Terms and Services

Last Updated: April 25, 2020

We are AmericanAnova LLC. ("AmericanAnova"), located in Atlanta GA, United States.

The following terms and conditions (these “Terms of Services”) govern your access to and use of the Online Application Payment offered via Square and its content, and the services offered therein (collectively, the “Portal”). There are important terms below that affect your legal rights, so we want to emphasize:

PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE IN THEIR ENTIRETY, WHICH CONTAIN PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, AND MORE.

By clicking on “Pay Now” to pay your application fee, you agree that you have read and are bound by these Terms of Service. If you do not agree to these Terms of Service in their entirety, your sole option is to not use the Payment option provided.

1. What is the Pay Now. The Pay Now connects you to “Secure checkout powered by Square” owned and operated by Square Capital, LLC. This feature allows you to pay your application fee as indicated and agreed by you in a convenient manner.

2. Using the Pay Now. You must be eighteen years of age or older to Apply and use the Pay Now feature. You agree that you will not misuse this feature. Misuse can take many forms, including using the Pay Now in a manner that violates applicable federal, state or local laws; trying to gain access to other users’ accounts; scraping, monitoring, or copying any of the material; or attacking, impairing, or interfering with the application or Square Capital.

All information you provide to us in connection with your use of the Pay Now will be true, correct and complete. You agree not to misrepresent (lie) about your identity to send payments.

We may suspend or terminate your application if we suspect you have engaged in any misconduct or if you violate these Terms of Service, in each case as determined in our sole discretion.

If using a mobile device to access the Pay Now feature, data charges may apply, which you are solely responsible for. Such charges include those from your communications service provider.

3. e-Notices and System Requirements. As a condition to your use of the Pay Now, including the Pay Now (described below), you agree to accept all notices, communications, disclosures, and records in electronic form regarding the Pay Now or otherwise related to your use of the Pay Now (“e-Notices”). To receive e-Notices you warrant (promise) that you have all of the following system requirements, which are required to access, view, download, and retain e-Notices:

A computer or mobile device with Internet or mobile connectivity.
Access to the email address used to get your payment receipt.
Sufficient storage space to save e-Notices and/or a printer to print them.
If you use a spam filter that blocks emails for domains, you must check to make sure e-Notices do not end up there.

You may withdraw consent to receive e-Notices by contacting AmericanAnova at milad@americananova.com.

Pay Now. Subject to your compliance with all of the terms and conditions in these Terms of Service, you may use the Pay Now to authorize one-time electronic payment of your Application Fee.

You may authorize a one-time or recurring payment of the amount indicated on the page and agreed upon by you and AmericanAnova. Your payment will be posted within one business day after successful payment has been recorded.

To use the Pay Now via Square Capital, you must use an acceptable form of payment as shown on the Square Capital website. You warrant (promise) that you have the authority to authorize Square Capital to debit the payment(s) from the payment form you have picked.

If paying with credit card, you may be entitled to dispute a transaction, also known as a chargeback.

You are not permitted to affect, change, revoke or terminate a one-time payment if that payment is in process. This means, among other things, that if you or we terminate your application that revocation or termination will not revoke or terminate any payment that is in process. A payment is “in process” once you go through the Square Capital page and receive payment confirmation. It may take a few days for payment to be posted on your credit card statement.

You also may have the legal right to revoke electronic payments by contacting the financial institution where you hold the linked bank account or credit card. Contact your financial institution to determine the information your financial institution needs to process your revocation and the time your financial institution needs to process any revocation.

We may terminate or suspend your use of the Pay Now at any time with or without reason and without notice to you. If we so terminate, you remain responsible to make your application payment.

There may be a fixed and flat convenience fee to use the Pay Now. Such fee is displayed at the time you make a payment. Nothing in this paragraph relieves you of your responsibility to pay any amount, fee or charge you may owe. Also, you will be responsible for paying any amount you may owe other persons or companies related to the use of the credit card linked to online payments.

You understand and agree that in utilizing the Pay Now to pay your application fee, the property manager or owner of your community do not waive their rights under applicable law to proceed against you should you tender less than the entire sum due and owing to the property manager or owner of your community.

5. Third Party Services. The Pay Now operated by Square Capital LLC may contain links to other sites, services, and products provided by third parties, which may include our affiliates or subsidiaries. Such links are provided for your convenience only. We have no control over such sites, services, and products and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or services found within the Pay Now, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or services.

6. Changes to the Portal. We reserve the right to make changes to the Pay Now feature at any time. You acknowledge and agree that we may add or remove functionalities or may stop supporting or making the Pay Now available altogether. If required by applicable law we will provide you with electronic notice of such changes.

7. Security. When using the Pay Now you may be asked from time to time to provide certain information for purposes of providing you services. This information may include sensitive personal information, such as your name, address, and bank account and credit card information. We will NEVER ask for any of these information. The Pay Now is operated by Square Capital LLC and any and all information gathered will be stored, used solely based on Square Capital’s Privacy Policy and any other applicable rules. By using the Pay Now you agree to our Privacy Policy.

8. As-Is; Disclaimer of Warranties. We make no commitments with respect to your use of the Pay Now or its performance. More specifically:

YOUR USE OF THE PAY NOW FEATURE AT YOUR OWN RISK AND IT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY COMMITMENT OR PROMISE WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PAY NOW PAYMENT, OR THAT YOUR USE WILL NOT RESULT IN EXPOSURE TO VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PAY NOW OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PAY NOW WILL OTHERWISE MEET YOUR NEEDS.

EXCEPT FOR ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PORTAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

9. Limitation on Liability. EXCEPT IN CONNECTION WITH YOUR INDEMNIFICATION OBLIGATIONS HEREUNDER, EACH OF OUR LIABILITY UNDER THESE TERMS OF SERVICE WILL BE LIMITED AS FOLLOWS:

TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER PARTY WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH YOUR USE OF THE PAY NOW. IN ALL CASES NEITHER PARTY WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

TO THE EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY TO THE OTHER FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE PAY NOW, INCLUDING FOR ANY IMPLIED WARRANTIES (WHICH CAN NOT BE LIMITED OR EXCLUDED), IS LIMITED TO THE LESSER OF (1) ALL FEES RECEIVED BY US IN CONNECTION WITH PAYMENTS MADE BY YOU VIA THE PAY NOW; OR (2) $40.

10. Indemnification. You agree to defend, indemnify and hold harmless us and our affiliates, licensors, and third party partners, and our 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 of Service or your use of the Pay Now.

You will not be responsible for indemnifying us or holding us harmless from any claims, liabilities, damages, costs or expenses caused solely by or solely arising out of the gross negligence or intentional misconduct of AmericanAnova, its agents, officers, employees or affiliates.

11. Arbitration Agreement. In the unlikely event there is a dispute between you and us related to the Pay Now or these Terms of Service, this Section provides for how that dispute will be resolved.

PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE RELATING TO THE PAY NOW OR THESE TERMS OF SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE DISPUTES IN COURT, OR TO HAVE A JURY TRIAL ON THE DISPUTES.

ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THIS MEANS THAT ALL PARTIES TO THE ARBITRATION ARE PROHIBITED FROM JOINING OR CONSOLIDATING DISPUTES IN ARBITRATION BY OR AGAINST OTHERS AND ARE PROHIBITED FROM ARBITRATING ANY DISPUTES AS A REPRESENTATIVE OR MEMBER OF A CLASS. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED.

Any dispute, claim or controversy (each a “Dispute”) arising out of or relating to the Pay Now or these Terms of Service and involving you and us will be resolved exclusively by binding arbitration. You acknowledge and agree that you (and us too) are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. However, you (and us too) retain the right to injunctive relief in a court of competent jurisdiction.

If you intend to seek arbitration, you must email us a written notice (“Notice of Dispute”) to milad@americananova.com. The Notice of Dispute shall describe the nature and basis of the dispute and the specific relief sought. If the parties cannot reach an agreement to resolve the dispute within thirty (30) days after the Notice of Dispute is received, either party may commence arbitration.

All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Any decision of the arbitrator shall be final. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude you or us from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Your and our liability is limited as described in these Terms of Service, to the fullest extent permitted by applicable law. The arbitrator cannot award punitive or exemplary damages (except as may be required by statute), any pre-award interest, or incidental, indirect or consequential damages, including damages for lost profits, or harm suffered by third parties.

If any clause within this arbitration provision is found to be illegal or unenforceable, that clause will be severed from this arbitration provision, and the remaining terms will be given full force and effect.

12. Governing Law; Jurisdiction. All claims arising out of or relating to the Pay Now or these Terms or the Services will be arbitrated in Fulton County, GA, USA You consent to such personal jurisdiction, and we do too.

13. Provisions About These Terms of Service. We may change these Terms of Service from time to time in response to new offerings or changes in the law, it is your full responsibility to read and save these Terms and Conditions.

If you do not comply with these Terms of Service and we do not take action right away, it shall not be deemed a continuing or further waiver of your failure to comply. Likewise, our failure to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If it turns out that a particular provision or part of these Terms of Service is not enforceable, it will not affect any other terms.

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Pay Now and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

These Terms of Service control the relationship between us and you. They do not create any third party beneficiary rights.