IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH ARRIVEHOME ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
- Permissible Use. Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale). Without limitation, lending professionals and institutions are prohibited from using information provided by ArriveHome through the Services in making any loan-related decisions. The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, you agree not to provide/post/authorize a link to any of the Services (including, but not limited to, your agent profile page) from a third party website that is not a real estate related website owned or operated by a real estate or lending professional or institution.
- Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
Furthermore, you agree that any information you provide on or to ArriveHome is truthful and of yourself. By using ArriveHome, you agree to 1) promote yourself, 2) that your profile picture is of yourself, 3) your biography and video biography promotes yourself, and 4) the phone number you associate with your ArriveHome account is the primary number for the agent that setup the ArriveHome name and profile. ArriveHome does not allow individuals to promote a brokerage at-large, other entity, or platform without express written consent from ArriveHome, or through an Advertising Services Agreement. Any violation of these terms can result in suspension and/or termination of your ArriveHome account at ArriveHome’s sole discretion.
- Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from ArriveHome. As a limited exception, publicly available search engines and similar internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (captcha) which limits access to human users.
- Calls or Text Messages (SMS). If you, as a consumer, choose to contact a real estate agent or a Lender (as defined below) through the Services by filling out a contact or other request form on the Services, you authorize ArriveHome to provide your name and contact information and other identifying information you provide to the applicable real estate agent or Lender. Further, if you elect to request pre-approval from a Lender (as defined below) in connection with your contact with a real estate agent, you authorize ArriveHome to provide your name and contact information and other identifying information you provide to the participating Lender. You acknowledge that, by submitting your contact request or other request form on the Services or by electing to request pre-approval, you may receive telemarketing calls from or on behalf of the real estate agent or Lender at the telephone number(s) you provide.
- Agent Subscription and Purchases. UNLESS YOU NOTIFY US BEFORE YOUR MONTHLY BILLING DATE THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION WITH US, YOU UNDERSTAND THAT YOUR ARRIVEHOME SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to ArriveHome in connection with the Services (your “Submission”), the Submission remains your property, but you grant ArriveHome an irrevocable, perpetual, transferable, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, translate, and otherwise exploit your Submission, in connection with the Services or in any other media, without further notice to or consent from you, and (b) sublicense these rights, to the maximum extent permitted by applicable law. ArriveHome will not pay you or any other person for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. ArriveHome may remove or modify your Submission at any time. For each Submission, including, but not limited to, all videos or photos, you agree to provide accurate and complete information and represent that you have all rights necessary to grant ArriveHome the rights in this paragraph, that ArriveHome’s use of the Submission will not infringe any third party rights, that the Submission does not contain any profanity or sexually suggestive content and shall be appropriate for the Services in every manner, and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.
ArriveHome will not use client contact information that is uploaded by agents into the ArriveHome portal for any purpose.
- The Role of ArriveHome. ArriveHome provides the service of providing connections between potential buyers of real estate with potential real estate agents and Lenders. ArriveHome does not broker real estate transactions. ArriveHome does not act as a real estate agent for you or any other user. ArriveHome does not sell, buy or negotiate the purchase, sale or exchange of real property. Further, ArriveHome does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
- Mortgage Information Services.
- Mortgages. ArriveHome allows consumers to provide anonymous information to banks, lenders, financial institutions, originators, loan brokers, other mortgage professionals and their employees (collectively, the “Lenders”) to request quotes on terms for home loans. Lenders may elect to respond to consumer requests with non-binding customized quotes of the terms they would offer to a borrower fitting the consumer’s anonymous profile, as well as their contact information. These non-binding quotes are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act. ArriveHome also allows consumers to provide certain information to Lenders and receive Lender contact information or request that Lenders pre-approve them for home loans. ArriveHome does NOT take mortgage applications. ArriveHome does NOT make loans or credit decisions in connection with loans. Any loan inquiry you submit is NOT an application for credit. ArriveHome does not pre-approve borrowers for loans. ArriveHome lists Lenders who may conduct a preliminary review to determine your loan qualifications based on their guidelines. To receive a pre-approval letter, you must complete a short online questionnaire that asks for personal information including income, credit score, and monthly debt. After completing the questionnaire, you may see an estimated pre-approval amount based on the information you provided. To continue the process of requesting a pre-approval letter, a Lender will require more details, such as pulling your credit report (at your request). If you meet the Lender’s guidelines based on preliminary review of your responses to the questionnaire and your credit report, you may receive an online pre-approval letter. A pre-approval letter is not an offer to lend, a commitment to make a loan, or a guarantee of specific rates or terms. Even if you receive a pre-approval letter, you may not get a loan from a Lender or a loan at a specific rate or subject to particular terms. A Lender may require income and asset verification, as well as satisfaction of other conditions, before they commit to extending a loan. ArriveHome does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any Lender—loan approval standards are established and maintained solely by individual Lenders. ArriveHome does not guarantee that the loan terms or rates offered and made available by Lenders are the best terms or lowest rates available in the market. When consumers submit the required information for a Lender to contact them or when consumers request pre-approval from a participating Lender, Lenders may elect to respond based on parameters established by the Lender and ArriveHome will create a contact for the selected Lender based on parameters established by the Lender. If you, as a consumer, choose to contact a Lender through the Services offered by ArriveHome by filling out a contact request or other request form or by completing a questionnaire on websites associated with these Services, you authorize ArriveHome to provide your name, contact information and other information you provide to a Lender, along with your quote or pre-approval request (if any). You acknowledge that, by submitting your contact request, other request form or by completing a questionnaire on the Services, you may receive telemarketing calls from or on behalf of a Lender at the telephone number(s) you provide. By submitting your name, contact information and other information, your identity will no longer be anonymous. Any loan or other business conducted is between you and the Lender. By submitting personal information through Services offered through ArriveHome, you authorize, Lenders (or a third party designated by a Lender) to request from one or multiple credit bureaus / reporting agencies, your credit bureau report including any ancillary credit scores or ratings.
- Disclaimer Regarding the Role of ArriveHome. ArriveHome is not a Lender, loan originator, loan processor or underwriter. ArriveHome does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. ArriveHome does not take applications for credit or issue pre-approval letters. Your submission of information and any request for quotes or pre-approval is not an application for credit. ArriveHome does not endorse, refer or recommend any Lender or the products of any Lender. Consumers should rely on their own judgment in deciding which available loan product, terms and Lender best suit their needs and financial means. Nothing contained in the Services is an offer to lend or a commitment for a loan, and ArriveHome does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. ArriveHome is not an agent of either any consumer or any Lender. ArriveHome is only providing an administrative service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers or pre-approval requests are made by participating Lenders and not ArriveHome. ArriveHome assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services and any other information available there. Interest rates provided through the Services are for information purposes only, and actual interest rates may vary. Lenders may keep consumer loan request information and any other information provided by ArriveHome or received by Lenders in processing a contact or pre-approval request, whether or not a consumer is qualified for a loan with a Lender.
- Fees. The Services offered by ArriveHome are free to consumers. ArriveHome is paid an advertising fee by Real Estate Agents and Lenders for the goods, facilities and services provided through the Services offered by ArriveHome.
- Participating Lenders. The Lenders participating on the Services are solely responsible for their services to consumers. ArriveHome shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumers’ use of the Services or the services offered by Lenders. ArriveHome is not responsible for any errors or delays caused by consumers or any Lenders in the loan process. ArriveHome reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Lender or other user from using or participating in any of the Services offered by ArriveHome.
- Headquarters. ArriveHome has its headquarters at 25 Brookline, Aliso Viejo, CA 92656.
- Disclosures and Consent. By using this website and Services, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to.
- Linked Materials and Third-Party Materials. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. ArriveHome does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that ArriveHome has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and ArriveHome takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
- Claims of Copyright Infringement. ArriveHome respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify ArriveHome’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
Aliso Viejo, California
Attention: Legal Department
By e-mail: email@example.com
If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
- Intellectual Property. The Services are the property of ArriveHome, and subject to the intellectual property rights of ArriveHome and its licensors. You may not use any of ArriveHome’s trademarks as part of your screen name or email address on the Services. The names of actual companies, products and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
ArriveHome does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.
- NO WARRANTY, ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION. ARRIVEHOME PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARRIVEHOME AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ARRIVEHOME AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
WITHOUT LIMITING THE FORGOING IN ANY WAY, ARRIVEHOME MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY USER, REAL ESTATE AGENT, LENDER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, THE LOCATION, IDENTITY OR CREDENTIALS OF ANY USER, REAL ESTATE AGENT, LENDER OR ANY OTHER PERSON. AS DESCRIBED ABOVE, ARRIVEHOME PROVIDES THE SERVICE OF HELPING TO CONNECT POTENTIAL BUYERS OF REAL ESTATE WITH POTENTIAL REAL ESTATE AGENTS AND LENDERS. EACH USER OF ARRIVEHOME, INCLUDING, BUT NOT LIMITED TO, ANY POTENTIAL BUYER OF REAL ESTATE, REAL ESTATE AGENT OR LENDER ACKNOWLEDGES AND AGREES TO USE THE SERVICES PROVIDED BY ARRIVEHOME AT SUCH USER’S OWN RISK OF BODILY HARM, INJURY, LOSS OF LIFE, AND RISK OF ECONOMIC LOSS. ARRIVEHOME IS NOT AND CANNOT BE HELD RESPONSIBLE FOR ANY EVENTS THAT TRANSPIRE THROUGH ANY MEETING IN PERSON OR BY TELEPHONE OF ANY POTENTIAL BUYER OF REAL ESTATE WITH ANY REAL ESTATE AGENT, LENDER OR ANY OTHER PERSON THAT WAS FACILITATED THROUGH THE ARRIVEHOME SERVICES. ARRIVEHOME IS NOT AND CANNOT BE HELD RESPONSIBLE IN THE CASE OF ANY INAPPROPRIATE BEHAVIOR OR ANY OTHER ACT OR OMISSION BY ANY POTENTIAL BUYER OF REAL ESTATE, REAL ESTATE AGENT, LENDER OR ANY OTHER PERSON. YOU ACKNOWLEDGE THAT ARRIVEHOME MAKES NO GUARANTEES WITH RESPECT TO THE SERVICES PROVIDED BY ANY REAL ESTATE AGENT, LENDER OR ANY OTHER PERSON OR THE CREDITWORTHINESS OR ANY OTHER ASPECT OF ANY POTENTIAL BUYER OF REAL ESTATE. YOU ACKNOWLEDGE THAT ARRIVEHOME DOES NOT AND CANNOT VERIFY THE ACCURACY AND COMPLETENESS OF ANY INFORMATION PROVIDED BY ANY POTENTIAL BUYER OF REAL ESTATE, REAL ESTATE AGENT, LENDER OR OTHER PERSON. ARRIVEHOME HAS NOT CONDUCTED A CRIMINAL OR OTHER BACKGROUND CHECK ON ANY USER OF THE ARRIVEHOME SERVICES, INCLUDING, BUT NOT LIMITED TO ANY POTENTIAL BUYER OF REAL ESTATE, REAL ESTATE AGENT, LENDER OR ANY OTHER PERSON. ARRIVEHOME HAS NOT VERIFIED THAT ANY REAL ESTATE AGENT OR LENDER HAS OBTAINED OR IS IN COMPLIANCE WITH ANY LICENSES OR OTHER REQUIREMENTS OF ANY GOVERNMENTAL AUTHORITY OR OTHER REGULATORY AUTHORITY.
IN CONSIDERATION OF USING THE ARRIVEHOME SERVICES, YOU AGREE AS FOLLOWS:
YOU ACKNOWLEDGE THAT USE OF THE ARRIVEHOME SERVICES ENTAILS KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY INCLUDING, BUT NOT LIMITED TO DEATH, OR ANY OTHER BODILY INJURY, ECONOMIC LOSS OR PROPERTY DAMAGE TO YOURSELF OR TO THIRD-PARTIES. YOU UNDERSTAND THAT SUCH RISKS SIMPLY CANNOT BE ELIMINATED. YOU EXPRESSLY AGREE AND PROMISE TO ACCEPT AND ASSUME ALL OF THE RISKS EXISTING IN CONNECTION WITH ANY TELEPHONIC MEETING OR MEETING IN PERSON WITH ANY USER OF THE ARRIVEHOME SERVICES, INCLUDING, BUT NOT LIMITED TO ANY POTENTIAL BUYER OF REAL ESTATE, REAL ESTATE AGENT, LENDER OR ANY OTHER PERSON. YOUR USE OF THE ARRIVEHOME SERVICES IS PURELY VOLUNTARY AND YOU ELECT TO PARTICIPATE IN SPITE OF THE RISKS. IF YOU ARE INJURED, YOU ACKNOWLEDGE THAT YOU MAY REQUIRE MEDICAL ASSISTANCE, WHICH YOU ACKNOWLEDGE WILL BE AT YOUR OWN EXPENSE OR THE EXPENSE OF YOUR PERSONAL INSURER(S). YOU UNDERSTAND AND AGREE THAT ARRIVEHOME WILL NOT PAY FOR ANY COSTS OR EXPENSES INCURRED BY YOU IF YOU ARE INJURED. YOU UNDERSTAND AND AGREE THAT YOU ARE RELEASING, INDEMNIFYING AND HOLDING ARRIVEHOME HARMLESS FOR ANY LOSS ARISING OUT OF OR RELATED TO YOUR USE OF THE ARRIVEHOME SERVICES, INCLUDING, BUT NOT LIMITED TO ANY TELEPHONIC MEETING OR ANY MEETING IN PERSON WITH ANY OTHER USER OF THE ARRIVEHOME SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY POTENTIAL BUYER OF REAL ESTATE, REAL ESTATE AGENT, LENDER OR ANY OTHER PERSON. THIS INCLUDES, BUT IS NOT LIMITED TO, FAILURE TO WARN ANY PERSON. IN CONSIDERATION OF ARRIVEHOME ALLOWING YOUR USE OF THE ARRIVEHOME SERVICES, YOU, FOR YOURSELF AND ON BEHALF OF YOUR CHILD(REN) AND/OR LEGAL WARD, HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES OR ASSIGNS, DO AGREE TO HOLD HARMLESS, RELEASE AND DISCHARGE ARRIVEHOME AND ITS OFFICERS, EMPLOYEES, OWNERS, AND AGENTS OF AND FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND LEGAL LIABILITY, WHETHER THE SAME BE KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, ARISING OUT OF OR RELATED TO THE USE OF THE ARRIVEHOME SERVICES; AND YOU, FOR YOURSELF AND ON BEHALF OF YOUR CHILD(REN) AND/OR LEGAL WARD, HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, OR ANY ASSIGNS, FURTHER AGREE THAT YOU SHALL NOT BRING ANY CLAIMS, DEMANDS, LEGAL ACTIONS OR CAUSES OF ACTION, AGAINST ARRIVEHOME THAT ARE IN ANY WAY ASSOCIATED WITH THE ARRIVEHOME SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU HAVE ENTERED INTO THIS AGREEMENT VOLUNTARILY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, THAT YOU INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW, THAT YOU UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY USING THE ARRIVEHOME SERVICES, AND THAT THIS AGREEMENT IS TO BE BINDING UPON YOURSELF, YOUR CHILD(REN) AND/OR LEGAL WARD, HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, ASSIGNS,, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES, IN THE EVENT OF YOUR DEATH OR INCAPACITY.
- Arbitration Agreement. You and ArriveHome agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and whether against ArriveHome, its affiliates or their respective directors, officers, employees and agents;
- claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and
- claims that may arise after the termination of this agreement.
- Limitations; Waivers; FAA. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and ArriveHome are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this agreement.
- Notice; Commencement of Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to ArriveHome should be sent to the address listed in Section 10, above, (“Notice Address”). The Notice must (a) include a detailed statement of the nature and basis of the claim or dispute, together with supporting documentation; and (b) set forth the specific relief sought (“Demand”). If ArriveHome and you do not reach an agreement to resolve the claim within thirty (30) calendar days after the Notice is received, you or ArriveHome may commence an arbitration proceeding. If not otherwise defined in these Terms “days” shall mean “calendar days.”
- Procedures and Rules. During the arbitration, the amount of any settlement offer made by ArriveHome or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ArriveHome is entitled. The arbitration will be governed by JAMS Comprehensive Arbitration Rules and Procedures (collectively, “the JAMS Rules”), as modified by this agreement, and will be administered by JAMS. The JAMS Rules are available online at https://www.jamsadr.com/rules-comprehensive-arbitration/, or by calling JAMS at 1-800-352-5267. The arbitrator is bound by the terms of this agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless ArriveHome and you agree otherwise, any arbitration hearings will take place in Orange County, California. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, ArriveHome will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the JAMS Rules. In such case, you agree to reimburse ArriveHome for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the JAMS Rules.
- Arbitrator’s Award; Attorneys’ Fees and Costs. The arbitrator will render an award within the time frame specified in the JAMS Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The prevailing party in the arbitration shall be entitled to recover its attorneys’ fees and costs which are reasonably incurred from the nonprevailing party. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of attorneys’ fees and costs at any time during the proceeding and upon request from either party made within fourteen (14) calendar days of the arbitrator’s ruling on the merits.
- Waiver of Class Action. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND ARRIVEHOME 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. Further, unless both you and ArriveHome agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- Release. You release ArriveHome, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Agent and Buyer/Seller Exclusivity. By using the ArriveHome application, user and/or agent agrees to not interfere with any pre-existing exclusive agent or broker relationship with another client or user, and has verified that no such relationship currently exists.
- ArriveHome Newsletter. By signing up for a User or Agent account, you opt-in and agree to allow ArriveHome to send you periodic updates through an email newsletter. You can always opt-out of ArriveHome's newsletter by updating your preferences or clicking the unsubscribe button at the bottom of the newsletter.
- Your ArriveHome subscription, which may start with a promotional period, will continue on a month-to-month basis unless you cancel your subscription or we terminate it. By starting an Agent account, you authorize us, or our third party biller, to charge you a monthly subscription fee. Your account will be charged the list price based on your territory after any promotional period. Your subscription will continue to be billed on a month-to-month basis to the credit card entered into your ArriveHome payment information page. To cancel your subscription, please email us at firstname.lastname@example.org. ArriveHome reserves the right to change our subscription price with thirty (30) days notice via email.