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Last Updated October 14, 2021
Hello there! We know that you’d probably rather be doing nearly anything else than reading through pages of terms and conditions. But we hope you’ll do it anyway. We want to make sure you have all the details about things like our services, costs, how we link to your bank account and contact you, and how you can cancel Roost if you need to do so.
The following terms form a legal agreement (the “Agreement”) between you (“you”, “your”, or “user”) and Joinroost, Inc., its subsidiaries, affiliates, agents and assigns (“Roost”, “we”, “us”, or “our”), which sets forth the terms and conditions for your use of Roost’s application and/or Roost’s website, Joinroost.com (collectively referred to herein as the “App”); and the products and services offered, operated or made available by Roost through the App (collectively, the “Services”).
The App and the Services are owned and operated by Roost, and are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the App or the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Roost, and this Agreement governs your use of the App and the Services.
THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 20 BELOW FOR MORE INFORMATION.
1. ACCEPTANCE OF AGREEMENT
Please carefully review this Agreement before using the App or the Services, or accessing any data thereon. If you do not agree to these terms, you may not access or use the App or the Services.
To use the App or the Services and to accept the Agreement, you must be 1) a legal resident of the United States, 2) of legal age to form a binding contract with Roost, 3) not prohibited by law from using the App, oinroost.com or the Services.
2. Registration and Account Security
Roost reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the App. You should check this Agreement on the App periodically for changes. All changes shall be effective upon posting. We will date the terms with the last day of revision. Your continued use of the App or the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. Roost may terminate, suspend, change, or restrict access to all or any part of the App or the Services without notice or liability.
4. MINIMUM TECHNOLOGY REQUIREMENTS TO ACCESS SERVICES
5. USER INFORMATION ACCURACY AND UPDATES
To access Roost’s Services, you must create a user account with Roost. This process will include creation of a Login ID and password to access the App and the Services. When you sign up for a user account, you agree to provide accurate, current and complete information – such as your name, mailing address, and email address – as may be prompted by any registration forms available through the App, in connection with the Services or as otherwise requested by Roost for such information (“User Information”). You further represent that you are a legal owner of, and that you are authorized to provide us with, all User Information and other information necessary to facilitate your use of the App and Services.
In order to use certain Services, Roost may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the App and/or Services.
Should any of your User Information change, you agree that you will update this information as soon as possible. To update your User Information, you may go to the Profile section of the Roost app, click on “Settings,” and update your User Information accordingly.
Should you believe or have reason to believe that any of your User Information, including your Login ID and/or password, has been compromised, or that another person is accessing your user account through some other means, you agree to notify us as soon as possible at email@example.com.
6. OVERVIEW OF SERVICES
Roost offers a variety of Services. These Services include:
- Guidance and Savings – A library of renter and financial guidance, calculators, promotions and discounts from Roost partners.
- Deposit management – A suite of services and features you can subscribe to that can assist you in tracking your deposit, interest earned (if applicable), damage deductions and refunds, and more.
- Unlock– Free draws of funds on deposit to help you cover expenses, to help you avoid overdraft fees and late bills, and more.
7. THIRD-PARTY AND ROOST BANKING ACCOUNT INFORMATION
To use the Services, you may direct Roost to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions (“Third-Party Account Information”). This includes information maintained by Evolve for Roost Accounts. Roost works with one or more third-party service providers to access this Third-Party Account Information. We will use this information to provide you with the Services you request, for our own internal business purposes and to offer you other Roost products and services that may be of interest to you. By using the Services, you authorize Roost to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping any passwords and usernames you provide to us so we can retrieve this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the App. With the exception of information related to your Roost Account, Roost does not review the Third-Party Account Information for accuracy, legality or non-infringement, and Roost is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.
You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
You agree to the Terms of Service (ToS) of our financial software provider, Sila Inc. (together, the “ Sila ”). You must comply with the Sila ToS when creating or using your Roost Account. The Sila ToS may be modified from time to time, and the governing version is incorporated by reference into these Terms of Service. Any term not defined in this section but defined in the Sila ToS assumes the meaning as defined in the Sila ToS. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE SILA ToS BECAUSE IT CONTAINS TERMS AND CONDITIONS CONCERNING YOUR Roost ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSAL, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.
8. ROOST’S SERVICES
8.1 Overview of Services
When you join Roost, you will automatically receive the Basic Services, where you will have access to Guidance and Savings and SmartDeposit with earned interest (if applicable in your area).
- Guidance and Savings is a service that informs you about renter protections, how to’s, as well as living and financial information. Guidance and Savings lets users directly review content directly and reviews of products and services. Roost may receive compensation from program partners when we successfully connect users to opportunities.
- With Deposit Management you’ll be able to pay the refundable deposits required in your lease agreement for security, pet, cleaning and other deposits as required by your property/landlord. You’ll be able to track interest earned on your deposits (if applicable in your area), and at move-out see your final refund amount, deductions, and explanations for items deducted from your deposit, as provided by your property manager.
If you subscribe to Roost’s Blue Membership you’ll also have access to Unlock, a program that allows you to make draws from a portion of your security deposit, optional credit reporting, and premium-only discounts from our partners.
Additional services may be made available to you, from time to time, in connection with your subscription in Roost, including services offered by your landlord or property manager.
8.2 Subscription Fees
The Basic Services are offered at no charge. If Basic Services are required by your property management company or pursuant to the terms of your lease, you may terminate the Basic Services at the end of the lease.
The Blue Membership starts at $2.99 per month (the “Subscription Fee”). We require you to provide us with information to connect a bank account (a “Linked Account”), and we may allow you provide us with other payment methods, including cards (any such available payment method, including your Linked Account, a “Payment Method”) so that we can automatically charge Subscription Fees to your Payment Method. You will be charged for your Subscription Fee on a monthly basis.
You may cancel Blue Membership at any time. You must either cancel your subscription through the App or notify us by email at support@Joinroost.com if you do not want to renew your monthly subscription to Blue Membership. You must cancel your subscription at least three (3) days prior to the next scheduled payment of your monthly Subscription Fee to void such payment.
Roost will not charge you penalty fees if you do not have sufficient funds to pay your Subscription Fee through your Payment Method. However, your bank may charge fees. If you are unable to pay your Subscription Fee, Roost reserves the right to terminate your access to the Blue Membership. Roost also reserves the right to collect unpaid Subscription Fees from prior months along with the Subscription Fee due for the current month.
9.1 Overview of Unlock
Through the Unlock offered as a feature of the Blue Membership, Roost offers the option to receive a portion of your deposit (each, a “Draw”).
Eligible Blue users are given the opportunity to “Unlock” a portion of their deposit and make a Draw for no additional charge. You may also log into the App and request to Unlock at any time. In all cases, you must affirmatively choose to Unlock and receive the Draw. Unlocked funds are transferred to your Linked Account.
The amount of each Draw for which you are eligible is based on, among other things, the amount of your deposit and time remaining on your lease. We reserve the right to adjust Draw amounts and our eligibility criteria at any time.
9.2 Express Fees
You may request that Roost expedite disbursement of your Draw by paying an optional fee (the “Express Fee”). While you will generally receive a Draw within three (3) business days depending on processing times, if you choose to pay the Express Fee, we will use a faster delivery method to deliver your Draw amount. Although not guaranteed, if you make a Draw request before Noon Eastern Time, you should expect to receive the funds in your Linked Account the same day. You are guaranteed to receive your funds the next business day. The amount of the Express Fee is determined by the amount of your Draw, as follows:
|Draw Amount||Express Fee|
|$50.00 to $100.00||$3.99|
|$101.00 to $300.00||$4.99|
When you request a Draw and are given the option to expedite disbursement, we will disclose the amount of the Express Fee through the App before you select your delivery method. The Express Fee is payable at the time you repay your first installment of your Draw.
9.3 Draw Repayment
Each Draw is repayable in 3 installments, based on the repayment plan selection that you make when you request a Draw. We will automatically charge your Payment Method for repayment on the pay back date you select through the App.
If you fail to repay a Draw in a timely manner, Roost will not provide you further Draws in the unpaid amount is repaid.
Roost further reserves the right to accelerate the repayment of any outstanding Draws at move-out, which may be repaid through your Payment Methods or by deduct the final balance owed on your Draw from your deposit refund. Roost does not waive any rights regarding fraudulent activity, and Roost will pursue instances of fraud.
Roost is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your Linked Accoun
Express Fees and the Subscription Fee are non-refundable.
11. CREDIT AND DEBIT AUTHORIZATION
If you enroll in the Blue Membership, you authorize Roost to electronically debit your Payment Method for the Subscription Fee once each month. As applicable, you also may authorize Roost to electronically debit and credit your Payment Method for other reasons, including to repay Draws and to correct erroneous debits and credits.
Authorizations for recurring payments are set forth in the App.
12. SMS MESSAGING AND TELEPHONE CALLS
You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information such as alerts, or questions about your use of the Services and/or App. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Roost and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails or other means.
Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
13. LIMITATIONS OF USE
You agree to use the App and the Services only for lawful purposes. You are prohibited from any use of the Services or App that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the App, data or Services, including but not limited to unauthorized entry into Roost’s systems, misuse of passwords, or misuse of any information posted on the App or through the Services is strictly prohibited. Roost makes no claims concerning whether use of the App or the Services is appropriate outside of the United States. If you access the App or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
You agree you will not 1) try to reverse engineer, disassemble, decompile, or decipher the App or the Services or software making up the App and the Services, 2) navigate or search the App or the Services with any tool, software, agent, engine or other means (including bots, avatars, intelligent agents, or spiders), 3) use a means other than Roost’s provided interface to access the App or the Services, 4) use the App or the Services in a way that could impair, overburden, damage, or disable any portion of the App or the Services, or 5) mirror any material contained on the App or the Services.
Roost reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Roost also reserves the right to take action to protect Roost, other users, and other third parties from any liability, fees, fines, or penalties. We make take actions including, but not limited to: 1) updating information you have provided to us so that it is accurate, 2) limiting or completely closing your access to the App or the Services, 3) suspending or terminating your ability to use the App or the Services on an ongoing basis, 4) taking legal action against you (note, as described in Section 9.3 Roost will not take action against you for failure to repay a Draw), and 5) holding you liable for the amount of Roost’s damages caused by your violation of this Agreement.
14. INTELLECTUAL PROPERTY RIGHTS
The App and the Services are owned and operated by Roost.. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the “Roost Materials”) are owned exclusively by Roost or the licensors or suppliers of Roost and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Nothing on the App or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Roost Materials displayed on the App or the Services, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of Roost Materials found on the App or the Services unless in accordance with written authorization by us. Roost prohibits use of any of the Roost Materials as part of a link to or from the App or the Services unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Roost Materials, or whether any mark or logo is a Roost Material, should be referred to Roost. All rights related to the Roost Materials are hereby reserved.
You agree that the Roost Materials may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Roost. You acknowledge that the Roost Materials are and shall remain the property of Roost. You may not modify, participate in the sale or transfer of, or create derivative works based on any Roost Materials, in whole or in part.
Roost may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the App or the Services at any time, with or without cause, in Roost’s absolute discretion.
The following provisions of this Agreement shall survive termination of your use or access to the App or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions, and any other provision that by its terms survives termination of this Agreement.
Roost further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the App or the Services at any time with or without notice.
16. DISCLAIMER OF WARRANTIES
THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Roost AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “ROOST PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE APP OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE ROOST PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE APP OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE ROOST PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE APP OR THE SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
17. NO LEGAL TAX OR FINANCIAL ADVICE; ALERTS
ROOST DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE APP OR THE SERVICES. ROOST IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. ROOST ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING OTHER FINANCIAL DECISION. ROOST WILL MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE ALERTS TO YOU, BUT YOU ACKNOWLEDGE AND UNDERSTAND THAT ALERTS MAY BE DELAYED OR PREVENTED FOR VARIOUS REASONS. ROOST DOES NOT GUARANTEE THE DELIVERY, ACCURACY, OR TIMELINESS OF ALERTS. FURTHER, ROOST IS NOT LIABLE FOR ANY ERRORS IN THE DELIVERY OR CONTENT OF AN ALERT, AND ROOST IS NOT LIABLE FOR ACTIONS YOU TAKE, OR DO NOT TAKE, IN RELIANCE ON ALERTS. ROOST IS NOT LIABLE FOR ANY THIRD PARTY RELIANCE ON ALERTS.
18. LIMITATION OF LIABILITY
PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP OR THE SERVICES, THE ROOST MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE APP OR THE SERVICES, EVEN IF ROOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ROOST PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE APP OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE APP OR THE SERVICES. IN NO EVENT WILL THE ROOST PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Roost Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (i) your access to, use of or alleged use of the App or the Services; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Roost reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Roost.
20. DISPUTE RESOLUTION BY BINDING ARBITRATION
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 20.3 BELOW.
20.1 Election to Arbitrate. You and Roost agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 20 (the “Arbitration Provision”), unless you opt out as provided in Section 20.3 below. As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of Section 20.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
20.2 Applicability of the Federal Arbitration Act; Arbitrator’s Powers. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
20.3 Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to legal@Joinroost.com, within 60 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
20.4 Informal Dispute Resolution. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to legal@Joinroost.com at any time.
20.5 Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
20.6 Arbitration Fees. If we elect arbitration, we shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
20.7 Appeals. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
20.8 No Class Actions. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 20.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 20.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
20.9 Survival and Severability of Arbitration Provision. This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 20.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 20.8 are finally adjudicated pursuant to the last sentence of Section 20.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
20.10 Judicial Forum for Claims. Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Roost agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco, California. Both you and Roost consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
20.11 WAIVER OF RIGHT TO LITIGATE. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
21. GOVERNING LAW AND VENUE
Except for Section 20 which is governed by the FAA, this Agreement and all Claims are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.
22. GOVERNING LAW AND VENUE
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers. There may be limitations on your Linked Account or debit card that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Linked Account.
The disclosures in this Section 22 apply to all Services described in this Agreement.
- Electronic Fund Transfer: Any transfer of funds that is initiated through an electronic device or computer to instruct us to debit or credit a Linked Account, debit card or your Roost Banking Account. Electronic Fund Transfers include such electronic transactions transfers initiated via telephone or the App.
- Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, withdrawal of funds out of your Linked Account to pay the Subscription Fee.
- Unauthorized Electronic Fund Transfer is an Electronic Fund Transfer initiated by a person other than you who does not have actual, implied, or apparent authority to initiate the transfer, and from which you do not benefit. If you give access to your App user account to another person, all payments by that person are authorized unless and until you notify us that payments by that person are no longer authorized.
22.2 Your Liability.
- Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.
- Unauthorized Transfers: Tell us at once if you believe your App Login ID or password has been lost or stolen or if your App user account has been, or may have been, subject to Unauthorized Electronic Fund Transfers. Contact us immediately to keep your possible losses to a minimum. You could lose all the money in your Linked Account(s) and/or Roost Banking Account.
- If you tell us within four (4) business days after learning of the loss or theft of your App Login ID or password or after learning of any other Unauthorized Electronic Fund Transfers associated with your App user account, you can lose no more than $50. However, if you DO NOT tell us within four (4) business days after learning of the loss, theft or unauthorized use associated with your App user account, and we can establish that we could have prevented the Unauthorized Electronic Fund Transfer(s) if you had told us in time, you could lose as much as $500.
- If your periodic account statement issued by your bank or financial institution shows Unauthorized Electronic Fund Transfers and you DO NOT tell us within ninety (90) days after the statement was delivered to you, you may not get back any money you lose after the ninety (90) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen App Login ID or password or of any other suspected Unauthorized Electronic Fund Transfers(s), the time periods specified in this Section 22.2 may be extended for a reasonable period.
22.3 Business Days. For purposes of this Section 22, Roost business days are Monday through Friday. Holidays are not included.
22.4 Types of Transfers; Limitations. You may use the Services to request and receive Draws to your Linked Account, to repay such Draws in the amounts and on the days you request, and to pay the monthly Subscription Fee. Any limitations regarding Draw amounts, or Subscription Fee amounts will be displayed to you through the Services. Through the App you may also authorize recurring preauthorized Electronic Fund Transfers from your Payment Method to make payments, including to pay the Subscription Fee.
22.5 Fees. Roost charges no fees to access a Draw. However, you may choose to pay an Express Fee to expedite an Advance as set forth in Section 9.2.
22.6 Documentation. Your Draw and payment history can be viewed within the App by navigating to the “Account Settings” page and tapping “Transaction History” depending on the type of transactions you seek to view. You are responsible for reviewing payment history and/or Roost Banking Account transaction history, if applicable, and maintaining copies for your records.
22.7 Our Liability. If Roost does not debit or credit your Linked Account in accordance with these Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your Linked Account to make a payment.
- If the Linked Account you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution.
- If the Services were not working properly and you knew about the problems when you started your payment.
- If we cannot complete a payment due to fraud or attacks on our systems or the Services.
- If circumstances beyond our control (such as fire or flood) prevent a payment, despite reasonable precautions we have taken.
- There may be other exceptions stated in our Agreement with you.
22.8 Confidentiality Related to Electronic Fund Transfers. We will disclose information to third parties about the Electronic Fund Transfers you make through the Services:
- Where it is necessary for completing the Electronic Fund Transfers; or,
- In order to comply with government agency or court orders; or,
- If you give us written permission; or,
22.9 Error Resolution
In case of errors or questions about your Electronic Fund Transfers, telephone us at
1-888-222-3496 or email us at support@Joinroost.com. If you think your Linked Account statement, receipt, or payment history within the App are wrong, or if you need more information about a transfer listed on the statement, receipt, or within the App, contact us as soon as you can. We must hear from you no later than 90 days after the statement or receipt was delivered to you. In your notification to us, you must:
- Tell us your name and phone number associated with your App user account.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Linked Account or Roost Banking Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new App user accounts, we may take up to 90 days to investigate your complaint or question. For new App user accounts, we may take up to 20 business days to credit your Linked Account or Roost Banking Account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE Roost SERVICES MUST BE DIRECTED TO Roost, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR LINKED ACCOUNT. We are responsible for the Services and for resolving any errors in transactions made in conjunction with such Services.
We will not send you a periodic statement listing transactions that you make through the Services. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE PROVIDED WHEN YOU USE THE SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number and address indicated below:
15640 NE Fourth Plain Blvd, Suite 106
Vancouver, WA 98682
IF YOUR App LOGIN ID OR PASSWORD IS LOST OR STOLEN, NOTIFY US AT ONCE by calling or writing to us at the telephone number or address listed above.
If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement’s remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
You agree that if Roost does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies Roost has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
25. GENERAL PROVISIONS
26. CONTACTING US
If you have questions regarding the Agreement or the practices of Roost, please contact us by email at support@Joinroost.com or by regular mail at JoinRoost, Inc. 15640 NE Fourth Plain Blvd, Suite 106 Vancouver, WA 98682
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