Generally. You may use the RedDoor Services as a Borrower or an Agent, as described below. Note that when we use the term “you” throughout these Terms, “you” refers to you, as an Agent or as a Borrower, unless otherwise specified as applying only to Agents or only to Borrowers.
- Borrowers. The RedDoor Services offer potential homebuyers (each, a “Borrower” and collectively, the “Borrowers”) the ability to search and find home financing options, generate and send loan approval letters, and connect and chat with loan officers. Our RedDoor chatbot will ask Borrowers questions, run credit checks based on those responses, and populate home financing options that may be of interest to each Borrower. Once a Borrower has selected a loan program, the Services will generate a pre-approval letter from MortgageHub Inc., which then can be emailed to the individual designated as the Borrower’s real estate agent within the Services (“Agent”). After a Borrower has confirmed that a seller has accepted its offer in writing or the Borrower’s Agent shares a fully executed purchase agreement with RedDoor, the Borrower will be connected to a loan officer who will provide guidance through the remainder of the home financing process.
- Agents. The RedDoor Services allow you, as an Agent, to stay updated on the activity of one (1) or more of your clients, Borrower(s), with respect to their use of the RedDoor Services.
No Guarantees for Borrowers. USE OF OUR SERVICES DOES NOT GUARANTEE THAT BORROWERS WILL QUALIFY FOR A LOAN, THAT WE WILL BE ABLE TO MATCH A BORROWER WITH A CERTAIN LENDER OR ANY LENDER, AND/OR THAT A BORROWER WILL BE APPROVED FOR A LOAN IN A CERTAIN AMOUNT. IN ORDER TO SEE IF YOU, AS A BORROWER, QUALIFY FOR A LOAN, THE REDDOOR CHATBOT WILL ASK BORROWERS CERTAIN HISTORICAL AND FINANCIAL INFORMATION FROM YOU WHICH WE MAY SHARE WITH YOUR AGENT AND POTENTIAL LENDERS. BY SUBMITTING RESPONSES TO SUCH INFORMATION, BORROWERS ACKNOWLEDGE AND AGREE THAT WE MAY PERFORM, AND/OR USE SUCH INFORMATION TO HAVE ONE (1) OR MORE CREDIT REPORTING AGENCIES AND/OR OTHER ELIGIBILITY VERIFICATION AGENCIES OR SERVICES (EACH, A “CREDIT CHECK AGENCY”) PERFORM A CREDIT CHECK, VERIFICATION OF INCOME, AND/OR VERIFICATION OF EMPLOYMENT (COLLECTIVELY, A “CREDIT REPORT”), AND THAT A BORROWER’S CREDIT REPORT MAY BE USED TO VERIFY YOUR ELIGIBILITY FOR THE LOAN FOR WHICH YOU HAVE APPLIED AND TO CONFIRM YOUR IDENTITY TO AVOID FRAUDULENT TRANSACTIONS IN YOUR NAME.
- Application Data. In completing and submitting an application for a loan, Borrowers agree to (1) provide true, accurate, current and complete information about yourself as prompted by the RedDoor chatbot and/or loan officer; and (2) maintain and promptly update any such data or information, as necessary, to keep it true, accurate, current and complete. If any information you, as the Borrower, provide is untrue, inaccurate, not current or incomplete, we have the right to terminate your loan application and/or your access to the Services. In addition, you, as the Borrower, agree to notify us if any changes in any application data is required to be made. When you submit a loan application, you agree to cooperate in the application process, including by submitting all required documentation in a timely manner, and if needed, to obtain information we may need from third parties, including but not limited to your Agent. As the Borrower, you acknowledge and agree that our ability to facilitate the processing and closing of your loan(s) depends on such cooperation.
- Credit Checks. The ultimate decision as to whether any individual may be approved for a loan is solely within each lender’s discretion. As the Borrower, you acknowledge and agree that, as between RedDoor and the Credit Check Agency, the Credit Check Agency is solely responsible for each Credit Report and the content thereof, including the accuracy, completeness, timeliness and reliability thereof. REDDOOR DOES NOT PROVIDE AND THEREFORE IS NOT RESPONSIBLE FOR ANY CREDIT REPORTS ISSUED OR GENERATED BY ANY CREDIT CHECK AGENCIES.
- Registering Your Account. In order to access certain features of Services you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website or Application (“Account”).
- Inviting Co-Borrowers to Register Account. Registered Users may invite coborrowers to register for an Account on the Website or Application, allowing such co-borrowers to accept invitations to be a part of a Borrower’s mortgage pre-approval; chat, generate, or see joint maximum buying power; or apply for a mortgage on a joint application and communicate with the loan officer.
- Registration Data. In registering an account with the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Website, Application, or Services (collectively, the “RedDoor Properties”) under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time.
- Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Application. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Services. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for texts in order to provide the Services, including alerts when a Borrower participates in certain activities through their use of the Services. RedDoor will not assess and charge for any texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing firstname.lastname@example.org.
- Mobile Communications. By accessing and using the Application, Borrowers acknowledge and agree that you may receive certain communications from the Services (such as SMS, MMS, text messages, mobile emails, or other electronic communications means, collectively “Mobile Communications”). Please note that by accessing and using the Application, you may incur fees from the provider or carrier of the mobile services that you use (“Carrier”) and you are solely responsible for the payment of such fees, including for text messages and data.
- RedDoor Properties. Except with respect to the information or data you submit through the Services (collectively, “Your Data”), you agree that RedDoor and its suppliers own all rights, title and interest in RedDoor Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Application, the Services, or RedDoor Properties.
- License to Your Data. Subject to any applicable account settings that you select, you grant RedDoor a fully paid, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, distribute, and reproduce Your Data (in whole or in part) for the purposes of operating and providing the Services. You agree that you, not RedDoor, are responsible for all of Your Data that you make available on or in RedDoor Properties.
- Feedback. You agree that submission of any ideas, suggestions, criticisms, documents, and/or proposals to RedDoor through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that RedDoor has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to RedDoor a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of RedDoor Properties.
User Conduct. You agree that you will not, under any circumstances:
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Attempt to access or use another user’s Account without authorization;
- Create or use a false identity;
- Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
- Stalk or otherwise harass any other user of our RedDoor Properties; or
- Make available any data, information, or content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- Interfere or attempt to interfere with the proper functioning of RedDoor Properties or connect to or use RedDoor Properties in any way not expressly permitted by the Terms;
- Systematically retrieve data or other content from our RedDoor Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
- Use, display, mirror or frame RedDoor Properties, or any individual element within RedDoor Properties, RedDoor’s name, any RedDoor trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without RedDoor’s express written consent;
- Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through RedDoor Properties or that is in transit from or to RedDoor Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by RedDoor Properties;
- Use, facilitate, create, or maintain any unauthorized connection to RedDoor Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of RedDoor Properties; or (ii) any connection using programs, tools or software not expressly approved by RedDoor;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide RedDoor Properties, or to obtain any information from RedDoor Properties; or
- Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Indemnification. You agree to indemnify and hold RedDoor, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “RedDoor Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Data, including any inaccuracies therein; (b) your use of, or inability to use, RedDoor Properties; © your violation of the Terms; (d) your violation of any rights of another party; (e) your violation of any applicable laws, rules or regulations; or (f) your breach of violation of any loan agreement to which you are bound. RedDoor reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RedDoor in asserting any available defenses. This provision does not require you to indemnify any of the RedDoor Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to RedDoor Properties.
Disclaimer of Warranties and Conditions.
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF REDDOOR PROPERTIES IS AT YOUR SOLE RISK, AND REDDOOR PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. REDDOOR PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE OR SERVICES.
- REDDOOR PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) REDDOOR PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF REDDOOR PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF REDDOOR PROPERTIES WILL BE ACCURATE OR RELIABLE.
- THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. REDDOOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REDDOOR OR THROUGH REDDOOR PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- FROM TIME TO TIME, REDDOOR MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT REDDOOR’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
- No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT REDDOOR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD REDDOOR PARTIES LIABLE, FOR THE CONDUCT OR INFORMATION OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO OTHER USERS (WHETHER BORROWERS OR AGENTS) OR LENDERS. WE ARE NOT LIABLE FOR THE ACCURACY OR QUALITY OF ANY THIRD-PARTY SERVICES OR INFORMATION, INCLUDING BUT NOT LIMITED TO MULTIPLE LISTING SERVICES AND/OR THIRD-PARTY MORTGAGE PRICING ENGINES.
Limitation of Liability.
- Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL REDDOOR PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH REDDOOR PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT REDDOOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF REDDOOR PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE REDDOOR PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH REDDOOR PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON REDDOOR PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO REDDOOR PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A REDDOOR PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A REDDOOR PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A REDDOOR PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- Disclaimers Regarding Loans. BORROWERS ACKNOWLEDGE AND AGREE THAT REDDOOR PARTIES ARE NOT RESPONSIBLE FOR ANY DELAYS IN PROCESSING OR CLOSING YOUR LOANS DUE TO: (A) OUR UNTIMELY RECEIPT OF AN ACCEPTABLE APPRAISAL; (B) OUR UNTIMELY RECEIPT OF REQUIRED DOCUMENTATION FROM YOU OR ANY THIRD PARTY; © THE FAILURE OF YOUR CURRENT HOME TO BE SOLD IN A TIMELY MANNER; (D) MATTERS DISCLOSED BY A TITLE COMMITMENT OR SURVEY; (E) ANY FAILURE OR DELAY CAUSED BY A TITLE AND ESCROW COMPANY OR REPRESENTATIVE, AND/OR OTHER MATTERS RELATING TO TITLE AND ESCROW; OR (F) ANY OTHER MATTERS BEYOND OUR REASONABLE CONTROL.
- Cap on Liability. UNDER NO CIRCUMSTANCES WILL REDDOOR PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A REDDOOR PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A REDDOOR PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A REDDOOR PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REDDOOR AND YOU.
- Violations. If RedDoor becomes aware of any possible violations by you of the Terms, RedDoor reserves the right to investigate such violations. If, as a result of the investigation, RedDoor believes that criminal activity has occurred, RedDoor reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. RedDoor is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in RedDoor Properties, including Your Data, in RedDoor’s possession in connection with your use of RedDoor Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Data violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of RedDoor, its Users or the public, and all enforcement or other government officials, as RedDoor in its sole discretion believes to be necessary or appropriate.
Breach. In the event that RedDoor determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for RedDoor Properties, RedDoor reserves the right to:
- Warn you via e-mail (to any e-mail address you have provided to RedDoor) that you have violated the Terms;
- Delete any of Your Data provided to RedDoor Properties;
- Terminate your pending loan application(s) if you are a Borrower;
- Discontinue your access to any Services;
- Notify and/or send Your Data to and/or fully cooperate with the proper law enforcement authorities for further action;
- File a reporting with any and all appropriate Credit Check Agencies; and/or
- Pursue any other action which RedDoor deems to be appropriate.
Term and Termination.
- Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use RedDoor Properties, unless terminated earlier in accordance with the Terms.
- Prior Use. Notwithstanding the foregoing, if you used RedDoor Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used RedDoor Properties (whichever is earlier) and will remain in full force and effect while you use RedDoor Properties, unless earlier terminated in accordance with the Terms.
- Termination of Services by RedDoor. If you have materially breached any provision of the Terms, or if RedDoor is required to do so by law (e.g., where the provision of the Website, the Application, the Software or the Services is, or becomes, unlawful), RedDoor has the right to, immediately and without notice, suspend or terminate any Services provided to you, and take any action as set forth in Section 9.2. You agree that all terminations for cause shall be made in RedDoor’s sole discretion and that RedDoor shall not be liable to you or any third party for any termination of your Account, including any requirement with respect to any lender or potential lender.
- Termination of Services by You. THE SERVICES WILL CONTINUE UNTIL TERMINATED BY US OR BY YOU IN ACCORDANCE WITH THIS SECTION. If you want to terminate the Services provided by RedDoor, you may do so by closing your Account for all of the Services that you use.
- Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Data associated therewith from our live databases. RedDoor will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Data. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. TERMINATION OF THE SERVICES BY EITHER YOU OR REDDOOR WILL NOT CANCEL OR REDUCE ANY CHARGES OR FEES THAT CONTINUE TO BE DUE AND PAYABLE TO REDDOOR.
- No Subsequent Registration. If your registration(s) with or ability to access RedDoor Properties, or any other RedDoor community is discontinued by RedDoor due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with or access RedDoor Properties or any RedDoor community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those RedDoor Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, RedDoor reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with RedDoor and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, Application, and/or Services, or to any aspect of your relationship with RedDoor, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or RedDoor may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Legal Department, MortgageHub, Inc., 1161 Mission Street #401, San Francisco, 94103. Arbitration shall be administered by the American Arbitration Association and not in a court of law, in accordance with its Arbitration Rules & Procedures, effective at the time a claim is made. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and RedDoor. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND REDDOOR HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and RedDoor are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 10.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in Orange County, California. All other claims shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 1161 Mission Street #401, San Francisco, 94103, or by sending an email to email@example.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your RedDoor account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement, such as “I opt out of arbitration”. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided in subsection 10.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with RedDoor.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if RedDoor makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing RedDoor at the following address: 1161 Mission Street #401, San Francisco, 94103.
- Electronic Communications. The communications between you and RedDoor use electronic means, whether you visit RedDoor Properties or send RedDoor e-mails, or whether RedDoor posts notices on RedDoor Properties or communicates with you via e-mail or text message. For contractual purposes, you (1) consent to receive communications from RedDoor in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that RedDoor provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Release. You hereby release RedDoor 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 acts or omissions under your loan agreement, or any dispute between you and your lender and/or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a RedDoor Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
- Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without RedDoor’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. RedDoor shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to RedDoor Properties, please contact us at: firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and RedDoor agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Orange County, California.
- Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
- Notice. Where RedDoor requires that you provide an e-mail address, you are responsible for providing RedDoor with your most current e-mail address. In the event that the last e-mail address you provided to RedDoor is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, RedDoor’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to RedDoor at the following e-mail address: email@example.com. Such notice shall be deemed given when received by RedDoor by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
- Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.