Terms of Use

ACCEPTANCE OF TERMS OF USE

These Terms of Use (these “Terms”) are entered into by and between you and Arra Finance, LLC (collectively, “we” or “us”) and govern your use of this website, including all pages within this website (together with all content, functionality, and services offered on or through the foregoing, collectively, the/this “Website”). By using this Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent and warrant that you are of legal age to form a binding contract with us and accept and agree to be bound by these Terms in full (the “Eligibility Requirements”). We may revise and update these Terms at any time as we see fit, and all changes are effective immediately when posted and apply to all access to and use of the Website thereafter. By using this Website, you understand and agree that you are expected to review such Terms on a regular basis to ensure you understand all terms governing use of this Website and are aware of any changes, as they are binding on you. You must not use this Website if you have any objection to any of these Terms or if you otherwise do not meet the Eligibility Requirements in any way.

INTELLECTUAL PROPERTY RIGHTS

Other than Your Content (as defined below), which you may have opted to include on this Website, we and/or our licensors own and reserve all rights to the intellectual property, features, functionality, and material constituting and contained in this Website. You are granted a limited right, subject to these Terms, to use this Website for your personal, non-commercial use. This use does not include use of, and you must not use without our prior written permission, our name, logos, product and service names, trademarks, service marks, trade names and trade dress, copyrighted materials, works of authorship, or any other intellectual property.

RESTRICTIONS; CONFIDENTIALITY

You are restricted from all of the following: (a) reproducing, distributing, modifying, creating derivative works of or based on, republishing, downloading, storing, or transmitting any Website material in any media (except that your computer and browser may temporarily store or cache copies of materials being accessed and viewed, and you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use), (b) selling, sublicensing and/or otherwise commercializing any Website material, (c) publicly displaying, performing and/or showing any Website material, (d) using this Website in any way that impacts users’ access to this Website, (e) using this Website in any way that is, or may be, damaging to this Website, (f) using this Website contrary to the applicable laws and regulations, or in a way that causes, or may cause, harm to this Website, or to others while using this Website, (g) using this Website to engage in any advertising or marketing, (h) inline framing (“iframing”) the Website, in whole or in part, and (i) deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. Certain areas of this Website are restricted from access by you, and we may further restrict, suspend, or terminate access by you to any areas of this Website, at any time, in our sole and absolute discretion. To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree that any materials available on or through the Website only to registered users (whether or not through the purchase thereof) constitute our confidential information. 

YOUR CONTENT

In these Terms, “Your Content” means any audio, video, text, images, or other material you choose to display on this Website. With respect to Your Content, by posting it or uploading it to or through, or displaying it on, the Website, you agree that Your Content will be considered non-confidential and non-proprietary, and you grant us and our affiliates and respective service providers (and each of our and their respective licensees, successors and assigns) a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, make derivative works based on, and distribute Your Content in any and all media. You also represent and warrant that you own or control all rights in and to Your Content and have the right to grant the license set forth above, that Your Content does not misappropriate or infringe on any third party’s intellectual property, privacy, or other rights, and that Your Content does and will otherwise comply with these Terms. We reserve the right to remove any of Your Content from this Website at any time, and for any reason, without notice. We are not responsible or liable to you or any third party for the content or accuracy of Your Content. We are also not responsible for any of Your Content that is posted by you or any other user of the Website.

NO WARRANTIES

YOUR USE OF THIS WEBSITE AND THE MATERIALS CONTAINED ON THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE”, AND “WITH ALL FAULTS,” AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY KIND RELATED TO THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE OR THE MATERIALS CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR THE MATERIALS CONTAINED ON OR AVAILABLE THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING UPTIME OR AVAILABILITY OF THE WEBSITE OR THE MATERIALS CONTAINED ON THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

We process information about you in accordance with our Privacy Policy. By using the Website, you warrant that you have read and understand our privacy notice and you warrant that all data provided by you is accurate. We believe our use made of customer information satisfies the requirements of pertinent data protection regulations, as a company with a legitimate interest in marketing. You understand that your use of the Website will result in our collection of data and information you generate, and that we may use such data and information in an aggregated and anonymized way pursuant to our policies and in compliance with applicable law, and that such aggregated and anonymized data and information does not constitute Your Content. For more information on how we use, collect, process, and retain your personal data, please visit our Privacy Policy. 

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website, and to proactively take actions, including without limitation, disclosing the identity or other information of anyone posting any materials on or through the Website, to the extent that we believe that any activities being undertaken on our Website or by any users of our Website do or could potentially harm us, our customers, any other users of our Website, or any third parties. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

TRANSACTIONS CONCLUDED THROUGH THE WEBSITE

Contracts for the supply of goods or services formed through the Website or as a result of visits made by you are governed by separate terms and conditions. All payments for such goods or services are managed via a third-party payment service provider. We do not store any credit card information. For more information about what data, we process from and on behalf of you, please review our Privacy Policy.

VIRUSES, HACKING AND OTHER OFFENSES

You must not misuse the Website by knowingly introducing or injecting viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO THE WEBSITE.

LINKS FROM THE WEBSITE

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only, and if you decide to access any such sites or resources, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, NOR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE, WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT OR OTHERWISE, AND WE, INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE, OR BREACH OF THIS AGREEMENT), REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR THE PARTY AGAINST WHOM SUCH LIABILITY IS CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  OUR AGGREGATE LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

DISPUTE RESOLUTION AND BINDING ARBITRATION

All disputes, claims, controversies and matters arising out of or relating to or in connection with these Terms or the breach, termination, enforcement, interpretation or validity hereof, or to the use of this Website shall be exclusively settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”) applying the laws of the state of Texas without giving effect to any choice of conflict of law provision or rule, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Dallas, Texas, USA before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. YOU ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION AS THE EXCLUSIVE FORUM FOR THE RESOLUTION OF ALL DISPUTES, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.  All arbitrations shall be conducted and resolved on an individual basis and not on a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party. The arbitration proceeding (including all documentary and other evidence  produced or considered in connection therewith), the hearing and the outcome thereof shall be maintained as Confidential Information, except as necessary to prepare for or conduct such proceeding, to the extent independently within the public domain, or as otherwise required by applicable law. 

The following claims are not subject to mandatory arbitration and may be brought in court in accordance with the GOVERNING LAW & JURISDICTION provisions above: (i) any disputes seeking to enforce or protect, or concerning the validity of, intellectual property rights; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

You have the right to opt-out and not be bound by these arbitration and waiver of class action provisions by sending written notice of your decision to opt-out to OptOut@arrafinance.com within thirty (30) days of your initial purchase of the product or service at issue.

If any provision of the foregoing arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

INDEMNIFICATION

You agree to indemnify and defend us and hold us harmless from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms, your use of the Website, any information you obtain from the Website, and/or any content that you post or upload to or through the Website, including without limitation, Your Content.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid, and such provisions shall be deleted without affecting the remaining provisions herein.

ASSIGNMENT

We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms, together with any legal notices or disclaimers contained on this Website, constitute the entire agreement between us and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same. 

GOVERNING LAW & JURISDICTION

These Terms are governed by and shall be construed in accordance with the laws of the state of Texas, USA and you submit to the non-exclusive jurisdiction of the state and federal courts located in Dallas County, Texas for the resolution of any disputes relating to your use of this Website. Additional provisions regarding dispute resolution may be set forth in the terms and conditions listed on our Website and shall apply with respect to contracts for the supply of goods or services formed through the Website or as a result of visits made by you.

CONTACT US

If you have any questions or concerns, please contact us at info@arrafinance.com. You can also write to us at: Arra Finance, LLC, Attention: Compliance Department, P.O. Box 631250, Irving, Texas 75063.

10/1/2024

Copyright 2024 Arra Finance, LLC

An Obra Company
Obra.com

All Rights Reserved

Arra Finance, LLC NMLS #2368332