Terms of Service


THIS TERMS OF SERVICE CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.  UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ZUBY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

 

This User Agreement (“Agreement”) is a contract between you and Zuby Holding, Inc. (the “Company”) and applies to your use of products and services and any other features, technologies, and functionalities offered by the Company on its website www.getzuby.com, mobile application or through any other means (the “Services”.) If you do not completely agree to these Terms of Service then you must not use any of the Services.

The Services allow for landlords, property managers, tenants, and service providers to connect to each other for purposes of online property management. The Services include the ability for landlords, property managers, and tenants to purchase background check reports, insurance products, legal documents and rent estimate reports via our third-party partner providers, as well as pay and collect rent online. The Services also allows landlords and tenants to submit requests to be contacted by service providers in their area, including but not limited to plumbers, electricians, cleaners, handymen, realtors, locksmiths, and movers. You agree to comply with all applicable third-party provider terms. Those terms may be supplied to you directly by the third-party providers via their website or other communication. The Company is, from time to time, required to provide your client contact details to third party providers to the extent that they need such details in order to enable them to execute their contractual responsibilities. The Company is not a party to those contracts and has no responsibility for the products or services provided by third parties.

  1. Paying your rent with the Services from your bank account (via the ACH network) is currently free. The Services are currently free for landlords: there is no charge to receive rent payments. If the Company ever changes its fees or introduces new features that have additional fees, you will be notified first via email or the site. If you do not want to pay the new fees, you can cancel service anytime. You are responsible for all taxes associated with the Services.
  2. Landlords, property management, and tenants are each limited to five (5) bank accounts that can be connected to the Zuby Platform (the “Platform”.)  Furthermore, both parties can change their bank account info (i.e., add or drop an account) four (4) times during a calendar month.  Both parties are allowed a maximum of twenty (20) “Active Properties” on the Platform. These limits may change from time to time in the Company’s sole discretion. 
  3. The Company uses Dwolla to execute online payment transactions. In order to use the payment functionality of the Services, you must open a "Dwolla Platform" account provided by Dwolla and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service, available at https://www.dwolla.com/legal/tos/. You authorize the Company to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through the Company’s application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity and can be reached at www.getzuby.com/support and/or support@getzuby.com.
  4. By providing the Company with your banking, credit/debit card, or other payment information, you authorize the Company to use it and disclose it to Dwolla, Stripe, or any other payment provider payment processing transaction you authorize on the Services. Payment providers may aggregate your information for other purposes as well, but only in ways that do not identify you personally.  Payment providers may only disclose your personal information when necessary to comply with the law.
  5. To the extent you have received payment for goods or services through the platform (“Payee”) from or on behalf of a Renter, Landlord or other party (“Payor”), the amount of a transaction may be charged back or reversed to Payee’s payment account (a "Chargeback") if the transaction (a) is disputed by the Payor, (b) is reversed for any reason, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of these Terms of Service. Payee owes Zuby and will immediately pay Zuby the amount of any Chargeback and any associated fees, fines, or penalties assessed by any processing financial institutions, or MasterCard, Visa, American Express, Discover and other payment card networks, associations, or companies. The time needed for online payment processing and transfers, business holidays, and other circumstances that can affect the timing of payments should be considered when using the Services. The Company is not responsible for any lost or delayed payment and will not be involved in any dispute thereof.     
  6. The Company never takes custody of money you transfer using the Services, and is not responsible for what recipients do with the payments you make. If a payor or payor’s bank or card issuer initiates a reversal, chargeback, or dispute of a payment made to you, you authorize the Company to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. In the event the Company is unable to reverse or otherwise debit funds from your account, you agree promptly to deposit such funds upon request. The Company reserves the right to charge the payor’s account a $10 penalty for any failed payment due to non-sufficient funds. The Company also reserves the right to initiate a reversal or other debit, or take other actions the Company determines to be appropriate, if believed fraud or other abuse of the Services has occurred.
  7. Provider(s) may initiate ACH debits and credits to your bank account on file, and/or remotely create a check against your bank account on file. You understand and agree that your bank account on file will be charged in the payment amount designated by you, plus any applicable fees. Zuby will not be liable, and does not accept liability for, any late fees or penalties charged to you as a result of: (a) your lack of sufficient funds or any actions or inactions of third parties, including any decision by your bank or other payment provider not to pay your rent; (b) your failure to provide Zuby with an accurate, current and complete address for your Landlord; (c) any wrongful fees or penalties charged to you by your Landlord; or (d) any act, event or occurrence beyond Zuby reasonable control.
  8. You must notify us immediately if you suspect or believe that a transaction has occurred through the Services that you did not authorize or if you believe an incorrect amount was authorized. You may contact us at support@getzuby.com. If your periodic statement provided by your financial institution shows payments you did not make, tell us right away. If you do not tell us within 90 days after the statement or history was transmitted or made available to you, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period. If you initially provide information to us by telephone, we may require that you send your complaint or question in writing within 10 business days. You will be asked and are required to provide us with the following information: your name; the email address registered for this feature; a description (including dollar amount) of the transfer you are unsure about; an explanation of why you believe it is an error or why you need more information; a reference/transaction ID; an explanation why you believe there was an unauthorized transaction or error; and any other information we reasonably request. We will determine whether an error occurred within 15 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question.
  9. The Services may make recommendations for third party contractors and/or service providers that may respond to any maintenance and/or service requests.  Users, in their sole discretion, may elect to hire a service provider
  10. If you dispute any charges by a Renter, Landlord and/or Service Provider, you must contact the applicable party directly
  11. The Company allows landlords to request a credit report and/or a background check report from prospective tenants using the Services. When a landlord makes such a request, the Company will give the prospective tenant the option to order a single-use copy of his or her credit report and/or background check report and to share it with the requesting landlord. To provide this portion of the Services, the Company may ask for your Social Security Number and other personally identifying information (such as information about other creditors you have had), which will be shared with third-party credit reporting agency for the purposes of preparing and sharing reports and verifying your identity. The Company will not store (except than on a temporary basis) or use for any other purpose.
  12. If you are a landlord requesting a credit report or a background check report from a prospective tenant, you certify that you are making such request, and will use such report, for the purpose of your own evaluation of the prospective tenant in connection with that tenant’s rental application and for no other purpose. If you are a tenant ordering a credit report or background check report, you certify that you are ordering such report, and will use such report, for the purpose of furnishing the report to a prospective landlord in connection with your rental application and for no other purpose. You agree not to share any credit report or background check report obtained through the Company with anyone other than as allowed using the sharing mechanism furnished by the Services
  13. Credit-report and background check-report functionality is provided by third-party credit reporting agencies and may not be available for all users or at all times for various reasons, including reasons beyond the Company’s control. If you are unable to order, share, request, or view a credit report or background check report using the Services, you should contact the person requesting or being asked to provide the report via the contact information he or she has listed on the Company’s Services to discuss the matter directly. You may also contact the Company at support@getzuby.com for assistance.
  14. The Company is not a credit bureau and does not control the contents of credit reports, including reports obtained through the Services. The Company is NOT responsible for the contents of any credit report or background check report or any credit score, whether correct or incorrect. Credit reports and background check reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it.
  15. If you are a landlord requesting or accepting credit reports or background check reports, you specifically agree to familiarize yourself and comply with the Fair Credit Reporting Act and any applicable state laws governing the use of consumer reports. To the extent you rely in any way on the contents of a report in taking an adverse action against an applicant (such as denying an application or requiring a co-signer or higher deposit), you are required to furnish the applicant with an adverse action notice, even if the contents of the report played only a small role in your decision.
  16. The Company will use third-party identity verification services to help ensure that users are who they say they are prior to enabling certain features of the Services, such as electronic payments and the ordering and requesting of credit reports. The Company will connect landlords, property managers, and tenants only after each party enters the other’s personal contact information (ex. email) then verified by both parties. However, the Company neither controls nor guarantees the accuracy of any identity verification service, so you should always take the same precautions in dealing with others through our site that you would in person.
  17. The Company is not a real estate agent or broker. The Company does not screen properties or listings or offer any guaranty or advice regarding the suitability of properties, landlords, or potential tenants. No communication from the Company should be construed as such advice, and you agree not to rely on the Company in making decisions.
  18. The Services are designed to make communication between landlords and prospective tenants easier; neither they nor any other aspect of the Services are intended to create any kind of contract or other legal obligation between a landlord and a prospective tenant (or between anyone else.) unless expressly stated and agreed upon in writing by all parties.
  19. You must be 18 years old to use the Services.
  20. You must be a resident of the United States of America.
  21. Your account may only be used by one person. A single account shared by more than one person is not permitted.
  22. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  23. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (collectively referred to as, “upload”) or email or otherwise use via the Services. You may not post anything on Zuby that contains or links to viruses, malware, or anything we may deem as malicious. Zuby reserves the right to investigate and take appropriate legal action against anyone who, in Zuby’s sole discretion, violates this provision, including removing the offending content from the Services, suspending or terminating the member account of such violators and reporting you to the law enforcement authorities. The following are examples of the kind of content and/or use that is illegal or prohibited by Zuby.
  24. Use of the Services does not give you ownership of any intellectual property rights in the Services or any content posted via the Services. You are responsible for what you post on the Services, but you grant the Company a license to copy, host, display, create derivative works from, publish, publicly perform, display, and distribute, and otherwise make use of in connection with providing the Services, all information and content you post so long as you have an active account. If you are a landlord and authorize the Company (by checking the appropriate box or boxes on our site) to syndicate your rental listing on third-party sites, you further agree that we may grant sublicenses to applicable third parties as necessary to facilitate such syndication.
  25. You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. You are also responsible for keeping your mobile cellular device phone number and email address up to date, so you can receive important notices from the Company.
  26. Your account may only be used by one person. A single account shared by more than one person is not permitted.
  27. You are responsible for keeping your password and account secure.
  28. You are responsible for the accuracy of everything that is posted or submitted under your account.
  29. The Company is not responsible for the accuracy of anything another user posts or submits to the Services.
  30. The Company is not responsible for the conduct of users on or off the site.
  31. You may not use the Services for any illegal purpose. You may not, in using the Services, violate any laws in your jurisdiction or of the Company’s, or infringe the rights of anyone (including the Company’s third-party providers). You may not use the Services as part of any fraudulent scheme or transaction. If the Company has reason to suspect your account has been used for an unauthorized or unlawful purpose, you agree that the Company may share information about you, your account, and any of your transactions with law enforcement.
  32. If you are a landlord, you agree that you are familiar with all applicable fair-housing and anti-discrimination laws and that you will adhere to them. You also agree that the contents of any listings you post on or link to on the Services will be accurate and not misleading.
  33. Only landlords and their authorized property managers may set up or use landlord accounts, post rental listings, or accept applications via the Services. Third-party brokers (and anyone else not specifically authorized to accept and evaluate rental property applications on behalf of a property owner) may NOT use any of the Services for landlords. Deceptively posing as a landlord or authorized property manager in order to obtain leads or other personal information about tenants may constitute a criminal offense.
  34. Only actual tenants and prospective tenants may set up or use tenant accounts. Landlords, brokers, and other third parties may not submit rental applications on behalf of prospective tenants and may not configure, authorize, or initiate rent payments, credit or background check report orders, or other transactions on behalf of tenants or prospective tenants, even if the tenant or prospective tenant has given their permission.
  35. You may not abuse, harass, threaten, impersonate, or intimidate other Company customers.
  36. If you violate any of the Terms of Service, the Company reserves the right to terminate your account without notice.
  37. The Company reserves the right to modify or terminate the Services for any reason, without notice, at any time.
  38. The Company reserves the right to alter the Terms of Service at any time. You will be notified on the site or via email of important changes. You’re free to cancel or discontinue using the Services at any time without penalty. Your continued use of the Services following a change to these Terms of Service constitutes acceptance of the change.
  39. The Company reserves the right to refuse service to anyone for any reason, and likewise to suspend or discontinue your use of the Services at any time for any reason.
  40. If you wish to cancel your account, you must do so via the Services or by sending the Company a letter in the mail. An email or phone request to cancel your account will not be processed.
  41. If you cancel your account, any or all of your information may be immediately (or at some point in the future) irrevocably deleted. You should save a copy of anything important before cancelling your account.
  42. Information you post or otherwise furnish to the Company, including personal information, may remain on online servers indefinitely after you delete it from public areas of the Services or request cancellation of your account.
  43. The Company may provide your individual user or property information (ex. Rent expiration data and contact information) to third party purchases.  Please see the section Disclosure of Your Information in our privacy policy for more information.
  44. You agree to release, indemnify, defend, and hold harmless the Company and our affiliates, agents, officers, employees, and vendors (including without limitation the Company’s third-party credit reporting agencies and their respective affiliates, agents, officers, and employees) from any claim, suit, action, or loss arising from or relating to your use of the Services or your violation of these Terms of Service (collectively, any “Claim”), including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fines or other penalties, litigation costs, and attorneys’ fees.
  45. If you are a landlord, by requesting or viewing a credit report using the Services, you additionally represent and warrant the following: (1) that you have never been involved, and will not become involved, in any credit fraud or other unethical business practice and that you will immediately discontinue all use of the Services (and any reports and other information obtained via the Services) and notify the Company immediately if you are ever involved in any such fraud or practice; (2) that your request for any credit report using the Services, and your use of any credit report obtained through the Services, is lawful and solely for the purpose of evaluating a prospective tenant’s rental application; and (3) that you will not provide a copy of any report obtained through the Company, or any information contained in such a report, to any other party. You agree to indemnify, defend, and hold harmless the Company and its affiliates, agents, officers, employees, and vendors (including without limitation third-party credit reporting agencies and their respective affiliates, agents, officers, and employees) from any Claim arising out of or relating to your breach of the foregoing representations and warranties.
  46. If you purchase a rent estimate report from the Company, you are subject to the following terms - ALTISOURCE PROVIDES RENTAL DATA (INCLUDING RENTAL ESTIMATES) TO YOU FOR YOUR INFORMATION PURPOSES ONLY.  SUCH RENTAL DATA IS BASED ON LIMITED DATA SETS THAT MAY CHANGE AT ANY TIME IN OUR SOLE DISCRETION.  ALTISOURCE DOES NOT HAVE ANY OBLIGATION TO KEEP THE RENTAL DATA OR THE MATERIALS UP TO DATE, NOR MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY OF SUCH MATERIALS, RENTAL DATA, OR THE UNDERLYING DATA SETS.  THE MATERIALS AND THE RENTAL DATA ARE NOT INTENDED TO CONSTITUTE, AND IN FACT DO NOT CONSTITUTE, FINANCIAL, INVESTMENT, TAX OR LEGAL ADVICE.  ANY RELIANCE ON OR OTHER USE OF SUCH MATERIALS AND/OR RENTAL DATA BY YOU IS AT YOUR SOLE RISK.

    “The Deliverables do not constitute “consumer reports,” as that term is defined in the Fair Credit Reporting Act (“FCRA”). Accordingly, the Deliverables may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or for any other eligibility purpose that would qualify it as a consumer report under the FCRA.”

    PERMITTED USE. Unless expressly authorized otherwise in the Permitted Uses, Licensee agrees, represents, and warrants to Company, during and after the term of this Agreement:

a.                   The Deliverables will only be utilized within Licensee’s own organization for internal use in the Licensee’s normal course of business only.

b.                  Licensee shall not disclose, use, disseminate, reproduce or publish any portion of the Deliverables to any outside third-party reseller, channel partner, integrator, or end user. 

c.                   The Deliverables will not be used in conjunction with any joint venture or joint marketing arrangement without the prior written approval of Company.

d.                  The Deliverables will not be used outside the United States without the prior written consent of the Company.

e.                   Licensee agrees both during and after the term of this Agreement that Licensee shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Deliverables in any manner other than as stated in this Agreement or the applicable Exhibit.

f.                    Licensee will abide by all prevailing federal, state, and local laws and regulations applicable to Licensee’s use of the Deliverables.

g.                  Licensee will not use the Deliverables (i) as a factor in establishing an individual’s eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority, (v) in connection with any permissible purpose as defined by the Fair Credit Reporting Act (15 U.S.C. Sections 1681 et seq.), or (vi) in any other manner that would cause such use of the Information to be construed as a consumer report by any authority having jurisdiction over any of the parties.

h.                  Licensee will not use the Deliverables for any purpose that (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

i.                    To the extent Licensee is authorized under this Agreement to publish or otherwise permit access to the Deliverables on a World Wide Web site or otherwise via the Internet, Licensee will adopt, publish, and comply with privacy policies that comply with either the guidelines established by TRUSTe.org as more fully set forth at http://www.truste.org, the Better Business Bureau, or such other organization or standards as the parties mutually agree to select.

  1. THE SERVICES ARE PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER THE COMPANY NOR ITS SUPPLIERS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICES, THAT THE SERVICES WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT THE COMPANY WILL CONTINUE TO PROVIDE THE SERVICES OR ANY ASPECT OF THE SERVICES IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES FOR THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SEAWORTHINESS, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS OF SERVICE, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES.

 

  1. Zuby makes no warranty that (a) the Services will meet your requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (e) that we will continue to provide the Services or any aspect of the service in the future.
  2. You expressly understand and agree that Zuby will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including damages for loss of goodwill, use, data or other intangible losses (even if Zuby has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (e) any other matter relating to the service. in no event will Zuby’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Zuby in the last 6 months, or, if greater, $100.
  3. Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
  4. You agree that the laws of the State of Delaware, govern these Terms of Service and any Claim or dispute that has arisen or may arise between you and the Company.
  5. If you need to send the Company any legal notice, please do so via mail to the following address: 429 Lenox Ave #537 Miami Beach, FL 33139. Attention: Legal

 

Dispute Resolution by Binding Arbitration: 

 

53.  Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Zuby, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by entering into this Terms of Service, you and Zuby are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

54.  Prohibition of Class and Representative Actions and Non-Individualized Relief. You and Zuby agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.  Unless both you and Zuby agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.  Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). 

55.  Pre-Arbitration Dispute Resolution. Zuby is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@getzuby.com.  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Zuby should be sent to 429 Lenox Ave. Miami Beach, FL (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Zuby and you do not resolve the claim within 60 calendar days after the Notice is received, you or Zuby may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Zuby or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Zuby is entitled.

56.  Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Terms of Service as a court would.  All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. If your claim is for $10,000 or less, Zuby agrees 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 your claim exceeds $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 will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. 

57.  Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 

58.  Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void.  The remainder of the Terms of Service will continue to apply.

59.  Future Changes to Arbitration Agreement. Notwithstanding any provision in this Terms of Service to the contrary, Zuby agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Zuby written notice within 30 calendar days of the change to the Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

 

If you have any questions, contact us at support@getzuby.com.