Terms & Conditions

Last Updated: November 1, 2024

INTRODUCTION

Welcome to Esusu. Esusu was founded in 2018 to include everyone on the journey from financial identity and stability toward financial wellness that leads to wealth building. Our mission is to dismantle barriers to housing for working families. We aim to make the impossible possible for more than 45 million Americans who are credit invisible, with no credit history in any of the national consumer reporting agencies. We work with renters and property managers to report on time rental payment data to national consumer reporting agencies as a way to establish and fill gaps in renters’ credit reports. We also offer services focused on financial support and well-being and provide access to rent relief through charitable partnerships.

THE ESUSU SERVICE

The Esusu Service described herein is provided by Esusu, Inc., a Delaware corporation (referred to herein as “Esusu,” “we,” “us,” or “our”). By accessing or using our website at www.esusu.com or www.esusurent.com (the “Esusu Site”) or our mobile applications (the “Esusu Apps” and together with the Esusu Site, the “Esusu Platforms”), or by using any of our products or services, whether through the Esusu Platforms or otherwise (collectively, the “Esusu Service”) (or by clicking to accept or agree to these Terms and Conditions when this option is made available to you), you accept and agree to be bound by and abide by these terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”), as well as our Privacy Policy, found at https://esusurent.com/privacy-policy/ . By using the Esusu Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use the Esusu Service. 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CREATE A CONTRACT BETWEEN YOU AND ESUSU. FURTHER, THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND ESUSU ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION SUCH THAT YOU ARE ONLY PERMITTED TO BRING AN INDIVIDUAL ACTION (SEE “BINDING ARBITRATION AND CLASS WAIVER”). IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN 30 DAYS OF ACCEPTING OR BEING BOUND TO THESE TERMS AND CONDITIONS BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE “BINDING ARBITRATION AND CLASS WAIVER” SECTION.

Certain portions of the Esusu Service may have different or additional terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and Conditions and the terms and conditions posted for a specific portion of the Esusu Service, the latter terms and conditions will take precedence. Your use of any third-party products or services made available through the Esusu Service may also be subject to the separate terms and conditions of the third-party provider applicable to those products or services.

We reserve the right to change these Terms and Conditions from time to time for any reason. When changes are made, we will make the new Terms of Conditions available on the Esusu Platforms. We will also update the “Last Updated” date at the top of the Terms and Conditions. You are expected to check this page from time to time so you are aware of any such changes. Any changes to the Terms and Conditions will be effective immediately. However, any changes to the dispute resolution provisions set out in the “BINDING ARBITRATION AND CLASS WAIVER” section will not apply to any Disputes (as defined therein) for which the parties have actual notice of on or before the date the change is posted. We may, but shall not be required to, condition your further use of the Esusu Service or further access to the Esusu Platforms upon your providing consent to the updated Terms and Conditions. If you do not agree to any changes(s), your sole remedy is to stop using the Esusu Service. Otherwise, your continued use of the Esusu Service, or continued access to the Esusu Platforms, constitutes your acceptance of such change(s).  

ELIGIBILITY

The Esusu Service is offered and available to any user who is 18 years of age or older, has the legal capacity to form a binding contract with Esusu, and is a legal resident of the United States. We make no representation that the Esusu Service is appropriate or available for use outside the United States. Similarly, we make no representations that accessing the Esusu Service from locations outside the United States is legal or permissible under local law. By using the Esusu Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If the foregoing sentence isn’t true, you may not access or use the Esusu Service, and doing so is a violation of our Terms and Conditions.

REGISTRATION

In order to use the Esusu Service through the Esusu Platform you must become a registered user. To become a registered user, we will ask you to create an account using an Esusu Platform (an “Esusu Account”) by selecting a username and creating a password (“Login Credentials”), and completing a registration form. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs using your Esusu Account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials or any access or use of your Esusu Account with your permission, assent or knowledge, or that you should reasonably have known about. 

During any such registration, you are required to give truthful contact information (including your name, email address and mobile phone number) and certain financial and other information. In order for you to use certain portions of the Esusu Service, we 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 such Esusu Service. This information, together with any other information provided in Esusu Account or by your use of the Esusu Service, is your “User Profile”. You agree that you will maintain and promptly update your User Profile to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect the same, we reserve the right to suspend access to or terminate your Esusu Account and refuse any and all current or future use of the Esusu Service by you.

As a user of the Esusu Service, and by your acceptance and agreement to these Terms and Conditions, you expressly consent to receive emails, push notifications and text messages from us and our third-party service providers regarding the Esusu Service and your Esusu Account. Please be aware that standard data and messaging rates may apply to the receipt of text messages. You may opt out from receiving certain correspondence by updating your notification settings within the Esusu Platform, emailing rentsupport@esusu.org or selecting to unsubscribe as may be provided in the applicable correspondence. However, you may still receive essential service-related communications necessary to your continued use of the Esusu Service, such as but not limited to account verification or essential service updates.

FEES AND PAYMENTS

Portions of the Esusu Service that you may subscribe to may be subject to a recurring periodic subscription fee (a “Subscription Fee”). You agree to pay when due any and all Subscription Fees or other fees incurred by or accessible to you (and any and all applicable taxes) with respect to your Esusu Account and to provide us with a valid payment method acceptable to us (the “Payment Method”) for payment of all such fees. Such fees may include other amounts owing to us in connection with your use or misuse of the Esusu Service. If your Payment Method details change, your Payment Method provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to the portion of the Esusu Service subject to Subscription Fee. If you do not want to have your Payment Method automatically updated, you can opt out of these services by contacting your financial institution. If you would like to use a different Payment Method or if there is a change in Payment Method, please update your billing information on the Esusu Platform. All billing information you provide to us must be true and accurate and you represent that you are authorized to use the Payment Method in the manner contemplated here. If the Payment Method you provided to us for payment is declined or if a payment was not successfully made by you, you remain responsible for any uncollected amounts.If we are unable to collect your payment, we reserve the right to suspend or cancel your account at our sole discretion. We reserve the right to refuse to renew any subscription for any reason.

UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SUBSCRIPTION TO THE PORTION OF THE ESUSU SERVICE SUBJECT TO SUBSCRIPTION FEE WILL AUTOMATICALLY RENEW, AND THE APPLICABLE SUBSCRIPTION FEE WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT METHOD.

We may change the Subscription Fees and adjust pricing for the Esusu Service or any portion thereof in any manner and at any time as we may determine in our sole discretion. We will notify you in advance of any change in Subscription Fees by sending you an email to the email address in your User Profile. Any Subscription Fee change will take effect for you at the start of the next subscription period following the date of the change. By continuing to use the relevant portion of the Esusu Service after the change takes effect, you accept the new Subscription Fee. If you are not willing to accept the changed Subscription Fee, you have the right to reject the change by canceling your subscription in accordance with these Terms and Conditions.

CANCELLATION, REFUNDS

You may cancel your subscription at any time by contacting our customer support team on the Esusu Platform https://esusu.zendesk.com or by emailing rentsupport@esusu.org with your name, email and a description of your request. If you cancel your subscription, you may continue to utilize the features of the Esusu Service that do not require a paid subscription, or you may also request the deletion of your Esusu Account. We reserve the right, at our discretion and without liability to you, with or without cause, with or without prior notice, and at any time: (a) suspend or terminate these Terms and Conditions and your access to all or part of the Esusu Service, and (b) delete your Esusu Account. 

We have no obligation to provide refunds or credits for any portion of a subscription period not used, but we may grant them at our discretion under certain circumstances, such as if we are unable to provide you with all or a portion of the services subscribed to due to your ineligibility or our operational failure. Upon any termination by us, we will promptly pay you any amounts we determine we owe you in our reasonable discretion. 

Please note that if your Esusu Account is canceled for any reason, we have no obligation to delete or return to you any content you have posted to the Esusu Platform, including, but not limited to, any User Contributions or Feedback.

PROMOTIONS AND INCENTIVES

From time to time, Esusu may offer or award free or reduced rate subscriptions for limited periods of time during which the standard Subscription Fee is waived or reduced (“Trials”). Trials may be assigned or targeted to specific users, groups of users, or the general public, in each case in Esusu’s sole discretion. You agree that the making of an offer of a Trial to any user in no way creates any obligation on Esusu to offer any Trial to any other user, including you. Esusu may at its sole discretion offer incentives from time to time, including to users of the Esusu Service. Any such incentives will be subject to the terms and conditions referred to therein, on this Esusu Platform, or elsewhere via the Esusu Service. 

RENT REPORTING SERVICES

As part of the Esusu Service, if you rent a residential property and you and the property meet all the applicable qualifications for the program, we may provide you with the ability to have your on-time rent payments (“Payment Information”) reported to national consumer reporting agencies (currently Equifax, Experian and TransUnion, collectively the “Bureaus”) who accept such data from Esusu (“Rent Reporting Services”). If you elect to use the Rent Reporting Services and have your Payment Information reported to the Bureaus, you understand that you are providing written instructions in accordance with the Fair Credit Reporting Act, as amended (“FCRA”) and other applicable law for Esusu to furnish data regarding you and your Payment Information to the Bureaus. Such reporting will be subject to the guidelines promulgated by or for the Bureaus for such reporting, and applicable law, including the FCRA. While Esusu takes all commercially reasonable steps to report data correctly to the Bureaus according to their methods and recommendations, our ability to provide the Rent Reporting Services may be limited by our ability to obtain and verify all such data in accordance with the requirements of each Bureau. 

To subscribe to the Rent Reporting Services, you will be required to provide additional identifying information, such as your social security number, date of birth and zip code, as well as the address of your current lease. You may also be required to grant us access to certain accounts that you maintain online with third-party financial institutions (your “Bank Accounts”) in order to enable us to identify your rent payments and display them to you for verification on the Esusu Platform. Where this is the case, when you use the “Add Accounts” feature of the Esusu Service, our third-party processor will be directly connected to the website for the third party you have identified as the holder of the relevant Bank Account. Our third-party processor will submit information including usernames and passwords that you provide to log you into such third-party website(s). You will need to authorize and permit our third-party processor to use and store information submitted by you (such as account passwords and usernames) to accomplish the foregoing and to configure the Esusu Service so that it is compatible with the third-party sites for which you submit your information. You expressly authorize us to access information from the relevant Bank Account as necessary to perform the relevant Esusu Service or as otherwise permitted hereunder and under the Privacy Policy. 

In other cases, you may be asked to manually input your rent payment information into the Esusu Platform or to upload a copy of your lease to the Esusu Platform so that the rent payment information can be extracted from it. Whether you manually input or upload this information, or if it is retrieved by our third-party processor from your Bank Accounts as described above, you agree that the information regarding your rent payments that appears in the Esusu Platform is your rent payment information, that it and all other information you provide in connection with your Rent Reporting Services subscription is true, accurate, current and complete in all respects and to truthfully affirm or certify to that effect when asked to do so. We make no effort to verify this information for any purpose, including but not limited to accuracy, legality or non-infringement.

You understand and acknowledge that, while the Rent Reporting Services are designed to ensure that your Payment Information is reported to the Bureaus that accept such data, Esusu cannot ensure that such data will be accepted, and Esusu has no control over how such reporting, when accepted, is used and reported by the Bureaus, nor how such data is used by users of the Bureau reporting services. For example, there is no guarantee that data regarding rent payments that is reported to the Bureaus will be used or accepted by mortgage lenders or other lenders in their lending decisions and underwriting. 

Esusu is not a credit bureau and does not have direct influence over any aspect of credit, credit profiles, or how credit scores are calculated. Each Bureau has unique approaches to and requirements for rental payment data furnishing and reporting, and those approaches and requirements change from time to time. You understand that it may take as long as 30-90 days for rental payment data to appear on Bureau records.

The Bureaus control how any data furnished to them is used. See each Bureau’s website for the terms and conditions of how they collect, store, manage, use, modify, disseminate and distribute such information. Once the information is transmitted by us to a Bureau, that Bureau will obtain an ownership interest in that data. We cannot guarantee the accuracy of the data on your credit report. Please see the terms below under “DISPUTING RENT REPORTING INFORMATION” below for information about how to dispute any information provided through the Rent Reporting Services that you believe is inaccurate.

No furnisher of rental payment data, including us, can guarantee an improvement in credit scores. The impact of your use of the Esusu Service on your consumer reports or credit scores will depend on a variety of factors beyond the Payment Information we furnish to the Bureaus through your use of the Esusu Service, including other aspects of your personal finances. For example, the delinquency of a car or credit card payment owed by you may negatively impact your credit score. Also, it is common to see a short-term decline in a credit score when a new tradeline is opened. Therefore, we must disclaim all warranties regarding the impact, if any, providing such Payment Information will have on your credit score. Although we only report your on-time rental payments to the Bureaus, we shall not be liable for any claims, charges, demands, damages or adverse impacts on your credit score or credit history if you cease using the Esusu Service or if we stop reporting your Payment Information due to your failure to pay your rent on time.

SUMMARY OF YOUR RIGHTS UNDER THE FCRA

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records).  A summary of your major rights under FCRA can be found here: https://files.consumerfinance.gov/f/documents/bcfp_consumer-rights-summary_2018-09.pdf . For more information, including information about additional rights, go to http://www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.

DISPUTING RENT REPORTING INFORMATION 

You may dispute an entry on your credit report derived from information provided by Esusu (on its own behalf or on behalf of a third-party such as your landlord) to a Bureau by notifying the relevant Bureau directly:

  • Equifax
    • Online: file a dispute
    • Phone: (800) 685-1111
    • Mail: P.O. Box 105873
      Atlanta, GA 30374
  • Experian
    • Online: file a dispute
    • Phone: (888) 397-3742
    • Mail: P.O. Box 2103
    • Allen, TX 75013
  • TransUnion
    • Online: file a dispute
    • Phone: (800) 916-8800
    • Mail: P.O. Box 390
    • Springfield, PA 19064

Or, if you believe that we have reported inaccurate information about you to a Bureau or other consumer reporting agency, notify us in writing at: 

  • Esusu Customer Support

When you write, tell us the specific information you believe is incorrect and why you believe it is incorrect. Please provide the following information as part of any dispute:

  • Your name
  • Your email address
  • Your phone number
  • Your mailing address 
  • Any supporting screenshots and attachments if possible

For more information on the dispute and investigation process or to inquire about the status of an investigation, please contact Esusu customer support above. 

CREDIT BUREAU DATA

When you create an Esusu Account, you understand that you are providing written instructions to the Bureaus in accordance with the FCRA and other applicable laws for us to request and receive copies of consumer reports, credit scores and other information about you from the Bureaus and other third party consumer reporting agencies. You understand that your instructions let us obtain such information at any time, for as long as you have an Esusu Account, and use it for the purposes of (i) displaying such information to you through the Esusu Platform, (ii) providing authorized parties with de-identified and aggregated metrics, and (iii) for other internal business purposes subject to the these Terms and Conditions and the Privacy Policy.

Information that we may display to you on the Esusu Platform regarding your credit score, credit report, factors that may affect your credit score, and other credit related information is provided by the Bureaus, not Esusu. Esusu is not a credit repair organization and Esusu does not, nor is the Esusu Service intended to, provide any credit repair, legal, tax, or financial advice. 

MARKETPLACE SERVICES

As a user of the Esusu Service, you will be able to access offers for third-party financial services and products (“Third-Party Products”) on the Esusu Platform (the “Marketplace Services”). Esusu does not offer the Third-Party Products and does not represent that you will be eligible for any Third-Party Products. While some of the third-party offerings and services promoted through the Esusu Platform may be free or from non-profit organizations, some may require additional fees or a paid subscription. 

ESUSU PASSPORT SERVICE

As a part of the Esusu Service, you may be able to send a copy of your recent rental payment history to a third party (“Esusu Passport”). Esusu Passport is for convenience and educational purposes only and is neither a consumer report (or a substitute for one) and should not be used for that purpose. The data displayed by Esusu regarding your rental history is only a representation of your tradeline, and not actual data from the Bureaus. You should periodically review your credit profile at each Bureau in order to verify the accuracy of your rental payment history.

USER CONDUCT

You may use the Esusu Service only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Esusu Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms and Conditions.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Esusu, an Esusu employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Esusu Service, or which, as determined by us, may harm Esusu or users of the Esusu Service, or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Esusu Service, including their ability to engage in real time activities through the Esusu Platform.
  • Use any robot, spider, computer, server, or other automatic device, process, or means to access the Esusu Service for any purpose, including monitoring or copying any of the material on the Esusu Platform.
  • Use any manual process to monitor or copy any of the material on the Esusu Platform, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Esusu Platform.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Esusu Service, the server(s) on which the Esusu Platform is stored, or any server, computer, or database connected to the Esusu Platform.
  • Attack the Esusu Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Esusu Service.

USER CONTRIBUTIONS

The Esusu Platform may now or in the future contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Esusu Platform. All User Contributions must comply with the Content Standards set out in these Terms and Conditions. Any User Contribution you post to the Esusu Platform will be considered non-confidential and non-proprietary. We do not claim ownership of any User Contributions posted on the Esusu Platform. However, by providing any such User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual and fully-paid license and right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above; and (b) all of your User Contributions do and will comply with these Terms and Conditions. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Esusu, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Esusu Service. Nevertheless, we reserve the right to:

  • Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Esusu Service or the public, or could create liability for Esusu.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Esusu Service.
  • Terminate or suspend your access to all or part of the Esusu Service for any or no reason, including without limitation, any violation of these Terms and Conditions.

However, we do not undertake to review material before it is posted on the Esusu Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Without limiting the foregoing, 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 Esusu Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS 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.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

INTELLECTUAL PROPERTY

The contents of the Esusu Service, including, without limitation, those on the Esusu Platform, their “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including, without limitation, html-based computer programs), trademarks, trade names and/or service marks, and all materials incorporated herein are protected under both United States and other applicable copyright, trademark and intellectual property laws. The contents of the Esusu Service belong or are licensed to Esusu or its software or content suppliers. Esusu grants you the right to view and use the Esusu Service subject to these Terms and Conditions. You may download or print a copy of information provided on the Esusu Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Esusu Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Without limiting the foregoing, the Esusu name, the Esusu logo, the term UNLOCK TOMORROW, and all related names, logos, product and service names, designs, and slogans are trademarks of Esusu or its affiliates or licensors. You must not use such marks without the prior written permission of Esusu. All other names, logos, product and service names, designs, and slogans on the Esusu Platform are the trademarks of their respective owners.

While we welcome feedback, ideas, and suggestions (collectively, “Feedback”), if you send Feedback to us, you represent, warrant and agree that: (1) you grant us all rights in your Feedback, your Feedback becomes the property of Esusu immediately upon your providing it to us, and you are not owed any compensation in exchange; (2) none of the Feedback contains confidential or proprietary information of any third party; (3) Esusu may use or redistribute Feedback for any purpose and in any way; (4) there is no obligation for Esusu to review your Feedback; and (5) Esusu has no obligation to keep any Feedback confidential. You agree that upon reasonable request by us, you will take any steps and actions, and provide any cooperation and assistance to us and our successors, assigns, and legal representatives, including the execution and delivery of any affidavits, declarations, oaths, exhibits, assignments, powers of attorney, or other documents, as may be necessary to effect, evidence, or perfect the assignment of the Feedback to us, or to our assignee or successor.

If you are a copyright owner or an agent thereof and believe that any content on the Esusu Platform infringes upon your copyright, you may notify us by providing the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows:

Esusu, Inc.
200 Broadway, 3rd Floor, Suite 209
New York, NY 10038
Email: legalnotices@esusu.org 

You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

USE OF GENERATIVE AI AND CHATBOTS 

For purposes of these Terms and Conditions, “Generative AI” means a type of artificial intelligence, including large language models, capable of generating text, audio, images, or other media, and a “Chatbot” is an application feature or interface by which users engage in voice or text communications intended to mimic human interactions and conversations, through the use of Generative AI and third-party large language models.

Esusu may utilize chatbots and other generative AI features on the Esusu Platform (“Generative AI Features”). Users should not disclose sensitive or personal data, proprietary, or confidential information to the Generative AI Features, unless prompted to do so. To the fullest extent permitted by applicable law, Esusu disclaims any liability for unauthorized access or disclosure of any information provided to the Chatbot and Generative AI Features. 

Due to the inherent nature of Generative AI, the information, responses, and recommendations generated through Generative AI Features (“Output”) may not always be accurate, complete, or up-to-date. The Output may also contain errors, omissions, or misunderstandings of the content provided by users (“Input”). Chatbot is for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. You should independently review and verify the Output before relying on it for making any decisions, including transactions or actions based on any Output. Esusu shall not be liable if information made available by the Chatbot is not accurate, complete, or current as applied to your specific inquiry; and reliance on the responses provided by the Chatbot is at your own risk. Further, the responses/replies provided by the Chatbot should not be considered as official statements of Esusu and should not be attributed to Esusu.

Unless specified otherwise, the Output is based on information available on Esusu’s platforms, Esusu generated content, and third-party large language models. Esusu cannot verify and does not attest to the accuracy or currentness of any third-party sources. All Outputs generated by the Generative AI Features are owned by Esusu. Users are granted the right to utilize the Outputs for personal, non-commercial purposes. However, Esusu retains full ownership and intellectual property rights over all such materials.

The Esusu Platform contains links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party websites or resources, or their products or services. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. If you decide to access any of the third-party websites linked to the Esusu Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

RELIANCE UPON INFORMATION POSTED

The information presented on or through the Esusu Platform is made available solely for general information purposes. We may update the content on the Esusu Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Esusu Platform may be out of date at any given time, and we are under no obligation to update such material. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials.

The Esusu Service may include content provided by third parties, such as materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Esusu, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Esusu. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

TIMELINESS AND ACCURACY OF EXTERNAL DATA

We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Esusu Service, information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up to date when obtained directly from the relevant websites. 

SPECIAL TERMS REGARDING THE APPLE APP STORE 

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

  • You acknowledge and agree that (i) these Terms and Conditions are concluded between you and Esusu only, and not Apple, and (ii) Esusu, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Esusu and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Esusu.
  • You and Esusu acknowledge that, as between Esusu and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and Esusu acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Esusu and Apple, Esusu, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
  • You and Esusu acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms and Conditions as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • Without limiting any other parts of the Terms and Conditions, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

USE OF THE ESUSU APPS

You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the Esusu Apps.  We do not guarantee that the Esusu Apps can be accessed and used on any particular device or with any particular service plan.  We do not guarantee that the Esusu Apps will be available in any particular geographic location. As part of the Esusu Service, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the Esusu Apps (“Push Messages”). You acknowledge that, when you use the Esusu Apps, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Esusu Apps or Esusu Platform or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Esusu Apps, including your receipt of Push Messages from us. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Esusu Apps on your mobile device, including for your receipt of push messages from the us.

UPDATES TO THE ESUSU APPS

Esusu may from time to time in its sole discretion develop and provide updates to the Esusu Apps that are used to access the Esusu Service, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Esusu has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:

  • the Esusu Apps will automatically download and install all available Updates; or
  • you may receive notice of or be prompted to download and install available Updates.

You agree to promptly download and install all Updates and acknowledge and agree that the Esusu App or portions thereof may not properly operate should you fail to do so. You are also responsible for ensuring your device, whether on iOS, Android, or another system, is updated with the latest software available. Esusu disclaims any liability for security risks, data breaches, service issues, or any malfunctions or damages arising out of outdated or unsupported software (even if Esusu permits the Esusu App to be downloaded to a device running such outdated or unsupported software).

BETA SERVICES 

From time to time, we may, in our sole and subjective discretion, include certain test or beta features or products in the Esusu Service (“Beta Services”) as we may designate from time to time. Your use of any Beta Service is completely voluntary. The Beta Services are provided on an “as is” basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Service is at your sole risk.  You agree that once you use a Beta Service, your content or data may be affected such that you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Service back to the prior non-beta version. If we provide you any Beta Services on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Services. For any such confidential Beta Services, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Services without our prior written consent.

FORCE MAJEURE

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE ESUSU SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ESUSU SERVICE IS AT YOUR OWN RISK. THE ESUSU SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ESUSU PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

NEITHER ESUSU NOR ANY PERSON ASSOCIATED WITH ESUSU MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ESUSU SERVICE OR THE ESUSU PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ESUSU NOR ANYONE ASSOCIATED WITH ESUSU REPRESENTS OR WARRANTS THAT THE ESUSU SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ESUSU PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE ESUSU SERVICE, THE ESUSU PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ESUSU SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ESUSU PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ESUSU, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, EVEN IF FORESEEABLE, UNDER ANY LEGAL THEORY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR YOUR SUSPENSION FROM OR TERMINATION OF ACCESS TO,THE ESUSU SERVICE, THE ESUSU PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON ESUSU PLATFORM OR SUCH OTHER WEBSITES, OR (B) ANY DIRECT DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO ESUSU IN THE LAST TWELVE (12) MONTHS FOR THE APPLICABLE ESUSU SERVICE OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AND THE LIMITATION ON DIRECT DAMAGES SHALL NOT IN ANY EVENT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (B) DEATH OR BODILY INJURY RESULTING FROM OUR ACTS OR OMISSIONS. 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Esusu, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Esusu Service, including, but not limited to, your User Contributions, any use of the Esusu Service content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Esusu Platform. You agree that this section will survive any termination of your Esusu Account, these Terms and Conditions or your access to the Esusu Service.

GOVERNING LAW; SUBMISSION TO JURISDICTION

All matters arising out of or relating to the Esusu Service, the Esusu Platform, these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Notwithstanding the provision in the preceding sentence with respect to applicable substantive law, the parties acknowledge that these Terms and Conditions evidence a transaction involving interstate commerce and agree that any arbitration conducted pursuant hereto shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). Except as otherwise expressly set forth below under “BINDING ARBITRATION AND CLASS WAIVER”, any legal action or proceeding arising under this Agreement shall be brought exclusively in the Federal or state courts of appropriate jurisdiction located in New York, New York, and the parties hereby irrevocably consent to the personal jurisdiction and venue of such courts.

BINDING ARBITRATION AND CLASS WAIVER

PLEASE READ THIS “BINDING ARBITRATION AND CLASS WAIVER” SECTION CAREFULLY, BECAUSE IT REQUIRES YOU AND ESUSU TO ARBITRATE MOST DISPUTES AND LIMITS THE MANNER IN WHICH YOU OR ESUSU CAN SEEK RELIEF. BY AGREEING TO ARBITRATE, EACH PARTY IS EXPRESSLY WAIVING ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST ESUSU. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST ESUSU BY SOMEONE ELSE. YOU UNDERSTAND THAT THE RIGHT TO APPEAL OR SEEK MODIFICATION OF ANY RULING OR AWARD BY THE ARBITRATOR IS LIMITED UNDER STATE AND FEDERAL LAW. 

WHILE YOU MUST AGREE TO THESE PROVISIONS AS TO ANY AND ALL DISPUTES, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE APPLICATION OF THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO OPT OUT IS TIME-LIMITED TO 30 DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.

Esusu seeks to address all the concerns of its customers without the need for a formal legal dispute. Before filing a claim against Esusu, you agree to try to resolve any Dispute (as defined below) informally by contacting rentsupport@esusu.org . Similarly, if you have provided an email address to us as part of your Account registration, Esusu agrees to do the same. If a Dispute is not resolved within 30 days after the email noting the Dispute is sent, then the matter will proceed to arbitration as set forth below.

Any dispute, claim or controversy arising out of or relating to (i) these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, (ii) the Esusu Service or the Esusu Platform, or (iii) the relationship between you and Esusu (collectively, “Disputes”), shall be determined by arbitration administered by JAMS. This clause shall not preclude the parties from resolving Disputes in small claims court, to the extent they qualify, or prevent you or Esusu from seeking equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or from seeking provisional remedies in aid of arbitration from any court of appropriate jurisdiction. 

Any such arbitration shall be conducted before a single neutral arbitrator in the English language pursuant to JAMS’ Streamlined Arbitration Rules and Procedures; provided, however, that Disputes involving claims and counterclaims in excess of $250,000 shall be arbitrated pursuant to the expedited procedures set forth in JAMS’s Comprehensive Arbitration Rules and Procedures, including Rules 16.1 and 16.2 thereof(the “JAMS Rules”). The JAMS Rules are available at www.jamsadr.com or by calling JAMS at 800-352-5267.

You may choose to have the arbitration conducted by telephone or online video conference, based on written submissions, or in person at a mutually agreed location in New York, New York. You and Esusu shall appoint as single arbitrator a person mutually agreed by you and Esusu or, if you and Esusu cannot agree within 30 days of either party’s request for arbitration, such single arbitrator shall, upon the request of either party, be selected pursuant to the JAMS Rules. If you assert a Dispute as an individual, you will only be required to pay the $250 filing fee charged in connection with any arbitration under this Section, and Esusu will bear all other costs of the arbitration, including any remaining JAMS Filing Fee, Case Management Fee and all professional fees for the arbitrator’s services. Notwithstanding the foregoing, if the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator may award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by JAMS for the arbitration.

YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.  Whether any Dispute is heard in arbitration or in court, the parties agree that any claims brought by them must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, class action, or class arbitration. You hereby waive any and all rights to bring any claims related to any Disputes as a plaintiff or class member in any purported class or representative proceeding or to participate in any class action or class arbitration. You may bring claims only on your own behalf.  By accepting this agreement, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date of you agreed to these Terms and Conditions. In the event that, notwithstanding the foregoing, more than 25 individuals assert substantially similar claims in arbitration demands filed against Esusu, those arbitration proceedings shall be consolidated into a single proceeding before a single arbitrator.

Under no circumstances shall the arbitrator be authorized or empowered to award any incidental, indirect or consequential damages, including damages for lost profits, or punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for any of the specific claims asserted, and the parties waive any right to recover any such damages.

All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Any costs, attorneys’ fees or taxes involved in confirming or enforcing the award will be fully assessed against and paid by the party resisting confirmation or enforcement of said award.

Whether to agree to arbitration is an important decision. It is your decision to make, and you are not required to rely solely on the information provided in these Terms and Conditions. You are encouraged to take reasonable steps to conduct further research and to consult with counsel regarding the consequences of your decision. 

YOU MAY OPT OUT OF THE APPLICATION OF THIS ARBITRATION PROVISION AND CLASS WAIVER. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY TO ALL CLAIMS YOU HAVE POSSESSED OR MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT. IN ORDER TO EXERCISE YOUR OPTION, YOU MUST DO SO BY FOLLOWING THE INSTRUCTIONS BELOW. NO OTHER ACTION OR METHOD FOR OPT OUT SHALL BE EFFECTIVE.

IF YOU DO NOT WISH TO AGREE THAT THIS ARBITRATION AND CLASS WAIVER AGREEMENT SHALL APPLY, YOU MUST, WITHIN THE 30 DAY PERIOD FOLLOWING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, SEND AN E-MAIL TO LEGALNOTICES@ESUSU.ORG CONTAINING YOUR FULL NAME, ADDRESS, AND THE WORDS “ARBITRATION OPT OUT” IN THE SUBJECT LINE OF THE EMAIL.

Even if you opt out of this arbitration agreement, you will remain subject to and bound by any prior arbitration agreements or provisions you previously agreed to with Esusu. Esusu reserves and does not waive the right to assert any such prior arbitration agreements or provisions. If you do not opt out, to the extent these Terms and Conditions in any way conflict with any prior agreement, these Terms and Conditions shall control.

You and Esusu agree that any claims or lawsuits, regardless of form, arising out of or related to any Dispute must be filed within one year of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or imposed by law or statute. 

If any portion of this Binding Arbitration and Class Waiver section is determined by a court to be inapplicable or invalid, then except as set forth in the following sentence, the remainder shall still be enforceable to the maximum extent permitted by law. Notwithstanding the foregoing, if this section’s waiver of class or representative proceedings, class actions, or class arbitrations is held invalid or unenforceable in respect of a given claim for relief, then that claim must be severed from the arbitration and brought into the State or Federal Courts located in the City and State of New York. 

This Binding Arbitration and Class Waiver section will survive the termination of your Esusu Account, these Terms and Conditions and your relationship with Esusu. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

ASSIGNMENT

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Esusu’s prior written consent. Any attempt by you to assign or transfer these Terms and Conditions, without such consent, shall be null and of no effect. Esusu may assign or transfer these Terms and Conditions, in its sole discretion, without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors, and permitted assigns.

NOTICES

Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in writing and given by Esusu (i) via email (in each case to the email address that you provide) or (ii) by posting to the Esusu Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

SEVERABILITY

These Terms and Conditions are intended to govern the agreement between Esusu and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms and Conditions or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, then except as otherwise expressly set forth herein, the remainder of these Terms and Conditions and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.

NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Esusu Service.

NOTICE TO NEW JERSEY RESIDENTS

If you are a New Jersey resident, no provision in these Terms and Conditions, including the Limitations of Liability, will apply to you if the provision limits your remedies to the extent we were negligent or reckless or we have breached any obligation to you and caused you damage.

ENTIRE AGREEMENT

These Terms and Conditions constitute the sole and entire agreement between you and Esusu regarding the Esusu Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.