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Last Updated: September 1st 2016
Welcome to Zero Hero. Zero Hero is a ticket platform that allows users to buy (“Buyers”) and sell (“Sellers”) tickets and related passes (collectively, the “tickets”) for live events. As a platform, Zero Hero does not own the tickets on the Site nor does it set prices for tickets. Because sellers set ticket prices, they may be higher or lower than box office price, face value or the dollar amount printed on the ticket.
By accessing or using the Zero Hero website (the “Site”), mobile applications or any other Zero Hero service (collectively, the “Services”), you are a user and consent to be bound by the terms and conditions of this Zero Hero User Agreement (the “Agreement”). Zero Hero’s Privacy policy, Zero Hero Seller Policies, and all other policies applicable to your use of the Site and other Zero Hero Services are incorporated by reference into this Agreement (collectively, the “Zero Hero Policies”). Zero Hero may periodically make changes to this Agreement and Additional Policies, notice of which will be posted on the Site and become effective fifteen (15) days following posting for current listings, or immediately for new listings. Your continued use of the Site or Zero Hero Services constitutes your acceptance of all changes to the Agreement. Changes to the Additional Policies, except the Privacy Policy, may be made from time to time without notice and your continued use of the Site or Service constitutes your acceptance of the modified terms of the Additional Policies.
You must create a user account to list, sell or purchase tickets and you must have valid payment information on file including ACH and credit card information. Zero Hero’s preferred payment method is via ACH for payment of sale proceeds and collection of fees for products and services offered. A credit card payment may be accepted as a secondary option in certain instances on a case by case basis. Additionally, Zero Hero may charge your account for amounts owed or costs that Zero Hero incurs arising from your violation of this Agreement (including the Additional Policies). Each user must have their own account, sharing of credentials is a violation of this agreement and will be subject to penalties, fines and banishment from use of the site in the future.
Zero Hero offers a variety of products and services to fit the needs of each seller. ZeroHero calculates the fees for each product used by the seller and will invoice the seller for these amounts. Standard procedure will be for ZeroHero to collect fees by initiating an ACH auto-draft for the invoiced amount from the seller’s bank account. If your account has insufficient funds, we will contact you to determine collection of payment and reserve the right to charge your credit card for the amount owed plus any fees incurred due to the insufficient funds.
In addition, Zero Hero may use a collection agency to collect Fees and you may be charged additional costs or fees associated with collecting delinquent payments. Zero Hero, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report.
Zero Hero provides the technology platform for seller’s to manage their ticket listings across multiple sales channels and marketplaces using their own marketplace account credentials. Fees for this service will be agreed upon between ZeroHero and the seller. Invoicing and payment will follow the guidelines noted above in the ZeroHero Fees section.
Zero Hero is continuously working on new, innovative products and services to offer its clients. These will typically be treated as the POS fees are and calculated, totaled and invoiced according to timing agreed upon by the seller and ZeroHero.
Zero Hero platform can enable access to a vast selection of inventory from outside sources. This access will be available as a premium service. Fees for this service will be agreed upon between ZeroHero and the seller. Additionally, purchases on the GTF may have transaction fees collected by ZeroHero. Invoicing and payment will follow the guidelines noted above in the ZeroHero Fees section.
Zero Hero manages ticket listings across multiple sales channels and marketplaces. The list price is set by the lister or, if pricing services are contracted for 3.5% of the sale, by the Zero Hero representative. ZeroHero collects fees as the intermediary between the seller and the marketplace. For example, proceeds from a $100 sale on StubHub is received by ZeroHero, $91 is then paid to the seller with ZeroHero keeping the $9 in fees. Seller receives payment per the following:
(Sale price X (100- ZeroHero fee)
Example - $100 ticket & 9% ZeroHero Fee - ($100 X(100-.09) = $91 proceeds
Zero Hero typically bundles its fee with the fees charged by the resale marketplaces to ensure that listers never pay more than they would pay to list on Stubhub.com. Proof of current Stubhub sell fee may be required by Zero Hero for this setup. Zero Hero currently lists tickets on the following marketplaces which in turn list clients tickets on up to 2,000 secondary ticketing market retail websites:
| Client with a 9% Rate | ||
|---|---|---|
| Wholesale | Proceeds | |
| Stubhub | $100.00 | $91.00 |
| Mercury | $100.00 | $91.00 |
| Ticket Evolution | $100.00 | $91.00 |
| Event Inventory | $100.00 | $91.00 |
| Razorgator | $100.00 | $91.00 |
| Ticket Network | $100.00 | $91.00 |
| Gametime | $100.00 | $91.00 |
| Ticketcity | $100.00 | $91.00 |
| ZeroHero | $100.00 | $91.00 |
Zero Hero may enforce listing penalties and charge additional fees for failure to deliver tickets on time, failure to deliver the correct tickets, listing mistakes, rejected at gate issues, failure to supply the tickets and other failures to honor this listing agreement. Zero Hero may charge additional fees for Services requested by the lister including pricing, listing, special or unconventional delivery etc. Zero Hero reserves the right in its sole discretion to change Fees at any time as it deems appropriate, including after a ticket is listed.
A tickets listing pricing is generally the sole responsibility of, and set at the sole discretion of, the user listing the ticket for sale. All listings must be done in accordance with all applicable laws and Zero Hero policies. A user may not list speculative tickets under any circumstance. Please refer to the Listing Agreement for other applicable Zero Hero Policies in relation to listing tickets for sale.
By listing a ticket for sale, you are making a firm offer to sell that ticket for the price you have specified. When a Buyer accepts your offer by purchasing your ticket through Zero Hero’s Site or Services, you are contractually bound to deliver that exact ticket within the required delivery period at the specified price. As a Seller, you are obligated to monitor your inventory and ensure that all listings are accurate. Under no circumstances may you, as a Seller, cancel an order and repost the same ticket for a higher price. A Seller’s failure to fulfill orders will lead to charges as stated in the Penalties section of the Listing Agreement and elsewhere in the Zero Hero Policies.
Zero Hero allows sellers the unique opportunity to list across multiple retail sales platforms in as close to real time as technologically possible. The following table shows a seller the typical payment cycle for each marketplace and will assist sellers in determining which mix of sales channels fit their cash flow needs best. Proceeds from sales are paid in the payment cycle after receipt by Zero Hero from the marketplace sold on. By accepting this agreement, seller understands that there may be delays in payment based upon the marketplace on which the sale occurred. The table is best used as a general guideline and is not intended to be used to calculate exact payment dates.
Listers are free to choose which marketplaces they list on. Zero Hero provides the platform to facilitate this connection and is not liable for any unpaid sale proceeds due to marketplace bankruptcy or insolvency. In the event of marketplace bankruptcy or insolvency, Zero Hero will refund all fees Zero Hero charged in connection with the unpaid sales on the marketplace in question in good faith to its sellers.
Zero Hero allows sellers to post their tickets across all of the major secondary ticketing marketplaces and is subject to the listing guidelines, rules, ratings and penalties assessed by the specific marketplaces it utilizes. Zero Hero passes along any cost to replace and any associated penalty to its listers per the guidelines of the marketplaces on which the tickets sold. Zero Hero will attempt to reduce and remove penalties on its listers’ behalf whenever possible. Timely cooperation with Zero Hero from the Zero Hero seller is required for this to occur. Most marketplaces expect a response with corresponding proof and or just cause within 48 hours in order to have a “broken order” removed or a penalty reduced.
Zero Hero charges its listers a fee per broken or unsupplied order and or for any lister caused error and or issue that negatively affects Zero Hero’s broker rating per the list below. Example – Ticket supplied by Zero Hero seller to Stubhub does not work at the gate. Stubhub charges Zero Hero $140 to replace the order. Zero Hero lister will be charged $140 for the replacement and $100 for the black mark against Zero Hero’s Stubhub metrics for $240 total. Same example, however, seller proves with a scan report that buyer got into the event. Stubhub waives the $140 replacement fee and no $100 fee is charged to the lister. Zero Hero reserves the right to enforce its penalty policy for any and all of the following issues: Non-shipment/fulfillment, late shipment/fulfillment, rejected at gate, listing errors, fulfillment errors, shipment errors, failure to disclose view obstruction, listing of ticket types not compatible with Zero Hero including will call only, paperless, flash seats and other ticket forms that limit or restrict transferability, speculative ticket listings and any other issue type outlined by Stubhub.com.
Zero Hero reserves the right to enforce penalties and or charge replacement fees for any reason it deems justifiable.
In addition to the above flat fee penalties, at the end of each quarter ZeroHero will find the fault orders for the prior quarter and calculate an individual fault rate for any seller that had at least one penalty. (Fault rate = faults / total orders) and based on that, the seller’s ZeroHero rate could increase.
If a rate increase is applicable, it would stay in effect through the next quarter. Effective 1/1/17, penalties that were assessed in Q4 (October - December) will be used to calculate the fault rate for Q1 possible rate increases. Example: Seller has 9 faults in 1,000 orders during Q4. 9/1,000 results in a 0.9% fault rate which corresponds to a 0.5% rate increase. Seller’s starting rate was 15% which will now increase to 15.5% for Q1. At the end of Q1 a new fault rate will be calculated to then determine the Q2 rate. Each quarter the seller rates will reset to their baseline (15% in this example) and then have any increases applied.
| Fault Rate | ZeroHero Rate Increase |
|---|---|
| .50% or below | No increase |
| .51% - 1% | 0.5% |
| 1.01% - 2% | 1.0% |
| 2.01% - 5% | 1.5% |
| 5.1% and above | Penalty Box |
As a Buyer placing an order, you are entering into a binding contract with the Seller to purchase the tickets ordered. Payment is remitted to Zero Hero and disbursed to the seller according to the Zero Hero Policies. All Sales are Final. Except as outlined in the Zero Hero Policies, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete. If you cannot attend the event, you are encouraged to re-list the tickets on Zero Hero.
Users are solely responsible for the payment of any applicable taxes resulting from ticket sales. You agree to provide Zero Hero with your Social Security Number or other Tax ID Number (TIN) upon request. You further authorize Zero Hero to release that information to the IRS and other taxing authorities.
Zero Hero reserves the right to modify or discontinue the Site and Services at any time, whether temporarily or permanently, in whole or in part, with or without notice for any reason. While Zero Hero does its best to avoid user impact during regularly scheduled maintenance, the Site or Services may become temporarily unavailable during maintenance periods.
Cancellation: If an event is cancelled or a contingent event (e.g. playoff game) does not occur, Zero Hero will remove the related listings and email you about the cancellation. The Buyer will receive a full refund and the Seller will, be charged any amount received for the sale. If a Seller needs to be in physical possession of tickets to obtain a refund of the original purchase, the Seller must reply to Zero Hero’s cancellation email and request the tickets within two weeks of the event cancellation.
Postponement: If an event is postponed and rescheduled, Zero Hero will work with Buyers on a case-by-case basis attempting to resolve any ticket issues. Sellers cannot cancel or otherwise invalidate a pending order for the rescheduled event. If a venue requires new tickets for rescheduled events, Sellers shall deliver the new tickets. Zero Hero reserves the right to cancel orders if new tickets are required. Refunds will not be issued for a postponed event (unless the event is ultimately cancelled).
Other changes: Zero Hero is not responsible for partial performances, or the change of an event’s venue, date, or time. No refunds will be issued in these instances.
Transactions conducted in a foreign currency are subject to the prevailing currency exchange rates and banking fees levied by the banking institutions Zero Hero utilizes to transact and convert any funds received.
When using the Site or the Services, you agree that you will not do any of the following:
You are solely responsible for any content, including but not limited to images, text, audio or other materials that you submit or otherwise make available on the Site or through the Services (“User Content”).
By submitting User Content, you grant Zero Hero a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any medium. You grant Zero Hero the right, without obligation, to use your name or likeness in association with the User Content you submit.
You represent and warrant that the User Content you submit: (a) is either wholly owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify Zero Hero for any and all claims resulting from your User Content.
Zero Hero has the right but not the obligation to monitor, edit, or remove your User Content. The User Content is non-confidential and Zero Hero will not be liable for its use or disclosure.
If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to Zero Hero, you do so voluntarily and with no expectation of, or entitlement to, compensation or confidentiality. By submitting Ideas, you grant Zero Hero ownership of the Ideas to use for any purpose, in any way, in any medium without any obligation or payment. You understand that Zero Hero may have something similar to the Ideas under consideration or in development.
Zero Hero respects intellectual property rights. If you have a good faith belief that your copyright, trademark or other intellectual property is being infringed, complete a notice of infringement. If you have a good faith belief that your content was mistakenly removed, complete a counter notice. If you repeatedly infringe other people's intellectual property rights, Zero Hero may terminate your account without notice.
You are required to cooperate in Zero Hero’s investigation of any suspected violations of this Agreement or Zero Hero Policies. Zero Hero may take any action that it deems appropriate in its sole discretion for any actual or suspected violation of the Agreement, Zero Hero Policies, or law. Zero Hero may likewise take action if Zero Hero cannot verify or authenticate information you provided, or if Zero Hero determines that you have abused the Hero Guarantee or otherwise failed to comply with the letter or spirit of the Zero Hero Policies (e.g., by deliberately exploiting any policy loopholes). These actions may include, but are not limited to: temporarily or permanently suspending you from using or accessing the Site or Services, removing a listing, requiring you to edit a listing, cancelling a sale, requiring you to send the ticket(s) to the Buyer within a specified time, withholding a payment to you, or charging the Payment Method on file for amounts you owe Zero Hero for costs incurred due to your misconduct (including, without limitation, any costs associated with collection of delinquent accounts or chargebacks and any replacement costs). Zero Hero reserves the right to report any activity that it believes to be illegal and will respond to all inquiries initiated by governmental agencies or as otherwise legally required.
All communications between you and Zero Hero and its affiliates are subject to the Zero Hero Policies, including the privacy policy.
You consent to contact from Zero Hero and its affiliates, including autodialed or pre-recorded messages, at the telephone number (including mobile number) associated with your account. If the telephone number is a mobile number, you agree to receive SMS or other text messages at that number or on that mobile device and charges may apply. Such contact may be for the purposes of:
Zero Hero may share your telephone numbers with its service providers (such as billing or collections companies) who assist in protecting Zero Hero’s rights or performing its obligations under this Agreement, the Zero Hero policies, or any other applicable agreement. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes. You consent that Zero Hero and its affiliates may, without further notice or warning, monitor or record communications with you or anyone acting on your behalf.
You and Zero Hero each agree that any and all disputes or claims that have arisen or may arise between you and Zero Hero relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Zero Hero’s Site or Services, or any tickets or related passes sold or purchased through Zero Hero’s Site or Services, other than matters of debt collection, shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
(a) Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ZERO HERO AGREE THAT EACH OF PARTY 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 ZERO HERO AGREE OTHERWISE, THE ARBITRATOR CANNOT CONSOLIDATE OR JOIN PROCEEDINGS, AND CANNOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, 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). ANY RELIEF AWARDED CANNOT AFFECT OTHER ZEROHERO USERS.
(b) Arbitration Procedures
Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ('Prohibition of Class and Representative Actions and Non-Individualized Relief'), shall be for a court of competent jurisdiction to decide.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association ('AAA') under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1.800.778.7879.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ('Notice'). A Notice to Zero Hero should be sent to 900 1st Ave S. STE 100, Seattle, WA 98134. Zero Hero will send any Notice to you to the physical address on file associated with your Zero Hero account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claim(s) the party is asserting and the relief sought.
If you and Zero Hero are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Zero Hero may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Zero Hero at the following address: Zero Hero, Inc. 900 1st Ave S. STE 100, Seattle, WA 98134. In the event Zero Hero initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Zero Hero account. Any settlement offer made by you or Zero Hero shall not be disclosed to the arbitrator. The arbitration shall be held in King County, Washington or at another mutually agreed location. If the value of the relief sought is $10,000 or less, by mutual agreement, the arbitration may be conducted by telephone or based solely on written submissions.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Washington, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Zero Hero users, but is bound by rulings in prior arbitrations involving the same Zero Hero user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(c) Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Zero Hero for all costs, including attorneys’ fees, that Zero Hero incurred associated with the arbitration.
(d) Severability
With the exception of any of the provisions in subsection (a) of this Agreement to Arbitrate ('Prohibition of Class and Representative Actions and Non-Individualized Relief'), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in subsection (a) of this Agreement to Arbitrate ('Prohibition of Class and Representative Actions and Non-Individualized Relief') is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement, including all other provisions of Section 7 'Disputes with Zero Hero', will continue to apply.
(e) Alternate Forum and Venue
In the event the agreement to arbitrate is deemed unenforceable, all claims and controversies shall be resolved in King County Superior Court in Seattle, Washington State.
(f) Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, shall not apply to any claim that was filed in a proceeding between you and Zero Hero prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Zero Hero. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on http://www.ZeroHero.com at least thirty (30) days before the effective date of the amendments of by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.
Except as otherwise stated, the Agreement shall be governed by the laws of the State of Washington.
Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, Buyers and Sellers may elect to submit complaints against one another to the American Arbitration Association ('AAA') under its rules and procedures. The AAA's rules are available at www.adr.org Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement and all incorporated Policies. Buyers and Sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois. In such cases, either party may attend the arbitration hearing via telephone or video conference.
YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF ZERO HERO'S SITE AND SERVICES ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. ZERO HERO MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS USER AGREEMENT AND IN THE HERO GUARANTEE, ZERO HERO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZERO HERO (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS, LICENSORS, AND AFFILIATES) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES; (III) ANY USER CONTENT OR CONTENT OF THIRD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH TICKETS OR RELATED PASSES YOU LIST APPEAR ON THE SITE OR SERVICES;
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, ZERO HERO’S LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE, NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100.
To the fullest extent permitted by law, you release and will not bring against Zero Hero, its affiliates and its respective officers, directors, agents, joint ventures, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify and hold Zero Hero and its affiliates, officers, directors, attorneys, agents, employees, licensors and suppliers (the “Zero Hero Indemnitees”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by Zero Hero and (if applicable) any Zero Hero Indemnitee resulting from or arising out of your breach of this User Agreement, your improper use of Zero Hero’s Site or Services, and/or your violation of any law or the rights of a third party.
This Agreement, together with all additional policies referenced above, constitutes the entire agreement between you and Zero Hero relating to your use of the Site or Services. You consent to receive notice by email to the address provided at registration. To the extent this Agreement conflicts with Zero Hero Policies enacted after you enter into this agreement, the later enacted policy shall prevail. No amendment, modification or supplement of any provision of this Agreement will be effective unless in writing. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. Zero Hero may assign or transfer this Agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Zero Hero, which can be withheld in Zero Hero’s sole discretion. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement, your use of the Site, or the provision of Services. This Agreement is for your benefit only, not for the benefit of any third party except for Zero Hero’s permitted successors and assigns. The following Sections survive any termination of this Agreement: Fees, Taxes, Abusing Zero Hero, User Content, Ideas, Privacy and Communication, Agreement to Arbitrate, Release and Covenant Not to Sue, and Indemnification.
If you're a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
