Terms of Use

 
 

 

Date Last Revised: December 13, 2016

 

These Terms of Use set forth the terms and conditions that apply to your access and use of arora.gives, arora.financial, arora.community and arora.education and all webpages located on those domains (collectively, the “Sites”), as owned and operated by Women at the Forefront, LLC d/b/a Arora (“Arora”).

 

By accepting electronically (for example, clicking “I Agree”), accessing or using the Sites or the Arora-Ed or Arora Wallet services (the Arora-Ed and Arora Wallet services are referred to collectively herein as the “Services”), you agree to be bound by the terms and conditions of these Terms of Use and the Arora Privacy Policy as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Terms of Use, then you may not use the Sites or the Services.

 

1. Accepting the Terms

By using the information, tools, features, software and functionality including content, updates and new releases provided by Arora of the Sites, you agree to be bound by this Terms of Use, whether you are a “Visitor” (which means that you simply browse the Sites), or a “Customer” (which means that you have registered for an account with either of the Services). The term “you” or “User” refers to a Visitor or Customer. The term “we” refers to Arora. If you wish to become a Customer or want to make use of the Services, you must read this Terms of Use and indicate your acceptance during the registration process.

 

You may not use any of the Services and you may not accept this Terms of Use if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Arora.

 

Before you continue, you should print or save a local copy of this Terms of Use for your records.

 

2. Privacy and your Personal Information

You can view the Arora Privacy Policy here.  You agree to the Privacy Policy and any changes published by Arora. You agree that Arora may use and maintain your data according to the Privacy Policy.

 

3. Nondiscrimination

Arora welcomes people of all genders and gender expressions to access and utilize the Sites and the Services.  Arora does not discriminate on the basis of gender, gender expression, race, color, religion (creed), age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.

 

4. Description of the Services

Arora Wallet is a personal finance information management service that allows you to consolidate and track your financial information. Arora Wallet is provided to you by Arora for free and is meant to provide you with your information to allow you to organize and manage your finances.

 

Arora-Ed is a free financial literacy course offered in partnership with National Life Skills Education Council, LLC d/b/a National Financial Educators Council.

 

The Services and/or the Sites may also present you information relating to third party products or services (“Arora Offers”) that you may be interested in. The Services and/or the Sites may also provide you general tips, recommendations and educational material.

 

5. Arora Wallet: Account Information from Third Party Sites

Users of Arora Wallet may direct Arora to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Arora works with one or more online service providers to access this Account Information. Arora does not review the Account Information for accuracy, legality or non-infringement. Arora is not responsible for the Account Information or products and services offered by or on third-party sites.

Arora 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. Arora 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 Services, Account 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 sites.

 

6. Arora Offers and Third-Party Links

The Services may display Arora Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We may disclose when a particular Arora Offer is sponsored or otherwise provided by a third party.

 

The Services and Sites will provide links to other web sites belonging to third parties. These links are provided to you as a convenience. Arora does not endorse, warrant or guarantee the products or services available through any other third-party products or services advertised on or linked from the Sites or Services, whether or not sponsored. Arora is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Arora does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular third party on the Sites are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Arora may receive compensation from third parties whose services or products are linked to from the Sites or Services.

 

If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policies.

 

7. Your Registration Information and Electronic Communications

In order to allow you to use any of the Services, you will need to sign up for an account with Arora. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Arora cannot verify your identity, we can refuse to allow you to use the Services.

 

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login ID, allows you to access the Services. That login ID and password, together with any other information you provide, form your “Registration Information.” You consent to receive communications electronically. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our Sites, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.

 

You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.

 

If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Arora immediately at the email address: team@arora.gives.

 

If you believe that your Registration Information or Account Information or device that you use to access the Services has been lost or stolen, or that someone is using your account without your permission, you must notify us immediately in order to minimize your possible losses.

 

The following is Arora’s contact information:

Telephone: 212-219-2891

Email: team@arora.gives

Address: 7 Times Square, 37th Floor, New York, NY 10036

 

8. Your Use of the Services

Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Arora to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, and you may not misrepresent your Registration Information or Account Information. In order for the Services to function effectively, you must also keep your Registration Information and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration Information and Account Information and other information necessary to facilitate your use of the Services.

 

Your access and use of the Sites and/or the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Sites and/or Services or other actions that Arora, in its sole discretion, may elect to take. In no event will Arora be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

 

Your sole and exclusive remedy for any failure or non-performance of the Sites and/or Services, including any associated software or other materials supplied in connection with such services, shall be for Arora to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

 

9. Use With Your Mobile Device

Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your Terms of Use with your mobile device and telecommunications provider. ARORA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

 

10. Online and Mobile Alerts

Arora may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.

 

Voluntary account alerts may be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Arora may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Arora may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Arora shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

 

Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

 

Users of Arora Wallet: Because alerts are not encrypted, we will never include your passcode. However, alerts may include your login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

 

11. Rights You Grant to Us

To the extent that you submit information, data, passwords, usernames, PINs, other log-in information, materials and other content to Arora through the Services, you are licensing that content to Arora for the purpose of providing the Services. Arora may use and store the content in accordance with this Terms of Use and our Privacy Policy. You represent that you are entitled to submit it to Arora for use for this purpose, without any obligation by Arora to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Arora to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the Services to link to one of your third party accounts, such as a bank account, you will be directly connected to the website for the third party you have identified. Arora will submit information including usernames and passwords that you provide to log into the site. You hereby authorize and permit Arora to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information. For purposes of this Terms of Use and solely to provide the Account Information to you as part of the Services, you grant Arora a limited power of attorney, and appoint Arora as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ARORA IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, ARORA IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Arora is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.

 

12. Arora’s Intellectual Property Rights

The contents of the Sites and the Services, including their “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material, are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Sites and the Services belong or are licensed to Arora or its software or content suppliers. Arora grants you the right to view and use the Sites and the Services subject to these terms. You may download or print a copy of information from the Sites and the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Sites or Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Sites or the Services or content in a manner that violates any applicable law, regulation or this Terms of Use.

 

13. Access and Interference

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Sites or any portion of the Sites, without Arora’s express written consent, which may be withheld in Arora’s sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Sites, other than the search engines and search agents available through the Sites and other than generally available third-party web browsers (such as Microsoft Explorer);
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Sites or the Services; or
  • Attempt to gain an unauthorized access to any portion of the Sites or the Services.

 

14. Social media sites

Arora may provide experiences on social media platforms such as Facebook®, Instagram®, LinkedIn®, Pinterest® and Twitter® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

 

15. Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITES OR SERVICES OR PROVIDED THROUGH THE SITES OR SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ARORA, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

 

NEITHER ARORA OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND ARORA EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ARORA OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 OF THESE TERMS OF USE MAY NOT APPLY TO YOU.

 

16. Not a Banking Institution, Financial Planner, Financial Advisor, Broker or Tax Advisor

NEITHER ARORA, THE SITES OR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. ARORA IS NOT A BANKING INSTITUTION, FINANCIAL PLANNER, FINANCIAL ADVISOR, BROKER OR TAX ADVISOR. The Sites and Services are intended only to assist you in your financial organization and decision-making and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Sites or Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who are fully aware of your individual circumstances.

 

17. Limitations on Arora’s Liability

ARORA SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THESE TERMS OF USE, EVEN IF ARORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, ARORA’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

 

18. Your Indemnification of Arora

You shall defend, indemnify and hold harmless Arora and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses (including but not limited to attorneys fees), whether in tort, contract, or otherwise, in whole or in part arising out of or attributable to any breach of this Terms of Use or any activity by you in relation to the Sites or your use of the Services.

 

19. Terminating Access to the Sites or Services

Arora may at any time, terminate its Terms of Use with you and access to the Sites or Services: (i) if you have breached any provision of this Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Terms of Use); (ii) if Arora in its sole discretion believes it is required to do so by law (for example, where the provision of the Sites or any Service to you is, or becomes, unlawful); (iii) for any reason and at any time with or without notice to you; or (iv) immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

 

You acknowledge and agree that Arora may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Arora shall not be liable to you or any third party for any termination of your access to the Sites or Services.

 

20. Modifications

Arora reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Arora reserves the right to change the Sites or Services in our sole discretion and from time to time. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s), will constitute your Terms of Use to such change(s). You agree that Arora shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.

 

Arora may modify these Terms of Use from time to time. Any and all changes to these Terms of Use may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Terms of Use will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Terms of Use when you use the Services after those changes are posted.

 

21. Governing Law and Forum for Disputes

New York state law governs this Terms of Use without regard to its conflicts of laws provisions.

 

WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS TERMS OF USE, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THIS RIGHT.

 

This Section 21 shall survive expiration, termination or rescission of this Terms of Use.