Terms of Service

Effective Date: May 7, 2024

The terms and conditions set forth below govern your access to and use of www.renofi.com and related services, programs, features and applications offered by RenoFi, now or at any time in the future (including any new features and applications, collectively the “Services”). You agree to these Terms of Service when you visit, access or use the Services. When you agree to the Terms of Service this results in a legal agreement between you and RenoFi. Do not continue to visit, access or use the Services if you are unwilling or unable to be bound by these Terms of Service.

Additional Terms and Policies

At RenoFi, we respect the privacy of our users. When using the Services you are subject to RenoFi’s online Privacy Policy, which describes what information we collect about you when using the website, how we use that information internally, and the circumstances that we may and third parties to whom we may disclose that information. When you seek to obtain financial products/services through RenoFi you are also subject to RenoFi’s financial Gramm-Leach-Bliley Privacy Notice, which describes how we collect, share and protect your personal information when you obtain financial products/services through RenoFi.

RENOFI DOES NOT SELL YOUR PERSONAL INFORMATION.

Additionally, when using certain features or components of the Services, you will be subject to any additional terms, conditions and policies applicable to those Services as may be posted on the Services from time to time, including, without limitation:

All such policies and terms are hereby incorporated by reference into these “Terms of Service.” When you agree to the Terms of Service, including any of the above-referenced terms and agreements, this results in a legal agreement between you and RenoFi.

Arbitration Agreement

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN BINDING ARBITRATION AGREEMENT WHICH REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT ANY CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST RENOFI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU ARE WAITING THE RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.

Certain Definitions

“RenoFi” refers to the RenoFi family of companies, including without limitation Renovation Finance LLC and Renovation Technologies Holdings Inc., and the assumed names under which the company operates (including without limitation, Renovation Technologies LLC in Nebraska, and RenoFi LLC in New Mexico). The terms “we”, “us”, and “our” refer to RenoFi.

“User” is anyone who accesses, browses, crawls, scrapes or in any way uses any of the Services, including homeowners, contractors and other users of the Services. The terms “you” and “your” refer to you as a user of the Services.

“User Content” is any text, information, data, images, video, software, code, music, sound, photographs, graphics, messages or other materials that you submit or transmit to or through the Services and includes any ratings or reviews you provide about the Services.

“Upload” refers to any action to upload, post, publish, display or similarly transmit to or through the Services.

“Software” is the technology and software underlying the Services or distributed in connection therewith, and are the property of RenoFi, its affiliates and its partners.

Changes to the Terms of Service & Services

We may change or modify all or any portion of the Terms of Service from time to time by posting revised Terms of Service on www.renofi.com. Refer to the “Effective Date” at the top of the Terms of Service for the date on which the Terms of Service were last changed. The new Terms of Service will be effective immediately upon posting on the Effective Date indicated at the top of the new Terms of Service and will apply to any continued or new use of the Services on and after that date. Your continued access or use of the Services after changes to the Terms of Service are posted constitutes your consent to be bound by the Terms of Service, as amended.

We may change the Services or any features or components of the Services at any time, and we may discontinue the Services or any features or components of the Services at any time, and we are not in any way liable to you for any modification, suspension, termination, or discontinuation.

Our Services

RenoFi offers various content, features, tools, functions, products, and services through www.renofi.com and other websites, platforms, or applications owned and operated by RenoFi. Our Services are not designed for anyone under the age of 18 or the age of majority in your state to enter into legal contracts. As of the Effective Date, our Services include the following key features:s of the Effective Date, our Services include the following key features:

Unless specifically included with the Services, RenoFi is not in the business of providing real estate, legal, financial/investment, accounting, tax, credit repair, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

Account Registration

You may be required to create a login account and/or register with RenoFi in order to access and use certain features of the Services. If you choose to create a login account or register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the applicable login or registration form/process. Services available through a login account or registration have additional terms and conditions that you will be provided upon account creation or initial registration. Account login and registration data are governed by RenoFi’s online Privacy Policy. To use any Services that require a login account or registration, you must be at least eighteen (18) years old or the age of majority in your state and able to enter into legal contracts and meet the other eligibility requirements for those Services outlined in the applicable Terms of Service.

Mobile Users

The Services include certain features or components that are available via a mobile device, including (i) the ability to Upload content to the Services via a mobile device, (ii) the ability to browse and access content available through the Services from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device ( collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

By using the Mobile Services, your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile phone number, you agree to promptly update your RenoFi account information to ensure that your messages are not sent to the person that acquires your old phone number.

By providing RenoFi with your mobile phone number when prompted, you will be asked to agree to RenoFi’s SMS Terms and Conditions to receive SMS, MMS, and Text Messages from RenoFi sent using Regulated Equipment (as defined in the SMS Terms and Conditions). Your consent is not required to use or otherwise obtain the Services; you may revoke your consent at any time by following the opt-out instructions.

Network Access and Devices

You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you Upload through the Services, and we will have no obligation to verify the accuracy of that data. You are responsible for obtaining the data network access necessary to use the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Limitations on the Services & Conditions of Use

User Conduct

You are solely responsible for your use of the Services and all User Content that you Upload or email or otherwise use via the Services. The following are examples of the kind of content and/or uses that are illegal or prohibited by RenoFi. RenoFi reserves the right to investigate and take appropriate legal action against anyone who, in RenoFi’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the accounts of the violators and reporting violators to law enforcement authorities. In particular, you agree to not use the Services to: (a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, system, hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of RenoFi, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose RenoFi or its users to any harm or liability of any kind or type; (b) interfere with or disrupt the Services, or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (c) violate any applicable local, state, national or international law, or any regulations having the force of law; (d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (f) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (g) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (h) allow any other person to use your username, password or login credentials in order to access the Services or Upload any User Content;
(i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

User Content

With respect to any User Content Uploaded to or through the Services, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By Uploading any User Content you hereby grant and will grant RenoFi a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.

You acknowledge and agree that RenoFi may preserve and disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of RenoFi, its Users and/or the public. You understand that the technical processing and transmission of the Services, including User Content, may involve (i) transmissions over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Protected Content, Data Mining, Block Access, and Software

You acknowledge and agree that the Services may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (“Protected Content”). You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or any Protected Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Services. Any use of the Services or the Protected Content other than as specifically authorized herein is strictly prohibited.

In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by RenoFi from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent that blocking (e.g., by masking your IP address or using a proxy IP address). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by RenoFi.

Electronic Communications

By using the Services, you consent to receive electronic communications from RenoFi unless you follow applicable opt-out procedures. We will communicate with you by email or by posting notices on or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. The foregoing does not affect your non-waivable rights.

If you use certain features of the Services, you will also be asked to agree to RenoFi’s Consent to Electronic Records and Signatures.

Special Notice for International Use; Export Controls

Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

Commercial Use

Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

Third Party Material

Under no circumstances will RenoFi be liable in any way for any content or materials of any third parties (including users), including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that RenoFi does not pre-screen content, but that RenoFi and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, RenoFi and its designees will have the right to remove any content that violates these Terms of Service or is deemed by RenoFi, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Errors, Inaccuracies, and Omissions

Occasionally the Services may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend, or clarify the Services except as required by law.

Intellectual Property Rights

The Services and all content therein are intellectual property that we own, control and/or license. All applicable intellectual property laws, including, but not limited to, copyright laws, protect our rights in and to the Services. No portion of the Services may be reproduced in any form or by any means, except as provided in these Terms of Service.

We are the copyright owner or authorized licensee of all trademarks, service marks, and logos used and displayed on the Services. All trademarks and service marks of RenoFi, or our affiliates, that may be referred to in the Services are the property of RenoFi, or one of our affiliates. Other parties’ trademarks and service marks that may be referred to in the Services are the property of their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RenoFi’s, or its affiliates’, trademarks, service marks, or copyrights without RenoFi’s prior written permission. RenoFi aggressively enforces its intellectual property rights. Neither the name of RenoFi, its affiliates, nor any of RenoFi’s other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Services or otherwise, without our prior written permission, except that a third party website that desires to link to the Services may use the name “RenoFi” in or as part of that link.

Third Party Websites

The Services may provide links or other access to other sites and resources on the Internet owned and/or operated by third parties. RenoFi has no control over these sites and resources and RenoFi is not responsible for and does not endorse any of these sites and/or resources. RenoFi does not receive any compensation for linking to or when you click on these sites and resources. You acknowledge and agree that RenoFi will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that RenoFi is not responsible or liable for any loss or claim that you may have against any such third party.

If a third party links or refers to www.renofi.com, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to our website.

Indemnity and Release

You agree to release, indemnify and hold RenoFi and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injuries ( including death) arising out of or relating to: (a) your use of (or inability to use) the Services, any Content or User Content, (b) your connection (or inability to connect) to the Services, (c) your violation of these Terms of Service or any other contract or agreement between you and us, (d) your violation of any rights of another, and/or (e) your negligence, gross negligence and/or willful misconduct. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

RenoFi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of RenoFi. RenoFi will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RENOFI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

RENOFI MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, USEFUL, OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RENOFI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RENOFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR WITH RESPECT TO THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL RENOFI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID RENOFI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE WILL APPLY EVEN IF ANY REMEDY OR WARRANTY HAS FAILED OF ITS ESSENTIAL PURPOSE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND " LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration is referred to herein and in RenoFi’s Terms of Service as the Arbitration Agreement (“Arbitration Agreement”). You agree that any and all disputes or claims these have arisen or may arise between you and RenoFi, whether arising out of or relating to the Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and RenoFi are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND RENOFI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and RenoFi agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.

c. Pre-Arbitration Dispute Resolution

RenoFi is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, 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 RenoFi should be sent to 2093 Philadelphia Pike, #8855, Claymont, DE 19703 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If RenoFi and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or RenoFi may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by RenoFi or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or RenoFi is entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules ( collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found in the Consumer Arbitration Rules section on https://www.adr.org/Rules. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless RenoFi and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, RenoFi agrees 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 AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA 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.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, RenoFi will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, RenoFi will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, RenoFi will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection b. titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection b. above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Arbitration Agreement will continue to apply.

h. Changes to Arbitration Agreement

RenoFi agrees that if it makes any change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending RenoFi written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Arbitration Agreement.

Termination of Access

RenoFi, in its sole discretion, may suspend or terminate your use of the Services, for any reason, including, without limitation, if RenoFi believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. RenoFi may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be affected without prior notice, and acknowledge and agree that RenoFi may immediately bar any further access to the Services. Further, you agree that RenoFi will not be liable to you or any third party for any termination of your access to the Services.

General

Entire Agreement

These Terms of Service constitute the entire agreement between you and RenoFi and govern your use of the Services, superseding any prior agreements between you and RenoFi with respect to the Services.

Governing Law

You agree that all matters relating to your access to, or use of, the Services, as well as any claims that either party may have against the other, will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. Subject to the Arbitration Agreement, you and RenoFi agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Philadelphia, Pennsylvania, with respect to such matters.

Additional Remedies

You acknowledge that your conduct that is inconsistent with these Terms of Service may cause RenoFi irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.

Waiver of Rights

The failure of RenoFi to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

Local Laws

The Services are intended for use in the United States only. RenoFi makes no representation that the Services are appropriate or available for use in jurisdictions outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.

Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.

Assignment

You may not assign these Terms of Service without the prior written consent of RenoFi, but RenoFi may assign or transfer these Terms of Service, in whole or in part, without restriction.

Titles & Headings

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us via email at [email protected], by mail at 2093 Philadelphia Pike, #8855, Claymont, DE 19703 or via phone at 1 (855) RENOFI-1 (1-855-736-6341).

Questions? Concerns?

Please contact us via email at [email protected], mail at 2093 Philadelphia Pike, #8855, Claymont, DE 19703 or via phone at 1 (855) RENOFI-1 (1-855-736-6341) to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

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