may be subject to further obligations as described in these Terms of Service if you do so.
- Payment Method.The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT NOPOSIT.COM/ACCOUNT/PROFILE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF NOPOSIT SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR NOPOSIT SERVICE AS SET FORTH ABOVE.
- Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Reaffirmation of Authorization. Your non-termination or continued use of the Noposit Service reaffirms that we are authorized to charge your Payment Method for the Noposit Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Noposit Service.
- By You.You may only terminate or cancel your Account or use of the Noposit Service, you must contact us and undertake the following steps: Log in to your Noposit account online at www.noposit.com, navigate to your account profile and settings, detail your reason why, and confirm cancellation. Please note that, as stated above, if you terminate or cancel your Account or use of the Noposit Service before the expiration or termination of your applicable property lease, you agree that you will immediately become responsible to Noposit for the full Pay Guarantee Amount in full, and this amount shall immediately become due and payable to Noposit. You further acknowledge and agree that in such event, any Subscription Fees previously paid by you to Noposit shall not be deducted or set off from the Pay Guarantee Amount owed by you to Noposit or be refunded to you.
- For more information regarding your rights and obligations with respect to terminating or cancelling your Account or your use of the Noposit Services, please see the section below regarding Termination or Cancellation.
As part of the Services, you will receive communications through the Services, including messages that Noposit sends you via SMS, email, and/or postal mail. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM NOPOSIT, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU REGISTER FOR THE SERVICES OR FOR WHOM YOU PROVIDE A WIRELESS PHONE NUMBER HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM NOPOSIT. You agree to indemnify and hold Company harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. You further understand that, when you receive a text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services, and you agree that Noposit will have no liability for such charges except to the extent required by applicable law. To stop text messages, you can simply reply “STOP” to any text message Noposit sends you. To stop emails, you can follow the opt-out instructions included at the bottom of the emails Noposit sends you; if an email does not include these instructions, it is a transactional or relationship message and you cannot opt out of receiving it in the future unless you terminate your Account and comply with all of your obligations to us relating to your Account.
- All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
- The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- You shall not: (i) use the Services for any purpose that is unlawful; (ii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iv) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (v) run any form of auto-responder or "spam" on the Services; (vi) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Services; (vii) harvest or scrape any Content from the Services; (viii) violate or infringe upon the rights of Noposit or any other third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; (ix) engage in harassing, abusive, profane, or abusive conduct; or (x) otherwise take any action in violation of our guidelines and policies.
- The Services may permit you to link to, use or otherwise access other websites, services or resources (“Third Party Services”), and other websites, services or resources may contain links to the Services. When you access and/or use Third Party Services, you do so at your own risk. These Third Party Services are not under our control, and you acknowledge that we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of any Third Party Services does not imply endorsement by Noposit or any association with their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Services. Noposit makes no representation that any Third Party Services are appropriate or available for use in any particular location. To the extent you choose to access such Third Party Services, you do so at your own initiative, and are responsible for compliance with any applicable laws, rules, or regulations.
- Your interactions with other organizations and/or individuals that are users of the Services or any other third parties (collectively, “Third Parties”), including in connection with or relating to any lease or rental agreements, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Noposit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
- If there is a dispute between participants in or users of the Services, or between users of the Services and any other Third Party, you agree that Noposit is under no obligation to become involved. In the event that you have a dispute with one or more Third Parties, you release Noposit, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
If you are accessing the Services via the App on a device provided by Apple, Inc. (“Apple”), or otherwise obtained access to the Services through the Apple App Store, the following terms shall apply:
- You will only use the App in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
- You acknowledge and agree that Noposit, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the App infringes that third party’s intellectual property rights, Noposit, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Noposit acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- [We have no special relationship with or fiduciary duty to you. You acknowledge that Noposit has no duty to take any action regarding: (i) which users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content.]
- [You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.]
- THE SERVICES AND ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NOPOSIT AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THAT: (I) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (II) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS (INCLUDING WITHOUT LIMITATION PAYMENT CARD NETWORKS, FINANCIAL SERVICE PROVIDERS, AND PAYMENT PROCESSORS) OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00.
- Severability.If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
- We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- All waivers and modifications must be in a writing signed by Noposit, except as otherwise provided herein.