ZenMeIn Terms and Conditions
These ZenMeIn Terms and Conditions (this “Agreement”) apply to your use as a Member of: (1) the ZenMeIn website at http://www.ZenMeIn.com and all affiliated websites owned and operated solely by ZenMeIn Corporation (collectively, the “ZenMeIn Site”), (2) the appointment booking engine made available by ZenMeIn through the ZenMeIn Site and the ZenMeIn-branded application for smartphone devices (collectively, the “ZenMeIn Application”), and any other online properties of ZenMeIn (the “ZenMeIn BookingEngine”) as described in Part I below, (3) the payment for services made available by ZenMeIn Professionals through the ZenMeIn Application (the “ZenMeIn Payment Services”), as described in Part II below, (4) any other services or features made available to ZenMeIn Members through the ZenMeIn Site or the ZenMeIn Application. Together, the items in(1) through (4) are the “ZenMeIn Member Services”.
In this Agreement, “ZenMeIn” and “we” mean ZenMeIn Corporation, , a Florida Corporation and “ZenMeIn Member” and “you”mean any person using the ZenMeIn Member Services to receive beauty and spa services from ZenMeIn Professionals (“ZenMeIn Professionals”) through the ZenMeIn Site and ZenMeIn Application.
ZenMeIn may update or revise this Agreement from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the ZenMeIn Member Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the ZenMeIn Member Services, in which case you will no longer have access to the ZenMeIn Member Services or your ZenMeIn Member Account (as defined below). Except as otherwise expressly stated by ZenMeIn, any use of the ZenMeIn Member Services is subject to the version of this Agreement in effect at the time of use.
By accessing or using the ZenMeIn Member Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the ZenMeIn Member Services.
Accounts and membership
You must be at least 18 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material (collectively, "Content") that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.
Third party services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against ZenMeIn Corporation with respect to such other services. ZenMeIn Corporation is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting ZenMeIn Corporation to disclose your data as necessary to facilitate the use or enablement of such other service.
We are not responsible for the Content residing on the Services. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be "affiliate links". This means if you click on the link and purchase an item, ZenMeIn Corporation will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by ZenMeIn Corporation or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with ZenMeIn Corporation. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of ZenMeIn Corporation or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of ZenMeIn Corporation or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will ZenMeIn Corporation, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of ZenMeIn Corporation and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to ZenMeIn Corporation for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold ZenMeIn Corporation and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Florida, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Florida, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Services. When we do, we will revise the updated date at the bottom of this page. Continued use of the Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.
PARTI – ZenMeIn BOOKING ENGINE
1) ZenMeIn provides the ZenMeIn Booking Engine to ZenMeIn Members for the purpose of assisting ZenMeIn Members in securing ZenMeIn Professionals to provide beauty and fitness services. In response to a ZenMeIn Member’s request to book a ZenMeIn Professional through the ZenMeIn Site or ZenMeIn Application, ZenMeIn directly notifies the ZenMeIn Professional of the ZenMeIn Member’s booking request through the ZenMeIn Booking Engine. A ZenMeIn Professional may accept or reject a ZenMeIn Member’s booking request in his or her sole discretion. ZenMeIn Professionals at no time shall be required to accept a ZenMeIn Member’s booking request.
2) Each ZenMeIn Professional shall be free in his or her sole discretion to determine at what times and on what dates a ZenMeIn Professional shall make himself or herself available on the ZenMeIn Booking Engine to accept booking requests from ZenMeIn Members.
PART II - PAYMENT TERMS
3) In order to use the ZenMeIn Payment Services, you must provide credit card or debit card information for at least one operational and valid credit card or debit card through the ZenMeIn Application. You may add, delete, and edit the credit card or debit card information you have provided from time to time through the ZenMeIn Application.
4) Upon the ZenMeIn Professional’s confirmation to ZenMeIn that an appointment with a ZenMeIn Member has been completed the ZenMeIn Member’s credit card or debit card is immediately charged in full for the service.
5) In the event a ZenMeIn Member desires to cancel an appointment, such cancellation will be at NO charge to the ZenMeIn Member if cancelled before the seventy-two (72) hours of a confirmed booking date/time. If a ZenMeIn Member cancels after the seventy-two (72) to forty-eight (48) hour period before a confirmed booking the ZenMeIn member will be charged 50% of the total cost of the services as a cancellation fee. If a ZenMeIn Member cancels after the twenty-four (24) hour period before a confirmed booking the ZenMeIn member will be charged 100% of the total cost of the services as a cancellation fee.
PART III - GENERAL TERMS
8) You are required to create a ZenMeIn Member account with ZenMeIn through the ZenMeIn Site or ZenMeIn Application (“ZenMeIn Member Account”) in order to receive services from ZenMeIn Professionals. When registering for a ZenMeIn Member Account, you must provide true, accurate, current, and complete data about yourself (“ZenMeIn Member Registration Data”). You also agree to promptly update the ZenMeIn Member Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your ZenMeIn Member Account and the information in your ZenMeIn Member Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your ZenMeIn Member Account, whether or not authorized by you. You agree to immediately notify ZenMeIn of any unauthorized use of your ZenMeIn Member Account or any other breach of security related to your use of the ZenMeIn Services.
10) Use of the ZenMeIn Member Services requires Internet access through your mobile device. You are responsible for all mobile carrier charges resulting from your use of the ZenMeIn Member Services, including from any notifications provided by the ZenMeIn Services. ZenMeIn does not guarantee that the ZenMeIn Member Services will be compatible with all devices or will be supported by all mobile carriers.
11) ZenMeIn reserves the right, in its sole discretion, to modify the ZenMeIn Member Services and the pricing structure for the provision of such services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the ZenMeIn Site and ZenMeIn Application. ZenMeIn shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the ZenMeIn Member Services. Continued use of the ZenMeIn Member Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the ZenMeIn Member Services, including the pricing structure in relation thereto.
12) The features, information, and materials provided and depicted through the ZenMeIn Member Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the ZenMeIn Member Services (collectively, the “ZenMeIn Content”) are provided to ZenMeIn Members by ZenMeIn solely to support the ZenMeIn Member’s permitted use of the ZenMeIn Member Services. The ZenMeIn Content maybe modified from time to time by ZenMeIn in its sole discretion. Except as expressly set forth herein, no license is granted to ZenMeIn Members for any other purpose, and any other use of the ZenMeIn Members Services or the ZenMeIn Content by ZenMeIn Members shall constitute a material breach of this Agreement. ZenMeIn retains all rights in the ZenMeIn Members Services and ZenMeIn Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of ZenMeIn or any third party is granted under this Agreement.
13) Subject to the terms and conditions of this Agreement, ZenMeIn grants ZenMeIn Members anon-exclusive, non-transferable, revocable license to use the ZenMeIn Application, in object code form only, on a ZenMeIn Member’s compatible mobile devices, solely to support the ZenMeIn Member’s permitted use of the ZenMeIn Member Services.
14) The ZenMeIn Member Services and ZenMeIn Content are offered solely for ZenMeIn Member’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. ZenMeIn expressly reserves all its rights and remedies under applicable state and federal laws. ZenMeIn reserves the right, in its sole discretion, to refuse service, terminate ZenMeIn Member Accounts, remove or edit content, cancel bookings, or deny access to the ZenMeIn Member Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the ZenMeIn Member Services or copy any ZenMeIn Content, except as expressly authorized by ZenMeIn; (2) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the ZenMeIn Member Services; (3) use the ZenMeIn Member Services or ZenMeIn Content for any illegal purpose; or (4) publicly disseminate information regarding the performance of the ZenMeIn Member Services or ZenMeIn Content.
15) ZenMeIn may suspend your ability to use all or any element of the ZenMeIn Member Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, ZenMeIn may suspend your access to the ZenMeIn Member Services if we believe you to be in violation of any part of this Agreement. After any suspension or termination, you may or may not be granted permission to use the ZenMeIn Member Services or re-establish a ZenMeIn Member Account. You agree that ZenMeIn shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the ZenMeIn Member Services at any time. You understand that any termination of your ZenMeIn Member Account may involve deletion of any content stored in your ZenMeIn Member Account for which ZenMeIn will have no liability whatsoever.
16) You represent and warrant: (1) the accuracy and truthfulness of all information you provide to ZenMeIn for uploading to the ZenMeIn Site and ZenMeIn Application or otherwise, and (2) no information you upload to the ZenMeIn Site or ZenMeIn Application shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at ZenMeIn request) defend ZenMeIn, and its representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “ZenMeIn Parties”) from and against all claims, injuries, illnesses, damages and liabilities (“Claims”) resulting from (1) your use of the ZenMeIn Member Services, (2) any Claim made by a ZenMeIn Professional against the ZenMeIn Parties arising out of or relating to the acts or omissions of a ZenMeIn Member receiving beauty and fitness services from a ZenMeIn Professional, or (3) any breach or alleged breach by you of this Agreement.
17) TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL THE ZENMEIN PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE ZENMEIN MEMBER SERVICES BY THE ZENMEIN MEMBER (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE ZENMEIN BOOKING ENGINE), OR (4) A ZENMEIN PROFESSIONAL’S ACTS OR OMISSIONS AT A ZENMEIN MEMBER’S RESIDENCE OR OTHER LOCATION WHETHER RELATED TO THE ZENMEIN PROFESSIONAL’S PROVISION OF BEAUTY AND FITNESS SERVICES TO A ZENMEIN MEMBER OR OTHERWISE.
18) ZENMEIN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED IN RESPECT OF THE ZENMEIN MEMBER SERVICES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTYAS TO THE INFORMATION PROVIDED ABOUT ZENMEIN PROFESSIONALS AND THE ACTS OROMISSIONS OF ZENMEIN PROFESSIONALS.
19) THE QUALITY OF THE ZENMEIN PROFESSIONAL SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE ZENMEIN PROFESSIONAL WHO PROVIDES SUCH BEAUTY AND FITNESS SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICES OF A ZENMEIN PROFESSIONAL, YOU MAY BE EXPOSED TO BEAUTY AND FITNESS SERVICES THAT ARE POTENTIALLY DANGEROUS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOUR USE OF THE ZENMEIN MEMBER SERVICES AND BOOKING OF A ZENMEIN PROFESSIONAL IS AT YOUR OWN RISK.
20) YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY ZENMEIN OR BY ANY ZENMEIN PROFESSIONAL TO YOU IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW.
21) ALTHOUGH ZENMEIN PROVIDES INFORMATION ABOUT ZENMEIN PROFESSIONALS, ZENMEIN DOES NOT PROVIDE THE SERVICES RENDERED BY ZENMEIN PROFESSIONALS. ZENMEIN REQUESTS BACKGROUND INFORMATION OF ITS ZENMEIN PROFESSIONALS, BUT ZENMEIN DOES NOT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION-GATHERING OR THAT A PARTICULAR ZENMEIN PROFESSIONAL IS ADEQUATELY QUALIFIED TO PERFORM ANY GIVEN SERVICE.
22) THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
23) You and ZenMeIn understand and agree that the disclaimers, exclusions, and limitations set forth herein are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that ZenMeIn would be unable to make the ZenMeIn Member Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
24) If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
25) This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by ZenMeIn Members, but may be freely transferred, assigned, or delegated by ZenMeIn.
26) Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
27.) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and ZenMeIn shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and ZenMeIn must abide by the following rules:(1) ANY CLAIMS BROUGHT BY YOU OR ZENMEIN MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, ZenMeIn will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) ZenMeIn also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or ZenMeIn may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York City, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York City, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York City, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor ZenMeIn shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in New York City, New York.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
28) This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Florida, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]
This document was last updated on March 21, 2021