ARRIV EXOTICS
TERMS & CONDITIONS
ARRIV Exotics Terms & Conditions
ARRIV Exotics Terms and Conditions
a. These ARRIV Exotics Terms and Conditions (“ARRIV Exotics Terms”) govern your access and use of the portal made available by ARRIV, a Delaware limited liability company with offices at 3 Germay Dr., Wilmington, Delaware, 19804 (along with its affiliate companies, hereinafter referred to as "ARRIV"), and powered by third-party car rental agencies or aggregators, that enables users to make car rental reservations with third-party providers of rental cars and to request rental car delivery services from independent third-party transportation providers (“Third Party Providers”), and applicable products and services (“ARRIV Exotics”). ARRIV is not responsible for the products and services provided by third parties, including but not limited to rental car delivery services provided by Third Party Providers, the cars being offered for rent, or any applicable products or services, or for the terms and conditions (including financial terms) under which those products and services are offered. ARRIV will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any inaccurate, misleading, or untrue information provided to ARRIV by third parties, or for the non-delivery of information. In addition, ARRIV is not responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade, or maintenance of our platform or otherwise).
b. Your access and use of ARRIV Exotics are also governed by ARRIV’s U.S. Terms of Use (“Terms”), as well as all other applicable terms, conditions, policies, limitations, and requirements, including, if you rent a car through ARRIV Exotics, the terms and conditions of any Service Providers (defined below) governing that rental. If, and then only to the extent that the Terms or other applicable terms are inconsistent with the ARRIV Exotics Terms, the ARRIV Exotics Terms will control only with respect to ARRIV Exotics. PLEASE READ THE ARRIV EXOTICS TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ARRIV. In the ARRIV Exotics Terms, the words "including" and "include" mean "including but not limited to." Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Terms.
c. By accessing or using ARRIV Exotics, you confirm your agreement to be bound by the ARRIV Exotics Terms. If you do not agree to the ARRIV ExoticsTerms, you may not access or use ARRIV Exotics. ARRIV may immediately terminate these ARRIV Exotics Terms or ARRIV Exotics with respect to you, or generally cease offering or deny access to ARRIV Exotics or any portion thereof, at any time for any reason.
2. ARRIV Exotics
a. ARRIV Exotics provides an online and in-app portal that enables users to search for rental cars and make car rental reservations with third-party providers of rental cars and applicable goods and services (“Service Providers”) through the ARRIV platform. The information displayed on ARRIV Exotics is based on the information provided to us and fulfilled by Service Providers. As such, the Service Providers that market and promote their products or services are fully responsible for updating all rates/fees/prices, availability, policies, conditions, and other relevant information that gets displayed on ARRIV Exotics. Although we will use reasonable skill and care in offering ARRIV Exotics, we will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors, including manifest and typographical errors, any interruptions, repair, upgrade, or maintenance of our platform or otherwise, inaccurate, misleading, or untrue information, nor non-delivery of information. ARRIV Exotics does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, rating, or type of accommodation of any Service Provider or its facilities, venue, vehicles, products, or services made available unless explicitly indicated otherwise. ARRIV Exotics is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g., spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on ARRIV Exotics for any commercial or competitive activity or purpose. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN CAR RENTALS OR REQUEST RENTAL CAR DELIVERY SERVICES THROUGH THE USE OF ARRIV EXOTICS DOES NOT ESTABLISH ARRIV AS A (1) RENTAL CAR COMPANY, (2) A PROVIDER OF TRANSPORTATION, LOGISTICS, OR DELIVERY SERVICES, OR (3) AS A TRANSPORTATION CARRIER. YOU FURTHER ACKNOWLEDGE THAT ALL SUCH CAR RENTAL, TRANSPORTATION, OR LOGISTICS SERVICES ARE PROVIDED BY THIRD-PARTY CAR RENTAL AGENCIES OR THIRD-PARTYPROVIDERS OR THEIR INDEPENDENT OR FRANCHISE OPERATORS WHO ARE NOT EMPLOYED BY ARRIV OR ANY OF ITS AFFILIATES.
b. Service Providers: Service Providers, in their professional conduct of business, may advertise, market, sell, promote, and/or offer, as applicable, cars, goods, and services for rent, through which visitors of the ARRIV Platform can discover, search, compare, and make a reservation. Each Service Provider remains responsible at all times for the accuracy, completeness, and correctness of the information, including the rates, fees, prices, policies, conditions, and availability displayed on ARRIV Exotics. By using ARRIV Exotics, you enter into a direct, legally binding contractual relationship with the Service Provider with which you make a reservation or purchase a product or service. From the point at which you make your reservation, ARRIV acts solely as an intermediary between you and the Service Provider, transmitting the relevant details of your reservation to the Service Provider. ARRIV EXOTICS DOES NOT SELL, RESELL, RENT OUT, OR OFFER ANY CAR RENTAL PRODUCT OR SERVICE. ADDITIONAL TERMS AND CONDITIONS REQUIRED BY SERVICE PROVIDERS WILL APPLY TO YOUR CAR RENTAL RESERVATIONS. Please read the additional terms and conditions carefully. You agree to comply with all terms and conditions imposed by any Service Provider with whom you select to rent a car, including, but not limited to, payment of all amounts when due and compliance with the Service Provider’s rules and restrictions regarding availability, fares, and use of products or services.
c. Access and Use of ARRIV Exotics
1. User Requirements
As a condition of your use of ARRIV Exotics, you warrant that:
you are at least 21 years old, provided that a ‘young driver fee’ may be assessed for users under 25 years old, as determined at the Service Provider’s sole discretion;
you possess a valid driver’s license and will be the primary driver on any rental car you reserve through ARRIV Exotics;
you maintain personal auto insurance in accord with applicable state law that includes coverage for your use of rented vehicles;
you will use ARRIV Exotics in accordance with the Terms;
you will only use ARRIV Exotics to make legitimate reservations for non-commercial and non-rideshare/delivery purposes;
you will only supply information that is true, accurate, current and complete;
you will not authorize third parties to use your Account to access and useARRIV Exotics;
you agree to comply with all applicable laws when accessing or using ARRIV Exotics;
you will only access or use ARRIV Exotics for lawful purposes;
you will not in your access or use of ARRIV Exotics cause nuisance, annoyance, inconvenience, or property damage, whether to Service Providers or any other party.
3. Payment for ARRIV Exotics
In order to book an ARRIV Exotics reservation, you will be required to provide a payment method for the rental car (including optional products and services) at the time of booking. For certain rentals that indicate that prepayment is an available option, you may choose to prepay for the rental car on the ARRIV Exotics website or Invoice app using a method of payment with your Debit or Credit Card. All such prepaid rental car charges and fees, including optional products and services, will be subject to the Service Provider’s standard rental terms and conditions. Any fee disputes or customer service issues for prepaid rental cars may be addressed through the ARRIV Exotics support link in the or with the Service Provider.
Alternatively, you may elect to pay for the rental car with the Service Provider upon car rental return. All such postpaid rental car charges and fees, including optional products and services, will be subject to the Service Provider’s standard rental terms and conditions, and you may address any fee disputes or customer service issues directly with the Service Provider.
3. Refusal, Rejection, Cancellation, or Re-booking of Car Rental or Reservation
At a Service Provider’s sole discretion, a Service Provider may refuse to rent a car, cancel a rental reservation after acceptance, or attempt to arrange alternate scheduling or reservation plans for any reason consistent with the Service Provider’s terms and
conditions. In the event that you dispute any decision made by a Service Provider regarding your car rental, you agree to work directly with the Service Provider to resolve the dispute. ARRIV Exotics has no responsibility or liability for the decisions made by Service Providers.
4. ARRIV Exotics with Valet
a. ARRIV Exotics with Valet enables users to arrange and schedule the delivery and collection of select rental cars to and from a designated address in certain geographic locations in the US with Third Party Providers. The rental car delivery service offered by Third Party Providers is hereinafter referred to as “Valet Car Rental Delivery Service”.
b. Access and Use of the ARRIV Exotics with Valet Platform and Valet Car Rental Delivery Service
User Requirements
As a condition of your use of ARRIV Exotics with Valet, and in addition to the terms in Section 2 above, you warrant that:
you are at least 25 years old;
at least 6 hours before the Valet Car Rental Delivery Service reservation, you will upload a photo of the front and back of your valid driver’s license, provide a payment method which will be charged upon rental return, and complete the Service Provider(s) rental agreement in the ARRIV Exotics Website or redirect website;
you will be present with your driver’s license and mobile phone at the time of the Valet Car Rental Delivery Service reservation;
prior to accepting delivery of a rental car, you will attest that your driver’s license is valid, you will not operate the rental vehicle while impaired, and you will comply with the Service Provider(s) terms and conditions of rental;
prior to accepting and returning the vehicle, you will thoroughly inspect the vehicle and report any damage to ARRIV Exotics or directly to the Service Provider;
you will prepay for Valet Car Rental Delivery Service and if you are unable to be present for the delivery or collection of the rental car, you may be charged a cancellation fee; and
you will return the vehicle through ARRIV Exotics with Valet with a full tank of gas or permit the Service Provider(s) to charge a refueling fee in accordance with the Service Provider(s) terms and conditions.
3. Refusal, Rejection, Cancellation, or Re-booking of Valet Car Rental Delivery Service
At the Third Party Provider’s sole discretion, the Third Party Provider may refuse to complete the Valet Car Rental Delivery Service for any reason. If the Third Party Provider is not able to complete the Valet Car Rental Delivery Service because, for example, the user is not at the delivery location to accept the Valet Car Rental Delivery Service, the Third Party Provider may arrange to return the rental car to the Service Provider. You acknowledge and agree that you may be charged for any costs associated with a delivery failure.
If the Third Party Provider is not able to collect the rental car for return to the Service Provider, you acknowledge and agree that you will return the rental car to the Service Provider location provided in the rental agreement. You acknowledge and agree that you may be charged additional fees in connection with the return of the rental car in accordance with the Service Provider(s) terms and conditions.
4. Valet Car Rental Delivery Notices
The user will receive a message from ARRIV notifying them that a Third Party Provider is en route to deliver or collect the car rental via ARRIV Exotics, and the message will provide them the opportunity to contact the Third Party Provider for Valet Car Rental Delivery Service (the “Valet Car Rental Delivery Notice”). The Valet Car Rental Delivery Notice may be a push notification, SMS message, or email depending on the user’s preferences.
4. Arbitration
BY AGREEING TO THE ARRIV EXOTICS TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE DISPUTES WITH ARRIV ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
5. Privacy
ARRIV Privacy Notice, will apply to our collection, use and processing of your personal data. We will provide Service Providers with the data necessary to enable your use of ARRIV Exotics and/or Valet Car Rental Delivery Service, as applicable, including your location and date of birth. We do not control the privacy and security of your information that may be held by Service Providers or Third Party Providers.
6. Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER
ARRIV EXOTICS WITH VALET IS PROVIDED "AS IS" AND "AS AVAILABLE." ARRIV DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE ARRIV EXOTICS WITH VALET TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ARRIV MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ARRIV EXOTICS WITH VALET OR ANY SERVICES OR GOODS PROVIDED THROUGH ARRIV EXOTICS WITH VALET BY SERVICE PROVIDERS, OR THAT ARRIV EXOTICS WITH VALET WILL BE UNINTERRUPTED OR ERROR-FREE. ARRIV WILL NOT BE RESPONSIBLE FOR ANY INACCURACY RELATING TO THE INFORMATION DISPLAYED ON ARRIV EXOTICS WITH VALET INCLUDING RATES AND AVAILABILITY OF THE SERVICE PROVIDER AS MADE AVAILABLE ON ARRIV EXOTICS WITH VALET. ARRIV DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF ARRIV EXOTICS WITH VALET, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
"TO THE EXTENT PERMITTED BY LAW, NEITHER ARRIV NOR ANY OF OUR DISTRIBUTORS, AFFILIATE (DISTRIBUTION) PARTNERS, LICENSEES, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE ARRIV EXOTICS AND ITS CONTENTS WILL BE LIABLE FOR (I) ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGES, ANY LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, OR LOSS OF CLAIM; (II) ANY INACCURACY RELATING TO THE INFORMATION DISPLAYED ON ARRIV EXOTICS (INCLUDING RATES, AVAILABILITY, AND RATINGS) OF THE SERVICE PROVIDER
AS MADE AVAILABLE ON OUR PLATFORM; (III) THE SERVICES RENDERED OR THE PRODUCTS OFFERED BY THE SERVICE PROVIDER OR OTHER BUSINESS PARTNERS INCLUDING BUT NOT LIMITED TO THE CONDITION OR AVAILABILITY OF RENTAL CARS, GOODS OR SERVICES; (IV) ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSSES, OR COSTS SUFFERED, INCURRED, OR PAID BY YOU, PURSUANT TO, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR DELAY OF ARRIV EXOTICS; OR (V) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER (DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE) DAMAGES, LOSSES, OR COSTS SUFFERED, INCURRED OR PAID BY YOU, WHETHER DUE TO (LEGAL) ACTS, ERRORS, BREACHES, (GROSS) NEGLIGENCE, WILLFUL MISCONDUCT, OMISSIONS, NON-PERFORMANCE, MISREPRESENTATIONS, TORT OR STRICT LIABILITY BY OR WHOLLY OR PARTLY ATTRIBUTABLE TO THE SERVICE PROVIDER OR ANY OF OUR OTHER BUSINESS PARTNERS (INCLUDING ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, OR AFFILIATED COMPANIES) WHOSE PRODUCTS OR SERVICE ARE DIRECTLY OR INDIRECTLY MADE AVAILABLE, OFFERED, OR PROMOTED ON OR THROUGH ARRIV EXOTICS, INCLUDING ANY (PARTIAL) CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR ANY OTHER EVENT BEYOND OUR CONTROL.
b. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, NEITHER ARRIV NOR ANY OF OUR DISTRIBUTORS, AFFILIATES, PARTNERS, LICENSEES, AGENTS, OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE ARRIV EXOTICS AND ITS CONTENTS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE, LOSS OF PRODUCTION, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, LOST DATA, PERSONAL INJURY, PROPERTY OR OTHER DAMAGE, LOSSES OR OTHER COSTS SUFFERED, INCURRED OR PAID BY YOU RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE, INABILITY TO USE, OR DELAY OF ARRIV EXOTICS, REGARDLESS OF THE ACTS, ERRORS, BREACHES, WILLFUL MISCONDUCT, OMISSIONS, NON-PERFORMANCE, MISREPRESENTATION, TORT, STRICT LIABILITY, OR NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF ARRIV OR WHOLLY OR PARTLY ATTRIBUTABLE TO THE SERVICE PROVIDER OR ANY OF OUR OTHER BUSINESS PARTNERS (INCLUDING ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, OR AFFILIATED COMPANIES) WHOSE PRODUCTS OR SERVICES ARE DIRECTLY OR INDIRECTLY MADE AVAILABLE, OFFERED, OR PROMOTED ON OR THROUGH ARRIV EXOTICS, INCLUDING ANY CANCELLATIONS, OVERBOOKING, STRIKE, FORCE MAJEURE, OR ANY OTHER EVENT BEYOND OUR
CONTROL, EVEN IF ARRIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARRIV SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON ARRIV EXOTICS OR YOUR INABILITY TO ACCESS OR USE ARRIV EXOTICS; (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER, (iii) THE CONDITION OF THE RENTAL CAR, PRODUCTS OR SERVICES OFFERED BY SERVICE PROVIDERS, OR (iv) YOUR USE OF ANY RENTAL CAR, PRODUCT OR SERVICE PROCURED USING ARRIV EXOTICS, EVEN IF ARRIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARRIV SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ARRIV'S REASONABLE CONTROL.
YOU ASSUME EXPOSURE TO AND RISK OF ANY LOSS, THEFT, TAMPERING OR DELAY IN YOUR USE OF ARRIV EXOTICS. ANY INSURANCE IN CONNECTION WITH THE CAR RENTAL WILL BE SUBJECT TO THE TERMS AGREED BETWEEN YOU AND THE SERVICE PROVIDER(S).
ARRIV EXOTICS MAY BE USED BY YOU TO REQUEST AND SCHEDULE GOODS OR SERVICES WITH THIRD PARTY SERVICE PROVIDERS, BUT YOU AGREE THAT ARRIV HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES OR PRODUCTS PROVIDED TO YOU BY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE ARRIV EXOTICS TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ARRIV’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON ARRIV’S CHOICE OF LAW PROVISION SET FORTH IN ARRIV’S U.S. TERMS OF USE.
c. Indemnity
You agree to indemnify and hold ARRIV and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of ARRIV Exotics and/or Valet Car Rental Delivery Services, (ii) your use of rental cars or any other goods, services or products (including but not limited to vehicle(s)) obtained from Service Providers through your use of ARRIV Exoticst; (ii) your breach or
violation of any of these ARRIV Exotics Terms; (iii) ARRIV’s use of your User Content; or (iv) your violation of the rights of any third party, including Service Providers and Third Party Providers.
7. Insurance
Possible Limitations on Your Personal Auto Insurance
a. You understand that while you rent a vehicle via ARRIV Exotics your personal automobile insurance policy may not afford liability, comprehensive collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for you. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility to resolve them with your insurer.
b. ARRIV may in its sole discretion, choose to maintain auto insurance related to your use of ARRIV Exotics but it is not required to provide you with any specific coverage for your liability, loss to you or the vehicle, unless we specifically describe it in an addendum to these ARRIV Exotics Terms. We can change, reduce or cancel insurance that is maintained by us, if any, at any time without notice to you or authorization from you.
8. Other Provisions
a. Agreement Changes
ARRIV may in its sole discretion change the ARRIV Exotics Terms or any aspect of ARRIV Exotics, or cancel ARRIV Exotics at any time without notice to you. To the maximum extent permitted by law, your continued use of ARRIV Exotics after the effective date of the revised ARRIV Exotics Terms constitutes your acceptance of the terms. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or the ARRIV Exoticst Terms.
b. General
Terms not expressly provided herein are governed by ARRIV Exotics Terms. You may not assign these ARRIV Exotics Terms without ARRIV’s prior written approval. ARRIV may assign these ARRIV Exotics Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ARRIV equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, ARRIV or any Service Provider as a result of theARRIV Exotics Terms or use of ARRIV Exotics. If any provision of these ARRIV Exotics Terms is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. ARRIV’s failure to enforce any right or provision in these ARRIV
Exotics Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ARRIV in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement referenced in the Terms.