Last Updated: August 2020
ACCEPTANCE OF AGREEMENT AND TERM
This Agreement is effective beginning when you accept the Agreement or first download, install, access, or use the Services, and ending when terminated as described in our termination clause.
USER OF ZETA SERVICES
You may not use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Zeta’s Services; (ii) any other party’s use and enjoyment of the Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Application (the “Authorized Device”). You agree to comply with all applicable laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation, any usage rules set forth in the online application store terms of service.
UPDATES TO THE APPLICATION
From time to time, Zeta may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Zeta Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Zeta Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates). Zeta reserves the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.
Zeta reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any or all of the Services without advance notice. All modifications and additions to the Services shall be governed by this Agreement, unless otherwise expressly stated by Zeta in writing. Zeta may, from time to time, modify the Agreement. Please check this Agreement periodically for changes. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to this Agreement materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Services when you log in, and we may require that you accept the modified Agreement in order to continue to use the Services. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Services with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Agreement in effect that the time the dispute arose. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of then-current version of this Agreement.
MEMBERSHIP & ACCOUNTS
To access our Services, you are required to become a member of Zeta. You become a member by creating an online account on our website or via our mobile apps, signing up for our newsletter, reading our blog or utilizing one of our resources.
In order to use the Services, you must create an account (an “Account”) with Zeta. You agree that the information you provide to Zeta on registration and at all other times, will be true, accurate, current, and complete, and that you will keep this information accurate and up-to-date at all times. We also request that you create a password for your Account. You agree not to disclose your password to anyone else, and you also agree you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or Account. We are not liable for any loss or damage from your failure to comply with these requirements.
You hereby authorize Zeta, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and Account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources.
You may not create more than one (1) Zeta Account. Each unique mobile device may not be associated with more than two (2) user Accounts. Users who attempt to associate an excessive number of mobile devices with a single user Account may be deemed to have violated this Agreement to the extent they are deemed by Zeta to have abused the Services, and may be subject to Account suspension or closure.
We reserve the right to modify or discontinue access to your online account or certain interactive features of the website at any time and for any reason, without prior notice to you unless required by law.
While we use industry-standard precautions to protect confidential information on our systems and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception, or error. We cannot guarantee or warrant that any part of the website or our apps, including any links to third-party content, are free of viruses or other harmful code. It is your responsibility to take appropriate precautions, such as through the use of an anti-virus software package, to protect your computer hardware and software.
ACCESS VIA MOBILE DEVICES
You may be able to access and browse our website and our mobile apps via its interactive features through a compatible mobile device. In order to do so, you must have a wireless subscription with a participating carrier or have other network access. You are solely responsible for all service fees and charges from your carrier or network provider, as well as any necessary equipment or software requirements, associated with accessing our website and any of its interactive features through your mobile device.
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Zeta Help Inc.
Zeta is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Zeta app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Zeta app won’t work properly or at all.
You should be aware that there are certain things that Zeta Help Inc. will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Zeta Help Inc. cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Zeta Help Inc. cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Zeta Help Inc. cannot accept responsibility.
With respect to Zeta Help Inc.’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Zeta Help Inc. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Zeta Help Inc. does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
TEXT MESSAGES & VERIFICATIONS
In order to use Zeta’s services, you must provide and verify your email and cellular phone number (or other text message address) to us, and you must expressly consent to receive text messages or emails relating to the Services at that number or address. By providing us with a telephone number for a cellular phone or other wireless device, you agree to receive autodialed and pre-recorded, non-marketing, service-related text messages from or on behalf of Zeta at the phone number provided. You further consent to receiving autodialed and pre-recorded text messages from or on behalf of Zeta at the number provided for marketing or promotional purposes. You understand that consent to marketing-related messages is not a condition of using the Services. To stop receiving marketing-related messages, you may reply STOP to any marketing-related text message you receive from Zeta. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us.
You are responsible for any messaging or data fees you may be charged by your wireless carrier for receiving SMS notifications.
By agreeing to this Agreement, you agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services.
Earning Referral Rewards.
Restrictions and Limitations.
We reserve the right to investigate any suspicious or inappropriate activity relating to the Referral Program. Notwithstanding any provision of these Referral Terms, we are not obligated to pay any Referral Rewards if we determine, in our sole discretion, that (a) the Sign-Up Process completed by a Qualifying Referral is not a bona fide transaction, including, without limitation, if you use a Referral link to register for more than one Zeta Account; or (b) you have engaged in any fraudulent or deceitful behavior in connection with the Referral Program, including, without limitation, if you, directly or indirectly, offer any person a financial or other incentive to complete the Sign-Up Process using your Referral Link or attempt to redirect traffic from, or divert Referral Rewards from, any other participant in the Referral Program. We reserve the right, in our sole discretion, to delay payment of any Referral Rewards while we investigate your participation in the Referral Program or any use of your Referral Links.
The Referral Program is non-exclusive. You acknowledge and agree that we may, at any time, solicit customer referrals via any method in our sole discretion.
Termination or Suspension of Referral Program.
If you have any questions, comments, or concerns regarding these Referral Terms or the Referral Program, please contact us at email@example.com.
OFFERS FOR FINANCIAL PRODUCTS
We may use your Financial Information to generate offers for financial products and services from our marketing partners that may be of interest to you. It is always your choice whether or not to apply for an offered product or service and we will never submit an application for a financial product or service on your behalf without your express consent. We may receive compensation from our marketing partners for promoting their products and services through our Services.
The technology we use to provide you with offers for financial products and services is proprietary and, in finding those offers for you, we may elect to consider, ignore, emphasize, or de-emphasize relevant factors in our sole discretion. We do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer.
You have the option to opt-into giving us a monthly recurring tip under your sole discretion. Your decision to opt-into giving us a tip has no impact on your ability to use Zeta’s features.
Tip Amount. The tip amount is selected by you based on several options disclosed in our web and mobile apps. We may debit the Tip on a monthly basis from your Bank Account pursuant to your ACH authorization provided below. Tips are non-refundable, except as otherwise required by applicable law. We may change the debit date of the Tip from time to time at our sole discretion.
We try to avoid overdrafts but, despite our efforts, a tip may cause an overdraft in your Bank Account and your bank may charge you an overdraft or insufficient funds fee. Such fees are retained by your bank; we do not receive any portion of such fees. If you are charged such a fee, please let us know.
You acknowledge that the electronic authorization contained in this section represents your written authorization for ACH debit transactions as provided in this section and will remain in full force and effect until you notify Zeta that you wish to revoke this debit authorization in one of two ways:
turning off tips in the App, or
contacting us via email at firstname.lastname@example.org.
You must notify us that you are exercising your right to stop a debit or revoke your authorization for automatic debits at least 3 banking days before the next scheduled debit date. Similarly, if you turn off automatic savings, that change in your settings may not take effect or stop a pending debit transaction for up to 3 banking days. If you turn off automatic savings or notify us that you are revoking this debit authorization, but you do so less than 3 banking days before the next scheduled debit date, we may nonetheless attempt, in our sole discretion, to cancel that scheduled debit transaction. However, we assume no responsibility for our failure to do so.
In addition, by agreeing to these Terms, you authorize Zeta to electronically debit your Bank Account via ACH as follows:
Amount of Debits: tip amount you have selected
Frequency of Debits: once a month
You agree to cooperate with us in correcting errors that may occur as part of the Services. If you receive funds or a credit in an amount greater than what you are entitled to receive under the Services and these Terms, then you agree to immediately return and pay such excess amount to us. You agree that we and our agents may reverse, withdraw or cancel any debit, transaction or item that provided you with funds in error. You agree that an error occurred if we or our agents send any funds to you after we receive evidence indicating that you defrauded us or provided us or our agents with false information. You agree that we may initiate a new ACH debit to your Bank Account in an amount equal to such overpayment plus the amount of expenses we incurred in recovering such overpayment, including the amount of your obligations, if any, under the “Indemnity” provision below.
In addition to any of your other representations and warranties in these Terms, you represent that: (i) your browser is equipped with at least 128-bit security encryption; (ii) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (iii) the ACH transactions you hereby authorize comply with applicable law; and (iv) your email address on record with us is yours and that email address is accurate and up-to-date.
REGISTERED INVESTMENT ADVISOR
Zeta is NOT a registered investment adviser. We are not providing investment advisory services to you through the content we provide on our website or in the use of our online tool.
THIRD-PARTY SITES AND CONTENT
We may refer you through our website to entities or websites that we do not own or operate. We do not control and are not responsible for these third parties, their content, or any financial or other products, services, or tools available through them.
RELIANCE ON INFORMATION POSTED
The content provided on this website is solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information to your own specific financial circumstances. Any reliance on this information is strictly at your own risk.
NO LEGAL OR TAX ADVICE
The content provided on this website is not written or intended as specific tax or legal advice, and may not be relied on for purposes of avoiding any Federal tax penalties. Zeta does not give tax or legal advice. You are encouraged to seek advice about your specific circumstances from your own tax or legal professional.
PERMISSIBLE USE OF WEBSITE AND INTERACTIVE FEATURES
Our website and our web and mobile apps, along with all of their content and interactive features, are owned by Zeta or licensed from third-party licensors, and are protected by copyright, trademark, or other intellectual property laws of the United States.
You can use Zeta for your personal, non- commercial use only and may download or print a copy of the information contained on the website for lawful, personal, non- commercial use only.
Any copies of information from the website or our apps that you use for permissible purposes must retain all copyright and other proprietary notices contained on the materials. You also may link to content on our website or our apps, provided you do so in a way that is fair and legal, properly identifies the source of the content, does not damage our reputation, and does not create an impression of any form of affiliation, approval, or endorsement on our part. Otherwise, any other copying, republication, reproduction, or posting of graphics, text, or other content from the website is expressly prohibited without our prior written permission. You can request permission at email@example.com.
USER GENERAL CONTENT AND LICENSE GRANT
Our website and mobile apps include functionality that allows you and other users to post publicly viewable comments to and communicate about our content. In addition, we use Zeta-branded social media pages, on sites such as Pinterest, Facebook, Twitter, and Instagram, to promote and share company developments, news, and other content. By posting comments and other content to our website’s message boards or on our social media pages, you represent and warrant that you own all rights, title, and interest in the content you post, or have express permission from the owner to copy and use such content for all purposes. We do not control and are not responsible for content posted by you or any other third party on our website’s message boards or on our social media pages and cannot guarantee the accuracy, integrity, quality, or appropriateness of any such content. Any content that you post is publicly accessible and is not subject to the provisions of our Privacy Notice.
By posting content to our website or social media pages, you grant Zeta the worldwide, royalty-free, perpetual, nonexclusive, and irrevocable right and license to reproduce, display, distribute, adapt, and create derivative works from any such content for any purpose and in any medium. We exclusively own all rights, title, and interest in any derivative works created by or on behalf of us that incorporate or make use of content you post to our website or social media pages, and do not give you any further right to inspect or approve our use of such content or to be compensated for any such use.
We reserve the right at our sole discretion to monitor, refuse, or remove any content posted by you or any third party to our website’s message boards or social media pages for any reason, without notice. It is our policy to terminate any online account of any user who repeatedly infringes the copyrights of others.
The following is a partial list of the types of content that are prohibited on our website and social media pages. You agree that you will not post any content that:
includes any personal or confidential information
is defamatory, abusive, obscene, profane, or offensive;
is inaccurate, false, or misleading in any way;
is off-topic, repetitive, or constitutes spam posts;
disparages or criticizes any person or entity;
infringes or violates another person's intellectual property rights;
violates any person’s right of publicity or right of privacy;
is threatening, harassing, or promotes racism, bigotry, hatred, or physical harm of any kind
against any group or individual;
is illegal or promotes any illegal activities; or
contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
By using the Services, you agree that you will not:
breach this Agreement or any other agreement between you and Zeta or violate any Zeta policy;
access or use any part of the Services for any non-personal, commercial purpose;
access or use the Services for any illegal purpose or violate any law, statute, ordinance, or regulation;
attempt to gain unauthorized access to any other user’s Account;
modify or attempt to modify or in any way tamper with, circumvent, disable, damage or otherwise interfere with the Services;
access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights; or
provide false, inaccurate or misleading information;
modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
copy, distribute, transfer, sell or license all or part of the Services;
transfer the Application to, or use the Application on, a device other than the Authorized Device;
use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on our website;
take any action to circumvent, compromise or defeat any security measures implemented in the Services;
use the Services to access, copy, transfer, retransmit or transcode information, Zeta logos, marks, names or designs or any other content in violation of any law or third party rights;
(o) remove, obscure, or alter Zeta’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services;
transmit any file that contains viruses, worms, Trojan horses, or any other destructive features, or that otherwise interferes with the proper working of the website; or
attempt to decompile or reverse-engineer any of the software or other technology underlying the website or any of its interactive features.
CLOSING YOUR ONLINE ACCOUNT
Without limiting other remedies, Zeta may immediately terminate or suspend your access to and/or use of the Zeta Services and remove, subject to any regulatory retention requirements, any material from the Services or our servers, in the event that you breach this Agreement. Notwithstanding the foregoing, we also reserve the right to terminate, limit or suspend your access to or use of the Zeta Services at any time and for any reason or no reason, including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Zeta or any third party; or (ii) in connection with any general discontinuation of the Services. We also reserve the right to modify the Services at any time without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or revocation of your access to or use of the Services.
You may terminate acceptance of this Agreement at any time by permanently deleting the Application in its entirety from the Authorized Device, whereupon (and without notice from Zeta) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of this Agreement, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the Application from the Authorized Device.
COPYRIGHT NOTICE Zeta respects the intellectual property rights of others and expects you to do the same. Accordingly, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (designated below).
In accordance with the Digital Millennium Copyright Act of 1998, (17 U.S.C. § 512) (“DMCA”) the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, the written notice (the “DMCA Notice”) must include substantially the following:
your full legal name, telephone number, and email address;
physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
a statement by that you have a good faith belief that the disputed use has not been authorized by the copyright owner, its agent, or the law;
a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
Please send your DMCA Notice to firstname.lastname@example.org
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 Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
DISCLAIMERS OF WARRANTIES THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS REQUIRED BY LAW, ZETA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, ZETA DOES NOT WARRANT THAT: (1) THE INFORMATION PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE CORRECT, ACCURATE, UP-TO-DATE, OR RELIABLE; (2) THE SERVICES BE UNINTERRUPTED OR ERROR-FREE; (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED BY OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (4) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE INDEMNIFIED PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE INDEMNIFIED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE WHERE SUCH DAMAGES RESULT FROM: (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, OR (ii) ANY PURCHASE OF A THIRD PARTY PRODUCT OR SERVICE BASED ON INFORMATION CONTAINED IN THE ZETA SERVICES, INCLUDING THE AVAILABILITY OF A COUPON. YOU SPECIFICALLY ACKNOWLEDGE THAT THE INDEMNIFIED PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 21 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute between you and Zeta arising out of or relating to this Agreement or the Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law. Except as otherwise required by applicable law, the Agreement and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Zeta, you agree to try to resolve the Dispute informally by contacting email@example.com. We will try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Zeta may bring a formal proceeding.
We Both Agree To Arbitrate. You and Zeta agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting firstname.lastname@example.org within 30 days of first accepting this Agreement and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. Arbitration will be handled by a sole arbitrator in accordance with those rules. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees. The AAA rules will govern payment of all arbitration fees. If the value of your claim does not exceed $10,000, Zeta will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Exceptions to Agreement to Arbitrate. Either you or Zeta may assert claims, if they qualify, in small claims court in San Francisco, California, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve Disputes with Zeta on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement. (i) Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Zeta agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Zeta consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us via email or chat. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
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The Zeta Joint Card and Joint Account is offered by Radius Bank, Member FDIC. Zeta Help Inc. is a service provider of the issuing bank. All deposit accounts of the same ownership and/or vesting held at the issuing bank are combined and insured under an FDIC Certificate, up to $500,000. The Zeta Joint Debit Card, provided by MasterCard, may be used everywhere where MasterCard Debit Cards are accepted.