Terms of Service
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Terms of Service

These Terms of Use were last revised on September 29, 2015.

Zoobdoo LLC, a Nevada limited liability company ("Zoobdoo") provides the ZOOBDOO.COM site and related services subject to your compliance with the terms and conditions set forth below. Your use of ZOOBDOO.COM signifies your acknowledgement of and agreement to these Terms of Use.

These Terms of Use apply to all users of the website ZOOBDOO.COM and any other affiliated websites owned or controlled by Zoobdoo, including any and all services and online software available through these sites (collectively "ZOOBDOO.COM"). The term "users" includes both registered members of ZOOBDOO.COM and any other person that accesses ZOOBDOO.COM at any point for any amount of time.

 

1. ONLINE VENUE

1.1       Online Venue. Erentpay.com is an online venue ("Venue") allowing landlords and tenants to interact with each other, including paying and receiving rent and other services. Zoobdoo is not involved in the actual transactions between landlords and tenants or any other users. We do not own or manage, nor can we contract for, any of the properties listed on this site. Zoobdoo is not a landlord, real estate agent, or broker. Rather, Zoobdoo merely provides the venue for users, including landlords and tenants to interact. The actual lease and other transactions are directly between the landlords and tenants who use this site. We are not a party to any rental or other agreement between users. This is true even if you sign a lease using Zoobdoo or use one of Zoobdoo’s forms. While we may facilitate the signing of lease agreements or provide other tools, services or products, we are not a party to any rental or other agreements between users.

1.2       Local Laws and Regulations. You agree that you are responsible for and agree to abide by all laws, rules and regulations applicable to you, including laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws. Each state and many local municipalities have unique rules and regulations concerning rental properties, landlords, tenants, and property managers. Nothing on this website constitutes legal advice and Zoobdoo makes no warranty that use of ZOOBDOO.COM or the forms or services offered by ZOOBDOO.COM is permissible under your local laws and regulations. The legal analysis of whether a particular lease provision or landlord practice is permissible in your area cannot be properly represented or accounted for on a web page. You are responsible for following all local laws and regulations, including those related to rental properties in your area. If you have a question about specific laws or regulations in your area, you should contact a local attorney who is authorized to practice in your sate and it familiar with the local laws applicable to you.

1.3       Payments. By providing us with your banking or other payment information, you authorize us to use it and disclose it to our payment gateway providers for the purpose of processing payments. We never take custody of money you transfer, we cannot provide refunds, and we’re not responsible for what recipients do with the payments you make.

1.4       Credit Reports. We are not a credit bureau or credit reporting agency and do not control the contents of credit reports, including reports obtained through ZOOBDOO.COM. If you believe that any information contained in your credit report is inaccurate or incomplete, you should dispute it directly with the credit reporting agency that issued the report.

1.5       No Control Over User Services. Zoobdoo has no control over and does not guarantee: (a) the existence, quality, safety or legality of the services provided among users; (b) the rental properties advertised; (c) the truth or accuracy of users' content or listings; (d) the ability of landlords to actually rent a property; the ability of tenants to pay rent; or (e) that a landlord or tenant will actually complete a transaction or provide a service. All property listings on ZOOBDOO.COM are the sole responsibility of the user (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings or any alleged breaches of contract on a user's part.

1.6       Legal Compliance. You agree not to use the Venue to offer services which are illegal in Nevada, the United States, or in your local jurisdiction. By using the Venue, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your activity on ZOOBDOO.COM. In addition, you shall be responsible for paying any and all taxes applicable to any services offered through ZOOBDOO.COM.

1.7       Use of the Venue. If you choose to use the Venue, you agree to:

(a) post accurate information about yourself and any properties or services offered by you on the Venue;

(d) list properties and services in appropriate categories;

(e) abide by all applicable laws, third party rights, and Zoobdoo policies;

(f) pay all required fees to ZOOBDOO.COM for use of the service; and

(g) use the Venue at your own risk.

1.8       Placing Listings. If you place a listing on the Venue, you are legally and solely responsible for the content of the listing and your interactions with any landlords or tenants. By placing a listing on the Venue, you warrant that all aspects of the listing comply with Zoobdoo's published policies. You further warrant that you are in compliance with Zoobdoo's published policies. You also warrant that you may legally post the listing.

1.9       Responding to Listings. If you respond to a listing on the Venue, you are legally responsible for your interactions with any landlords or tenants. You further warrant that you are in compliance with Zoobdoo's published policies. You are responsible for reading the full item listing before completing a transaction. When you enter into an agreement with a landlord or tenant you are entering into a legally binding contract directly with the landlord or tenant, not with Zoobdoo.

1.10     Scams. Use common sense when placing or responding to a listing through the Venue. Use the same common sense you would use in the real world when reading an ad. If it is too good to be true, it is a scam. For more information about various online scams and how to avoid them, go to http://OnGuardOnline.gov.

1.11     Cancellation of Listings or Accounts. Zoobdoo reserves the right to terminate any listing or to cancel the account of any Venue user at any time and for any reason.

1.12     Additional Policies. The use of the Venue is subject to published policies posted on the ZOOBDOO.COM website, including policies regarding listing items, selling items, buying items, and the current list of service fees. Your use of the Venue is subject to those policies, which are incorporated into this Agreement by this reference.

 

2. WEBSITE ACCESS

2.1 Zoobdoo grants you a limited, revocable, nonexclusive license to access ZOOBDOO.COM for your own personal use.

2.2       In order to access some features of ZOOBDOO.COM, you will have to create an account. You may never use another's account without the account holder's permission. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to ZOOBDOO.COM, you are required to update that information immediately.

2.3       You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Zoobdoo immediately of any breach of security or unauthorized use of your account. Although Zoobdoo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Zoobdoo or others due to such unauthorized use.

2.4       You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers" that access ZOOBDOO.COM. You agree not to collect or harvest any personally identifiable information, including account names, from ZOOBDOO.COM, nor to use the communication systems provided by ZOOBDOO.COM for any commercial solicitation or illegal or improper purposes.

2.5       Notwithstanding the foregoing, Zoobdoo grants the operators of recognized international public search engines, such as Google and Bing permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Zoobdoo reserves the right to revoke these exceptions either generally or in specific cases.

2.6       Termination of Account. You agree that Zoobdoo, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of ZOOBDOO.COM (or any part thereof), immediately and without notice, and remove and discard any content within ZOOBDOO.COM, for any reason, including, without limitation, if Zoobdoo believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Zoobdoo shall not be liable to you or any third-party for any termination of your access to ZOOBDOO.COM. Further, you agree not to attempt to use ZOOBDOO.COM after said termination.

2.7       Termination of Service. Zoobdoo reserves the right to modify or discontinue, temporarily or permanently, its website, including its interactive features, blogs, forums, comments (or any part thereof) with or without notice at any time. You agree that Zoobdoo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.

2.7       Third Party Links. ZOOBDOO.COM may contain links to third party websites that are not owned or controlled by Zoobdoo. Zoobdoo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Zoobdoo will not and cannot censor or edit the content of any third-party site. You expressly relieve Zoobdoo from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the ZOOBDOO.COM website and to read the terms and conditions and privacy policy of other websites that you visit.

2.8       Consent to Electronic Service. When you use ZOOBDOO.COM or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on ZOOBDOO.COM. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

3. THIRD PARTY SUBMISSIONS / INTERACTIVE FEATURES

3.1       The ZOOBDOO.COM website may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, including property information and property listings, by you, other users, and other third parties such as our partners or affiliates ("Third Party Submissions").

3.2       Third Party Submissions also include, but are not limited to, property information, reviews, photograph submissions, profile submissions, and any other interactive area of ZOOBDOO.COM.

3.3       Third Party Submissions may contain the views and opinions of individual content authors. Third Party Submissions are for informational purposes only and do not necessarily reflect the thoughts and opinions of Zoobdoo or any officer, employee, agent, or affiliate thereof.

3.4       By posting, submitting or uploading a Third Party Submission to any area of ZOOBDOO.COM, you automatically grant, and you represent and warrant that you have the right to grant, to Zoobdoo an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third Party Submission and to prepare derivative works of, or incorporate into other works, said Third Party Submission, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third Party Submissions to ZOOBDOO.COM, you automatically grant Zoobdoo all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submission by any party for any purpose.

3.5       You acknowledge that the interactive features on ZOOBDOO.COM are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to ZOOBDOO.COM. Zoobdoo cannot guarantee the security of any information you disclose through ZOOBDOO.COM. You make such disclosures at your own risk. Zoobdoo has no obligation to retain or provide you copies of Third Party Submissions

3.6       By posting Third Party Submissions to ZOOBDOO.COM or by using any other interactive area of the website, you specifically agree to comply with each of the following:

(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.

(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.

(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Book By Part any required terms.

(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.

(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.

(f) You will not post or transmit any material that deceptively impersonates any person or entity.

(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.

(h) You will post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly relates to a user's question.

(i)        You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.

(j) You will not post or transmit any content that is intended to promote or commit an illegal act.

Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.

3.7       When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to ZOOBDOO.COM on your behalf ("Posting Agent"). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access ZOOBDOO.COM to facilitate posting Third Party Submissions on behalf of others, except with express written permission from Zoobdoo.

3.8       You are and shall remain solely responsible for any and all Third Party Submissions you make through ZOOBDOO.COM. You acknowledge that any information you disclose through ZOOBDOO.COM becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on ZOOBDOO.COM. Any such disclosures are at your own risk.

3.9       Zoobdoo does not prescreen Third Party Submissions submitted and Zoobdoo has no duty to monitor any interactive area of its website. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Third Party Submissions of the interactive areas, including Event listings, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Zoobdoo may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any ZOOBDOO.COM forum.

3.10     You acknowledge that by participating in any interactive area on this website, you are granting Zoobdoo the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to Zoobdoo, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.

3.11     You must not describe or assign keywords to your Third Party Submissions in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Zoobdoo may change or remove any description or keyword that it considers inappropriate or unlawful in Zoobdoo's sole discretion.

 

4. LIMITS ON THIRD PARTY SUBMISSIONS - DIGITAL MILLENNIUM COPYRIGHT ACT

4.1       You understand that when using the ZOOBDOO.COM website, you will be exposed to Third Party Submissions from a variety of sources, and that Zoobdoo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Zoobdoo with respect thereto, and agree to indemnify and hold Zoobdoo, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

4.2       Zoobdoo does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Zoobdoo expressly disclaims any and all liability in connection with Third Party Submissions.

4.3       Zoobdoo does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Zoobdoo will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another's intellectual property rights. Zoobdoo reserves the right to remove Content and Third Party Submissions without prior notice.

4.4       If you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • - Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • - A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • - A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Zoobdoo's designated Copyright Agent to receive notifications of claimed infringement is:

Zoobdoo LLC

Attn: Copyright Agent

copyright@zoobdoo.com

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

4.5       Counter-Notice. If you believe that your Third Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:

  • - Your physical or electronic signature;
  • - Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • - A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
  • - Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, ZOOBDOO.COM may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ZOOBDOO.COM sole discretion.

 

5. INTELLECTUAL PROPERTY INFORMATION

5.1       With the exception of Third Party Submissions, all content on the ZOOBDOO.COM website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Zoobdoo. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through ZOOBDOO.COM is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

5.2       Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Zoobdoo.

5.3       You further agree not to reproduce, duplicate or copy Content from ZOOBDOO.COM without the express written consent of Zoobdoo, and agree to abide by any and all copyright and other legal notices displayed on ZOOBDOO.COM. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in ZOOBDOO.COM. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of ZOOBDOO.COM.

 

6. WARRANTY DISCLAIMER

6.1 ZOOBDOO.COM, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ERENTPAY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

6.2       ERENTPAY MAKES NO WARRANTY THAT: (I) ZOOBDOO.COM WILL MEET YOUR REQUIREMENTS, (II) ZOOBDOO.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ZOOBDOO.COM WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN ZOOBDOO.COM WILL BE CORRECTED.

6.3       ERENTPAY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY; AND ERENTPAY WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.

6.4       YOU ACKNOWLEDGE THAT ERENTPAY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS ADVERTISED ON ZOOBDOO.COM, THE TRUTH OR ACCURACY OF ANY THIRD PARTY SUBMISSIONS.

6.5       ERENTPAY, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ZOOBDOO.COM, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN ZOOBDOO.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ZOOBDOO.COM AND/OR SITE-RELATED SERVICES IS TO STOP USING ZOOBDOO.COM AND/OR THOSE SERVICES.

 

7. Indemnity

7.1       You agree to defend, indemnify and hold harmless Zoobdoo, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

(a)        any Venue transaction in which take part in, including as a landlord or tenatn;

(b)        your use of and access to the ZOOBDOO.COM website;

(c)        your participation in any interactive area of the ZOOBDOO.COM website.

(d)       your violation of any term of these Terms of Use;

(e)        your violation of any third party right, including without limitation any copyright, property, or privacy right;

(f)        your violation of any law, rule or regulation of the United States, any state, or any other country;

(g)        any claim that one of your Third Party Submissions or a Third Party Submission posted using your account caused damage to another third party.

(h)       any other party's access and use of ZOOBDOO.COM with your account.

7.2       This defense and indemnification obligation will survive these Terms of Use and any termination of your use of the ZOOBDOO.COM website.

 

8. PRIVACY POLICY

8.1 Zoobdoo has established a Privacy Policy to explain to users how personal information is collected and used, which is located at the following web address:

http://zoobdoo.com/privacypolicy

8.2 Your use of ZOOBDOO.COM signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Zoobdoo may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, or respond to claims from third-parties.

 

9. Governing Law / Disputes

9.1       You agree that the ZOOBDOO.COM website shall be deemed solely based in the State of Nevada.

9.2       The ZOOBDOO.COM website shall be deemed a passive website that does not give rise to personal jurisdiction over Zoobdoo, either specific or general, in jurisdictions other than Nevada.

9.3       Governing Law / Jurisdiction. These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. These Terms of Use are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Use, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.

9.4       Disputes. Any dispute, claim or controversy arising out of or relating to the ZOOBDOO.COM website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the ZOOBDOO.COM website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

9.5       Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND Zoobdoo AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

10. Assignment / Modification

10.1     Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Zoobdoo without restriction.

10.2     Modification. We reserve the right to amend these terms and conditions at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. Your continued use of ZOOBDOO.COM after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) ZOOBDOO.COM.

 

11. Ability to Accept Terms of Use

You hereby declare, represent and warrant that you are over eighteen (18) years of age, or that you are an emancipated minor, or that you possess legal parental or guardian consent, and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Use. ZOOBDOO.COM is not intended for use of children under eighteen (18) years old. Children under eighteen (18) years of age are hereby explicitly prohibited from using the ZOOBDOO.COM website.

 

12. Consent

By using ZOOBDOO.COM in any way you are agreeing to comply with these Terms of Use. In addition, when using a particular ZOOBDOO.COM service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with ZOOBDOO.COM in any way, your only recourse is to immediately discontinue your use of ZOOBDOO.COM.

 

Privacy Policy

Scope

We at Plaid Inc. ("we", "us" or "our") know you care about how your personal information is used and shared - and we take your privacy seriously. This privacy policy ("Privacy Policy") covers our treatment of personally identifiable information ("Personal Information"), and certain non-personally identifiable information, that we gather when you use or otherwise engage (via mobile application, web browsing or otherwise) with our website or services (collectively, the "Service"). It describes what types of information we collect, how we use that information, and who we share that information with.

By using or accessing the Service in any manner, you acknowledge that you accept and agree to the terms, practices and policies outlined in this Privacy Policy, and you hereby consent that we may collect, use, and share your information as set forth below.

This policy does not apply to any website, product or service of any third-party company even if the website or application links to (or from) the Service. Plaid does not operate those websites, products, or services - please always review the privacy practices of a company before deciding whether to provide any information to them.

 

Information We Collect

In general, we collect information in a number of ways, including (i) when a client or end-user provides it directly to us via the Website and/or Service, (ii) when we obtain end-user information through trusted third parties including financial institutions, (iii) through your continued access of the Service, including data passively collected through technology such as "cookies". The types of information we collect and our use of that information will depend on whether you are a Website Visitor, Client, or End-User.

By signing up for the Service, whether directly on our site, with one of the third-party applications that uses our software, or by any other means, you consent to these terms. Some features of the Service allow you to provide content, including financial credentials and information, to the Service. All content submitted by you to the Service or collected on your behalf from a third-party (e.g., client) application or a financial institution (e.g., a bank) may be retained by us indefinitely, even after you terminate your account. We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.

 

Cookies and IP Addresses

We automatically receive and record information from your web browser when you interact with the Service, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Service (e.g., what links you have clicked on). Generally, the Service automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Service so that we can analyze and improve them. We may also receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.

Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Service through the Internet. Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Service and may associate that information with your Account if you have one. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage the most attractive features of the Service. This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.

Website Visitors

To simply browse our Website, you are not required to provide any Personal Information. However, we may gather non-personally-identifiable information, as described directly above, just for the purposes of monitoring and improving our Website and the Service. We will not share this information with third parties except as a necessary part of providing our Website and the Service, nor will we use it to target any advertisements to you. Of course, if you sign up with or use any of our services, more information is shared.

 

Clients

When you use Plaid services as a client, whether paid or unpaid, we will gather and store your name, company name, email address, phone number, billing address, and any other relevant information that you provide directly to us. Any and all test and/or live users that sign up as an end-user of your services fall under the end-user category. If you sign up for a paid account, we will also store the relevant data required to complete your transaction, including but not limited to your financial information, bank account numbers, routing numbers, billing address and company name. We may also rely on a third-party payment processor to complete transactions, and all data shared with them falls under their own privacy policies. Further, we will collect and associate all relevant end-user data with your client account, including but limited to end-user names, email addresses, billing addresses and financial information. We may additionally collect information on the IP addresses, devices, and locations used to access Plaid, which may be linked to your account for fraud detection and prevention purposes. Finally, we may collect additional data for identity verification on an as-needed based determined at our own sole discretion.

 

End-Users

As an end-user of any application that utilizes the Service, whether via a client or other third-party, directly via use of our API or other services, or through an application built by us directly, you are agreeing to share financial information with us including, but not limited to, your account credentials, transactional histories, account numbers, and balances/limits as well as general identity data including names and addresses of all account holders. You are enabling us to interact with and through your financial institutions on your behalf and with your consent. We may also retrieve information pertaining to usage of our client applications and other general activity that comes through use of the Service.

We collect statistical information about how both unregistered and registered users, collectively, use the Service ("Aggregate Information"). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, your Account or your web browser.

 

How We Use Personal Information

Plaid uses your Personal Information as follows:

  • To operate and maintain the Service (such as, overall operating and maintenance, providing customer service, fixing malfunctions, testing our security systems, etc.).
  • To provide you with the features, functions and benefits of the Service (such as, displaying to information regarding your financial accounts).
  • To enhance, improve, add to and further develop the Service (such as, creating new features or functions, refining or personalizing the user experience, increasing Service technical performance, etc.).
  • We will use your contact information (such as, your email address or phone number) to provide you with Service notifications.
  • To help personalize the Service experience for you (such as, remembering your information so you will not have to enter it each time you use the Service or providing you with offers, advertisements or features you may like).
  • And for the other purposes referenced in the "Sharing and Disclosure" section below (such as, for the purposes of legal compliance).

 

Sharing and Disclosure

Plaid does not sell or rent any personal information to marketers or third parties that have not been explicitly authorized (e.g., in the case of a client).

We may share your Personal Information with trusted third parties who are integral to the operation of our Website and the Service, including but not limited to financial institutions, payment processors, verification services and credit bureaus, as well as any third parties that you have directly authorized to receive your Personal Information. We may store your Personal Information in locations outside the direct control of Plaid, for instance, on servers or databases co-located with hosting providers.

If you authorize an application to access your Plaid account, you acknowledge that we may share financial information with the third party that provides the authorized application. The use of your information by such third party will be subject to their applicable privacy policy, which you should carefully review.

We may disclose your Personal Information to law enforcement, government officials, or other third parties if: (i) we are compelled to do so by subpoena, court order or other legal process, (ii) we must do so to comply with laws, statutes, rules or regulations, including credit card rules, (iii) we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Use.

We will only disclose your Personal Information in response to such a request if we believe in good faith that doing so is necessary to comply with applicable law or a legal obligation to which we are bound. If we receive such a request, we will use reasonable efforts to give you prompt notice, so that you may contest it if you choose. We will not provide you such notice if we determine in good faith that either (a) we are not permitted to provide it under applicable law, or (b) that doing so would result in an imminent risk of death, serious physical injury or significant property loss or damage to Plaid or a third party. In addition, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar events, certain information in our possession may be transferred to our successor or assign.

We may occasionally email you with information about offers or new services. You can opt out of these email communications by replying with unsubscribe in the subject line, or via an unsubscribe link included in such communications. However, you will continue to receive certain email communications related to your account including information regarding transactions and your relationship with Plaid.

 

Protection of Information

Although no data storage or transmission can be 100% secure, we take significant steps to protect user and account information to ensure that it is kept private. Plaid maintains strict administrative, technical, and physical procedures to protect information stored in our servers, which are located in the United States. Access to information is limited (through user and password credentials and software systems) to those employees who require it to perform their job functions. We use industry-standard Secure Socket Layer encryption to safeguard the account registration and sign-up information, along with the end-user sign-up process. Other safeguards include, but are not limited to data encryption, firewalls, and physical access controls to building and files.

 

Updates

This Privacy Policy was last changed on the date set forth at the top of the policy. We're constantly trying to improve the Service, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on our website, by sending you an email, and/or by some other means. In addition, we will also edit the date at the top of this policy to reflect the date of the changes. Please note that if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Service, and you are still responsible for reading and understanding them. If you use the Service after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.

 

Information from Children

We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at privacy@plaid.com.

 

Contacting Us

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to privacy@plaid.com, or: Attn: Legal; Plaid Inc. - San Francisco, CA 94105.

 

Terms of Use

Welcome to Plaid! We created the Plaid service to make it easy for developers to build applications that connect with banks and credit cards. These Terms of Use set forth here constitute a legally binding agreement between Plaid Inc. ("Plaid", "we", "us" or "our") and the individual(s), application, service, or business named on the registration page or API License Agreement ("you", "your", "user", or "client"). By registering with us on our website ("Site"), our API License Agreement, or by using our service in any way - you agree to these Terms of Use and all other operating rules, policies and procedures that will be published from time to time on the Site. The Site and Plaid service will be referred to together as the "Service".

 

Plaid Services

The Service enables applications to connect with end-user-authorized data from financial institutions including banks, card issuers, and card networks ("financial institutions"). Further, we attempt to structure, normalize, and cleanse the data we return to the client into a concise and highly functional format. Plaid currently supports financial institutions in the United States. We are neither a bank, money service business, nor payment processor – and we cannot assume any liability for the products or services that are built using our service.

Our services are accessible using the Plaid API and related tools made available on this site and on our page on GitHub. Plaid makes no warranty for use of these services, which are provided "as-is" (see our disclaimer). You assume all risk for use of these services, as we cannot guarantee data quality, uptime, or other relative metrics. Our service is built to help you connect with end users' personal and financial information (such as from third party banks) ("End User Data"), and it is your responsibility to obtain your end-users' consent in compliance with the applicable legal requirements and rules. Further, use of our services for anything other than what is named in these Terms of Use or our Privacy Policy is prohibited.

Plaid supports certain financial institutions via Plaid's native technology. For other institutions (which we label "longtail institutions"), Plaid utilizes information passed from a third-party provider. When you access information from the longtail institutions, your usage is governed by these Terms of Use and the relevant additional provisions: https://plaid.com/legal/.

 

Registration

The Service is made available under these Terms of Use to individuals or businesses to collect End User Data. To sign up for the Service, you must create an account ("Account") by registering using our registration page or our API License Agreement and providing basic information including your name, company name, location, email address, company/site URL, and phone number. You must provide accurate and complete information and keep your Account information updated. It is your responsibility to maintain access to your account; you may never share your account information with a third party or allow any other application or service to act as you.

By accepting these Terms of Use, you confirm that you, your business, your employees, and any others relating to you adhere to all local laws and regulations, especially those pertaining to financial and personally identifiable data.

 

Customer Service

We will provide customer service to help resolve any issues relating to your Account, our services, and the other use of our software. The extent and nature of such customer service may be determined by Plaid in its sole and absolute discretion. You, and you alone, are responsible for providing all customer service to your end-users for any and all issues relating to your product and services, including but not limited to issues relating to the Service. For questions on how to contact Plaid support, please see our support page: https://github.com/plaid/support.

 

General Services Content

You agree that the Service contains information and other content specifically provided by Plaid or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. For clarity, this section does not apply to end User Data. Except as expressly authorized by Plaid in writing, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. However, Plaid hereby grants you a limited, revocable, non-sublicensable license to reproduce and display such content (excluding any software code); provided, that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any such content, including any materials or design elements on the Service, for any other purpose is strictly prohibited without the express prior written permission of Plaid.

 

Your Security Obligations

We cannot guarantee the security of our users' applications. We reserve the right to terminate a user without notice if we suspect that they are at risk of a security breach. While we cannot ensure that our users follow all the necessary security protocols, we strongly recommend that you adhere to the following minimum security protocols:

  • Use of PCI compliant servers
  • Use of HTTPS for all API requests (non-HTTPS requests are currently disabled)
  • Do not store end-user credentials or other sensitive personally identifiable information
  • Encryption of your client ID and secret in all storage and communication

It is your responsibility to maintain the security of your account information, including your Client Identification Number ("client ID") and Client Secret ("secret"). You must notify us immediately of any breach of security or unauthorized use of your Account. You may never publish, distribute or share your Client ID or Secret.

 

Prohibited Uses

You are responsible for all of your (and your end users') activity in connection with the Service. You shall not (and shall not permit any other party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  • impersonates any person or entity, including any of our employees or representatives; or
  • includes anyone's identification documents or sensitive financial information.

The Service may only be used by you to interact directly with your end-users. You will not resell or otherwise distribute the Service. In accepting these Terms of Use, you agree to use the Service for the purposes for which it is provided by us and not for competitive evaluation, spying, copying, or other nefarious purposes.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

You shall not: (i) 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; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

 

Suspicion

We reserve the right to withhold our services in their entirety or in part where we believe they are being used in violation of these Terms of Use, any other Plaid agreement, or pose a risk to the end-user, client, or Plaid itself. Under the terms of these Terms of Use, you are granting us authorization to share information with law enforcement about you, your transactions, your Plaid account, or your end users if we reasonably suspect that your use of the Service has been for an unauthorized, illegal, or criminal purpose.

 

Privacy and End User Data

For our privacy policies, please see our Privacy Policy. If you produce an end user-facing product (such as a mobile application) using the Service, the following applies:

Your product must maintain a clear and conspicuous link in its privacy policy to Plaid's Privacy Policy. Such link must include a clear and conspicuous statement that each end user acknowledges and agrees that information will be treated in accordance with such policy. You will ensure that each end user is put on notice of, and agrees to, such policy prior to engaging with your product in a manner that uses the Service. In addition, your product's end user agreement must include an express authorization by the end user expressly granting Plaid the right, power and authority to (acting on behalf of such end user) access and transmit the End User Data as reasonably necessary for Plaid to provide the Service to such end user. All of the foregoing must be done in a form and manner that is acceptable to Plaid. You will immediately make any changes requested by us.

 

Payments and Billing

Certain aspects of the Service may be subject to payments now or in the future (the "paid services"). Please note that any payment terms presented to you in the process of using or signing up for a paid service are deemed part of these Terms of Use.

We may use a third-party payment processor to bill you through a payment account linked to your account on Plaid (your "billing account") for use of the paid services. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms of Use. We are not responsible for error by the payment processor. By choosing to use paid services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such paid services in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your payment provider (your "payment method"). You agree to make payment using that selected payment method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

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 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.

Some of the paid services may consist of recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act.

You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing address current, complete and accurate, and must promptly notify us or your 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. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.

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.

Your non-termination or continued use of a paid service reaffirms that we are authorized to charge your payment method for that paid 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 paid service.

 

Indemnification

You shall defend, indemnify, and hold harmless Plaid, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all damages, losses, liabilities, claims, and costs and expenses, including all attorneys' fees, that arise from or relate to: (i) your use or misuse of, or access to, the Service, (ii) your violation of these Terms of Use, (iii) any content, information or materials provided by you or any or your end users, (iv) disputes or issues your end users may have with respect to you or any of your products or services or content, (v) disputes or issues your end users may have with respect to any End User Data (including, without limitation, with respect to the timeliness, accuracy or completeness thereof), or (vi) infringement by you, or any third party using your account or identity in the services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

 

References

You agree that, during the time you are a registered Service user, we may identify you as a customer of Plaid (including, without limitation, on the Site and in promotional materials).

 

Termination

We may terminate or suspend your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Limitation on Liability

IN NO EVENT SHALL PLAID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (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) $100.00 (U.S.) (PROVIDED THAT, IF YOU ARE A PAYING USER OF THE SERVICE, SUCH AMOUNT SHALL BE CAPPED AT THE AMOUNTS PAID BY YOU TO PLAID DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUED). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PLAID MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER'S REQUIREMENTS. IN ADDITION, PLAID MAKES NO WARRANTY THAT ANY END USER DATA WILL BE TIMELY, ACCURATE OR COMPLETE. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue an aspect of the Service at any time by posting a notice on the Site or by sending you notice through the Service, via e-mail, as an account notification, or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the services following notification of any changes to these Terms of Use constitutes acceptance of those changes.

 

Miscellaneous

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Plaid shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Plaid's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent. Plaid may transfer, assign or delegate these Terms of Use and its rights and obligations without consent. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Notwithstanding the foregoing sentence, (but without limiting either party's right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to these Terms of Use shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. ("JAMS"). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in San Francisco, California using the English language. Both parties agree that these Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Plaid in any respect whatsoever.