Last Modified: February 17, 2021
In order to access the Website or Application and the services, you represent and warrant that you are at least 18 years old. If you are under 18 years old, then you a re not authorized to use our Website or Application. If you are under the age of 18, please do not attempt to register with us at this Website or Application or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at email@example.com.
ACCESS TO AND USE OF THE WEBSITE, APPLICATION OR THE SERVICES IS LIMITED EXCLUSIVELY TO USERS LOCATED IN THE UNITED STATES. Services are not available to users located outside the United States. Access to the Website or Application may not be legal by certain persons or in certain countries. Accessing the Website, Application or the services from jurisdictions where content is illegal, or where we do not offer services, is prohibited.
We urge all Users (as defined below) to be responsible about their use of this Website or Application and any transaction entered into as a result of obtaining services for a property. We may not own, manage, or be able to contract for, some services listed on the Website or Application. The Website or Application provides an online marketplace to allow property owners and property managers who use the Website or Application (each, a “Member”) to obtain services for the property from our business affiliates (each, a “Service Provider” and, collectively with a member, the “Users”). We also may offer other tools or services to allow Users to communicate with and transmit information to each other.
We are not a party to any service agreement or other agreement between Users. As a result, any part of an actual or potential transaction between a Service Provider and a Member, including the quality, condition, safety or legality of the services advertised, the truth or accuracy of the property registrations or property listings, including the content thereof or any review relating to any Service Provider, the ability of Members to obtain services or the ability of Service Providers to contract with Members are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into one or more separate agreements (i.e., service agreements, home warranty agreements, etc.), waivers or terms and conditions before purchasing a product or service and the Service Provider or one of its affiliates may place additional restrictions on your product or service.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Website or Application. Users further agree that they are responsible for their use of any tool, service or product offered on the Website or Application and any transaction they enter into on the Website or Application or in connection with their use of the Website or Application.
Users further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of a property and the conduct of their business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any transaction and assume no liability for legal or regulatory compliance pertaining to the properties registered or listed on the Website or Application, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
Service Providers who obtain or are provided personal information from Members agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.
While we do take certain measures with a goal to assist Users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to Users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all Users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
You are responsible for maintaining the confidentiality of your Account, username and password, and you must not disclose it to any other person or entity. You agree to accept responsibility for all activities that occur with your permission or authorization under your Account, username and/or password, or because you fail to maintain sufficient security over your Account, username and/or password. You agree to notify ZYYAH immediately of any unauthorized access to or use of your Account, username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER ZYYAH NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH ZYYAH AND OTHER USERS.
When you use the Website, Application or services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that, to the fullest extent permitted by law, (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. ZYYAH may contact you by telephone, mail, or email to verify your Account information. ZYYAH may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Website, Application and the services until you provide the information to us as requested.
By providing your mobile number, you are agreeing to be contacted by or on behalf of ZYYAH (and a Service Provider, as applicable) at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Website, Application and services. Message and data rates may apply. For help, reply to our text with the word HELP. To stop receiving text messages reply to our text with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Website and Application features and certain services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.
The Website and Application contain confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, visualizations, algorithms, screen layouts, application flows, knowledge content, features and functionality, and the design, selection and arrangement thereof are owned by ZYYAH, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
You may not misuse the Website, Application or services. You may use the Website and Application and use or provide, as applicable, the services only as permitted by law. The Content of the Website and Application, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Website and Application may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by ZYYAH. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of ZYYAH without our express written consent. You will not challenge, contest or otherwise take any action inconsistent with ZYYAH’s rights in and to the Content. In the event that any Content is infringed by another person, ZYYAH will assert all rights available by law against that person.
We try to be as accurate as possible when describing the products and services on the Website and Application; however, we do not warrant that the service or product descriptions, colors, information or other content available on the Website or Application are accurate, complete, reliable, current, or error-free. The information presented on or through the Website or Application is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. ZYYAH disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Application, or by anyone who may be informed of any of its contents.
The property information registered or available on the Website and Application are the sole responsibility of the Member (who may be the owner or a property manager or duly authorized agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the property, reviews, listing details or any alleged breaches of contract on a User’s part. We assume no responsibility to verify property listing content or the accuracy of the property registration, including but not limited to any information ZYYAH populates regarding a property from publicly available records and information. Members are solely responsible for ensuring the accuracy of the User Contributions and Service Providers are solely responsible for verifying the accuracy of its descriptions for services offered, and any content received through the Website and Application from Members.
The Website or Application may contain typographical errors or inaccuracies and may not be complete or current. ZYYAH reserves the right to correct any errors, inaccuracies or omissions (including after a service has been requested) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any service requested based on incorrect pricing or availability information. We apologize for any inconvenience.
This Website or Application may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors. 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 ZYYAH, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ZYYAH. ZYYAH and its affiliates are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Website or Application may contain interactive forums, online questions & answers, online customer reviews, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display or transmit to other Users or other persons content or materials (collectively, “User Contributions”) on or through the Website or Application.
ZYYAH will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or Application infringes your copyright, you may request removal of those materials (or access to them) from the Website or Application by submitting written notification to ZYYAH’s agent as designated below (“Copyright Agent”). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature, (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website or Application, a representative list of such works, (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow ZYYAH to locate that material, (d) adequate information by which ZYYAH can contact you (including your name, postal address, telephone number and, if available, e-mail address), (e) include both of the following statements in the body of the DMCA Notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”, and (ii) “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website or Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. ZYYAH will disable and/or terminate the accounts of Users who are repeat infringers.
ZYYAH retains all right, title, and interest in and to the Website and Application, Content, and the services and any information, products, documentation, software, or other materials on the Website and Application, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Website and Application licensed by ZYYAH. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of ZYYAH trademarks, service marks, and logos are strictly prohibited without the prior written permission of ZYYAH. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Website and Application. Nothing contained on the Website and Application should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Website and Application without the written grant thereof by ZYYAH or the third party owner of such trademarks, service marks, or logos. The Website and Application may contain other proprietary notices and copyright information, the terms of which you agree to follow
In the event that you provide comments, suggestions, enhancements or recommendations to the Website, Application, products or services (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the products and services) (collectively, “Feedback“). We always appreciate your Feedback and other suggestions about our products and services; however, you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. In accordance with this, you hereby grant to ZYYAH a world-wide, royalty free, irrevocable, perpetual license to use Feedback for any purpose whatsoever.
ZYYAH is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 9, above (Consent to Receive Calls and Text Messages). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “Contact Us.”
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit ZYYAH products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold ZYYAH and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold ZYYAH and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against ZYYAH or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
ZYYAH does not undertake to review the material before it is posted on the Website or Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, ZYYAH assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. ZYYAH has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
To be a service provider using the Website or Application (for purposes of this Section 22, “Service Provider” or “you”) you represent and warrant that Service Provider is in good standing with the jurisdiction where Service Provider may be licensed or, if applicable, organized, and must agree to comply with all laws, and other rules and regulations applicable to you as a Service Provider or otherwise. Your relationship with a ZYYAH User is directly between you and the User. ZYYAH is not an insurer or financial institution and does not provide insurance or financial products or services. As set forth more fully below, Service Provider is solely responsible for all agreements, consents, notices, and other interactions with Users and other consumers. THE WEBSITE AND APPLICATION ARE NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY AS TO INSURABILITY OR CREDITWORTHINESS OF A USER OR THE APPROPRIATENESS OF A FINANCIAL PRODUCT FOR A USER.
ZYYAH does not provide any insurability or financial advice, legal advice, or representations in any way regarding any legal or financial issues associated with Service Provider, or the goods, or services offered by Service Provider, including but not limited to the financial condition of Service Provider or compliance with any state or federal laws and regulations. Service Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Website or Application or the services offered on the Website or Application in determining Service Provider’s compliance obligations under law. Service Provider and ZYYAH agree that ZYYAH is not providing to Users or anyone else, financial, insurance or legal advice.
Service Provider will use the Website and Application only in accordance with industry standards. While software products such as the Website and Application can facilitate and improve the quality of service that Service Provider can offer consumers, many factors can affect a whether a User selects Service Provider services. Service Provider shall be solely responsible for its use of the Website and Application, and the provision of services to Users by Service Provider. IN THIS REGARD, SERVICE PROVIDER RELEASES ZYYAH, ITS AFFILIATES, AND ITS OR THEIR RESPECTIVE LICENSORS AND WAIVES ANY AND ALL POTENTIAL CLAIMS AGAINST ZYYAH, ITS AFFILIATES, AND ITS OR THEIR RESPECTIVE LICENSORS AS A RESULT OF SERVICE PROVIDER’S USE OF THE WEBSITE AND APPLICATION, AND THE PROVISION OF SERVICES TO USERS BY SERVICE PROVIDER, AND SERVICE PROVIDER AGREES TO DEFEND, INDEMNIFY AND HOLD ZYYAH, ITS AFFILIATES, AND ITS OR THEIR RESPECTIVE LICENSORS HARMLESS FROM ANY CLAIM BY OR ON BEHALF OF ANY USER OF SERVICES BY SERVICE PROVIDER, OR BY OR ON BEHALF OF ANY OTHER THIRD PARTY OR PERSON CLAIMING DAMAGE BY VIRTUE OF A FAMILIAL OR FINANCIAL RELATIONSHIP WITH SUCH USER, WHICH IS BROUGHT AGAINST ZYYAH, REGARDLESS OF THE CAUSE IF SUCH CLAIM ARISES FOR ANY REASON WHATSOEVER, OUT OF SERVICE PROVIDER’S USE OR OPERATION OF THE WEBSITE AND APPLICATION. To the extent applicable, Service Provider will obtain ZYYAH’s prior written consent to any settlement or judgment in which Service Provider agrees to any finding of fault of ZYYAH or defect in the Website and Application. ZYYAH will promptly notify Service Provider in writing of any claim subject to this indemnification, promptly provide Service Provider with the information reasonably required for the defense of the same, and grant to Service Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Website and Application (“Service Provider Content”) or provide any Service Provider Content to Users or other consumers, you agree not to provide any Service Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, (c) contains or transmits a virus or any other harmful component, or (d) violates the Content Standards. Service Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, Users and other consumers. You agree not to contact other Users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to ZYYAH that you have the legal right and authorization to upload all Service Provider Content at the Website and Application. ZYYAH shall have a royalty-free, irrevocable, transferable right and license to use the Service Provider Content however ZYYAH desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Service Provider Content or incorporate such Service Provider Content into any form, medium, or technology throughout the world. ZYYAH is and shall be under no obligation: (i) to maintain any Service Provider Content in confidence; (ii) to pay to you any compensation for any Service Provider Content; or (iii) to respond to any Service Provider Content.
ZYYAH does not regularly review Service Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Service Provider Content submitted to the Website and Application. You grant ZYYAH the right to use the name that you submit in connection with any Service Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Service Provider Content. You are and shall remain solely responsible for the content of any Service Provider Content you post to the Website and Application or provide to Users or other consumers. ZYYAH and its affiliates take no responsibility and assume no liability for any Service Provider Content submitted by you or any third party.
To maintain an active Account with ZYYAH, Service Providers must supply true, correct and complete registration information.
ZYYAH may compensate Service Providers with commissions for services that Members obtain from Service Providers through the Website or Application. The terms of such commissions will be set forth in the ZYYAH Commission Agreement entered into between ZYYAH and such Service Provider. Commissions may be modified or cancelled at any time without notice.
ZYYAH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE AND APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE AND APPLICATION WILL BE CORRECTED. THIS WEBSITE AND APPLICATION, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE AND APPLICATION RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ZYYAH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE OR APPLICATION.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND APPLICATION, WEBSITE AND APPLICATION RELATED SERVICES, AND LINKED WEBSITES. ZYYAH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND OFFERED THROUGH THE WEBSITE AND APPLICATION ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY CONNECTED OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. ZYYAH DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITE AND APPLICATION, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.
IN NO EVENT WILL ZYYAH, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, APPLICATION OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE, APPLICATION, OR SUCH OTHER WEBSITES, INCLUDING 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT ANY ASPECT OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF ZYYAH, AND ITS AFFILIATES TO YOU WITH RESPECT TO THE WEBSITE, APPLICATION, OR SERVICES OR YOUR USE OF THE WEBSITE, APPLICATION, OR SERVICES IS $5.00 (FIVE DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
You and ZYYAH Are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the website or application, will be resolved exclusively and finally by binding arbitration.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you seek arbitration or elect to file a small claim court action, you must first send ZYYAH, by certified mail, a written notice of your claim (a “Notice”) to our General Counsel at ZYYAH, 2701 Sunset Ridge Drive, Suite 302, Rockwall, TX 75032. If ZYYAH initiates the arbitration, it will send such Notice to you in accordance with this section. A Notice, whether sent by you or ZYYAH, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and ZYYAH do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ZYYAH may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You may download or copy of form Notice and a form to initiate arbitration at https://www.adr.org. If you are required to pay a filing fee, after ZYYAH receives the Notice at the address listed above that you have commenced arbitration, ZYYAH will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000, in which event you will be responsible for the filing fees.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of ZYYAH last written settlement offer made before an arbitrator was selected (or if ZYYAH did not make a settlement offer before an arbitrator was selected), then ZYYAH will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
You agree to an arbitration on an individual basis. In any dispute, neither you nor ZYYAH will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
ZYYAH will have no liability for errors, unreliable operation, or other issues resulting from use of the Website or Application on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Website or Application on Modified Devices will be at your sole and exclusive risk and liability.
All feedback, comments, requests for technical support and other communications relating to the Website or Application should be sent to firstname.lastname@example.org except for the notices of copyright infringement claims which should be sent as set forth in Section 16.