Terms of Use
Effective Date: January 6, 2023
We are Zellerfeld! Operated by Zellerfeld Shoe Company Inc. (“Zellerfeld,” “we,” “us,” “our”) and located online at our Zellerfeld website (e.g., www.zellerfeld.com or the “Site”), through our Zellerfeld-branded mobile application on your smartphone or handheld device (“App”), our social media platform(s), and offline (e.g., through customer support channels). The following terms and conditions of use (the “Terms”) govern your use of the Site, App, the products or services offered on the Site and/or App, the products or services sold through this Site and/or App, and any orders you place through this Site and/or App (collectively, the “Zellerfeld Services” or "Services").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR PLACING AN ORDER FROM THIS SITE OR THE APP. BY USING, ACCESSING, VIEWING THIS SITE, OUR APP, THE SERVICES AND/OR PLACING AN ORDER FROM THIS SITE AND/OR THE APP, YOU CERTIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, AS WELL AS OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE AS IF FULLY SET FORTH HEREIN. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE TERMS RELATING TO BINDING ARBITRATION, PROVISIONS GOVERNING HOW CLAIMS WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED, WAIVER OF THE RIGHT TO CLASS ACTION, DISPUTE RESOLUTION (IF APPLICABLE) DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND NEW YORK CHOICE OF LAW. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE OR OUR APP, OR ANY OF THE SERVICES PROVIDED ON OR THROUGH THE SITE AND/OR THE APP.
1. User Accounts
In order to access and use certain Services, you may be asked to register and create a user account on our Site and/or App. During the account registration process, you may be asked to submit a username and password and you may be asked to click to agree to these Terms. We may also ask you to or to provide certain information about yourself including information about the measurements of your individual foot for the purpose of manufacturing our products, as well as some categories of personally identifiable information, such as your your legal name, phone number, address, email address, gender, and/or age. It is essential that you provide up-to-date, accurate information during the registration process and you understand and agree to update your information as needed for completeness and accuracy. We reserve the right to suspend or terminate your account if your information is not accurate, complete or up to date. If your information changes, log into your account and update this information. You are required to keep your password and account login information secure and confidential. You are responsible for your account, account login and password, including all activity that occurs on your account with or without your knowledge.
If you are placing an order through Site, App or any related Services, or through our third party payment processor, you will be required to provide other personal information, such as shipping address, billing address, and payment details. You will also have the option to provide a scan of your foot to determine your exact shoe size. You represent that the information you provide to us is accurate, complete and up to date in all respects, and you represent that you are the individual cited in the billing and shipping information provided, unless the product purchased is a gift. You understand and agree that we may store, use and/or handle your personal information that you provide to us in accordance with our Privacy Policy.
2. Purchases and Payments
Our Site, App and/or related Services will provide you with the ability to browse, view, choose, search and purchase products on the Site and/or App or a third party payment processor(s). By purchasing products or services, you represent that you have reached the age of majority (i.e., the age of majority in most states within the United States is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot legally enter into a contract, you are required to have your parent or guardian review these Terms and the Privacy Policy and register or place an order on your behalf. You further represent that you are buying products or services from our Site and/or App for your own personal or household use only, and not for resale or export.
You are prohibited from purchasing or attempting to purchase commercial quantities of our products without our prior written consent, and we reserve the right to place limits on your purchases. We may flag, restrict or cancel orders placed by or under the same customer account or the same credit card, or orders that use the same shipping or billing address. Additionally, we reserve the right to, restrict, cancel, prohibit or limit orders that, in our discretion, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with customers who violate these provisions or any other part of the Terms. With the exception of instances where we have expressly given our prior written consent , you may not offer, transfer, use, accept or distribute our products for promotional purposes (for example, as a prize in a raffle, contest, wagering scheme, lottery or sweepstakes).If we suspect you are in violation of any of these provisions or any other portion of these Terms, we reserve the right to terminate you from further use of our Site, App and any related Services and to refuse, limit or cancel any product orders and/or suspend or cancel any related accounts.
On occasion, and in our sole discretion, we reserve to right to offer Site-wide and/or App-wide promotional codes or to certain audiences. If we choose to enable such a promotional code(s), you must enter the promotional code during the checkout process for the code to be valid. Promotional codes, discounts and discount thresholds exclude all taxes as well as all charges for shipping and handling. You may not use discounts together with any other offers. We also reserve the right to cancel any promotional codes at any time for any reason.
We may use a third-party payment processor to process credit card transactions made through the Site and/or the App.
You understand and agree that at the time of placing your order for our products and/or services (i.e., footwear), you will be required to pay a portion of the total price of the product and/or service upfront. The portion you pay up front for our products and/or services (i.e.E., footwear) will be refundable for a period of sixty (60) days. You understand and agree that the remainder of the purchase price for the product and/or service (i.e., footwear) will be charged to the credit card or payment method you provided to Zellerfeld or a third party payment provider in full at the time such product (i.e., footwear) has been printed and you further grant Zellerfeld and/or any such third party payment provider the right and ability to charge your credit card or other payment method accordingly. Further, you understand and agree that you are responsible for paying any sales taxes, other taxes (as applicable) and shipping costs imposed in connection with your purchase of any products and/or services (i.e., footwear) made through the Site and/or the App, including but not limited to, all taxes, including sales taxes and shipping costs applicable to your region in addition to the cost of the product and/or service (i.e., footwear) and you grant Zellerfeld or any third party payment provider the right and ability to charge your credit card or other method of payment in accordance with the shipping costs and the applicable taxes, including but not limited to, sales taxes in the region where you request to ship the products (i.e., footwear). If we are obligated to collect taxes of any kind, you understand and agree that the applicable taxes will be charged to your credit card or other payment method in addition to the final amount due for all purchase(s) and/or service(s) made through our Site and/or App or a third-party payment processor. You also understand and agree that all prices on our Site and/or app are exclusive of shipping charges, sales tax and other taxes of any kind. You understand and agree at all times that the total cost of your order is the price of the product(s) and/or services ordered (i.e., footwear) plus the shipping charge, sales tax, if a sales tax is applicable and any other taxes that may be applicable to your region. The prices for our products and/or services may change at any time. You are charged sales tax or other taxes, as applicable, according to the shipping address you provide for your order as required by applicable law. After you have finished shopping on our Site and/or App, all the products (i.e., footwear) you would like to purchase will be added to your basket. You must then go through the checkout process and make an upfront portion of the total payment due for the product and/or service you are purchasing (i.e., footwear). By clicking on the “Complete Order” button, you confirm that the method of payment you are using belongs to you. Credit cards are subject to validation checks and authorization by the issuer of your credit card. If we do not receive the required authorization from your credit card issuer, we will not be liable for any delay, cancellation or non-delivery of your order.
3. Contract to Purchase
No contract regarding the purchase of a product offered on the Site and/or App will exist between you and Zellerfeld until we accept your order and send you an order confirmation. If we do not accept your order and funds have been deducted from your account, the funds will be refunded in full.
To place an order through our Site and/or App, you will be required to follow the checkout process online and press the “Complete Order” button to submit the order. Once you have submitted your order, you will receive an email acknowledgment confirming we have received your order (“Confirmation”). Your order constitutes your offer to us to buy one or more products and/or services from us for personal use and not for resale purposes. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms your product has been shipped. For all purchases made through our Site and/or the App, you acknowledge and agree that your purchase receipt will be provided electronically.
4. Product Availability
The inclusion of products on our Site and/or App at any time does not guarantee that these products will be available for purchase. All orders are subject to the continued availability of such products. If your product is no longer available due to a supply issue or stock shortage, we reserve the right to cancel your order at any time. If your order was cancelled but your payment method was charged, we will refund the full amount that you were charged for the cancelled order.
5. Order Refusal
We reserve the right to withdraw, review, verify, make changes, add or remove any product or service from our Site and/or App at any time, with or without notice, in our sole discretion. We further reserve the right to review, verify, edit, make changes to, remove, discontinue, or terminate any Services, content or materials from our Site and/or App at any time, with or without notice, in our sole discretion. We will make reasonable efforts to process all orders, though in some circumstances we may be required to refuse to process an order, even after we have sent you an order Confirmation. We reserve the right to refuse to process any order at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product or service from the Site and/or App whether or not it has been sold.
6. Risk of Loss
The risk of loss and title for products purchased from us will pass to you upon our delivery of the products to the carrier. Ownership of the product(s) will only pass to you when we receive full payment of all amounts due for the products, including delivery charges, or upon delivery, whichever event occurs later. All returns, exchanges and sales are subject to our Shipping and Return Policies, which are available for your review on the Site and App or may be delivered with your purchased products. All refunds and exchanges will be made at our sole discretion. We monitor and reserve the right to limit returns or exchanges in all instances.
7. Order Cancellation
You may cancel an order for certain products if the order has not yet been processed (i.e., has not gone to the manufacturing facility) to receive a refund to your original form of payment of the amount paid. If your order has been processed, you must return or exchange the product(s) in accordance with our Return Policy.
8. Restrictions on Use
You agree to use the Site, App and/or any related Services solely in the manner that is permissible by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in all relevant jurisdictions. You may only use the Site, App and/or any related Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.
You understand and agree that:
1. You will not make any false or fraudulent orders;
2. You will provide correct and accurate email, billing, shipping and/or other contact information to us
and acknowledge that we may use this information to contact you if necessary (see our Privacy Policy for additional information on personally identifiable information);
3. If you fail to provide us with all the information that we need to complete your purchase, we may not be able to complete your order;
4. You will not access the Site, App or any related Services, including but not limited to, purchase our products or services by any means other than through the interface that we provided , including but not limited to: (i) access, alter, or use non-public areas of the Site, App, any related Services, Zellerfeld computer systems, or the technical delivery systems of any of our providers; (ii) attempt to penetrate, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures; (iii) avoid, bypass, remove, deactivate, impair, reverse engineer, disassemble, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party on the Site, App or any related Services: or (iv) engage in any activity that interferes with the performance of, or impairs the functionality, security or performance of the Site, App, any related the Services, or our networks and computer systems.
5. You will not access any portion of the Site, App or any related Services through any automated method or with any automated features or devices (including, but not limited to, the use of scripts or web crawlers);
6. You will not access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
7. You will not publish, re-publish, mirror, duplicate, reproduce, reverse engineer, create or attempt to create derivative works, copy, sell, trade, or resell any aspect of the Site, App, and/or any related Service for any purpose;
8. You will not duplicate, copy, modify, sell, trade, reproduce, attempt to license, or resell any products or services offered or sold on the Site and/or App, including but not limited to those products and services bearing any trademark, service mark, trade name and/or logo owned by Zellerfeld in any way;
9. You will not use our Site, App or related Services to communicate, transmit, or post material that
infringes on the intellectual property, privacy or publicity right of Zellerfeld or any third party;
10. By accessing and using the Site, App or any related Services, you will not obtain any ownership, intellectual property or other interest in said Site, App, and/or any related Services and/or any virtual, or other products that may appear on the Site and/or App or that may be used in connection with it.
11. You will not use the Site, App or any related Services to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or
regulation; and
12. If you place an order through the Site and/or App, you represent and warrant that you
are at least eighteen (18) years old and are able to enter legally binding contracts.
9. Intellectual Property
The Site, App, the related Services, together with all of the information and content contained therein, including without limitation, the logos, designs, product designs, manufacturing process designs, titles, phrases, product names, text, data, wallpaper, icons, illustrations, characters, artwork, images, photographs, applications, graphics, music, sound, messages, technology, scanning technology, software and the HTML used to generate the pages (collectively, "Materials"), is the sole and exclusive property of Zellerfeld or that of our suppliers or licensors and is protected by trademark, copyright and/or patent laws of the United States and other international jurisdictions. Except as otherwise provided on the Site, the App, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, re-publish, sell, resell, attempt to license, modify, delete, reverse engineer, create or attempt to create derivative works, add to, post, transmit, or distribute any Materials or other Zellerfeld Intellectual Property from the Site, App and/or any related Service, in whole or in part, for any purpose, including any public or commercial purposes without the prior written consent of Zellerfeld.
As between you and Zellerfeld, (or any other company whose marks appear on the Site, App and/or related Service), Zellerfeld owns all right, title and interest in and to or is the authorized user of all registered or unregistered trademarks, trade names and/or service marks appearing on the Site, App, and/or any related Service and is the copyright owner, patent owner (as applicable) or licensee of the Materials on the Site, App or any related Service, unless otherwise indicated (collectively, "Zellerfeld Intellectual Property"). Except as otherwise provided herein, use of the Site, App and/or any related Service does not grant you a license to any Materials, Zellerfeld Intellectual Property and/or any features you may access on the Site, App and/or any related Service and you may not re–publish, upload, remove, post, create or attempt to create any derivative works, modify, reverse–engineer, transmit, rent, lease, loan, sell, use or distribute any such Materials, Zellerfeld Intellectual Property, any features or other materials, in whole or in part. If you make use of the Site, App and/or any related Services, other than as provided herein, in doing so you may violate trademark, copyright, patent and other laws of the United States, Germany and/or other countries, as well as applicable U.S. State laws, and you may be subject to liability for such unauthorized use.
10. Correction of Errors
Our Site, App and/or related Services may contain topographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and/or availability. We reserve the right to correct any such errors, inaccuracies or omissions at any time without prior notice. We also reserve the right to change or update inaccurate, incorrect or insufficient information, and/or to cancel orders if any such information on the Site, App and/or any related Service is inaccurate at any time without prior notice (including, but not limited to, after you have submitted your order).
11. Warranties & disclaimer
We aim to provide you with accurate and timely information, however, there may be some inadvertent technical and factual inaccuracies, as well as typographical errors on the Site, App and/or the related Services. We reserve the right to make corrections and changes to the Site, App and/or any related Service at any time without notice. We expressly reserve the right to modify the assortment of products available for purchase and to limit the quantity of products that may be purchased at any time without prior notice. We will not be held liable for stock shortages or unavailability of products. We also reserve the right to change the terms or duration of any promotional code(s), discount(s), special offer(s) or sale promotion(s). The products described on the Site, App and/or in any related Service may not be available in your region. We do not claim that the information in the Site, App and/or any related Service is appropriate to your jurisdiction or that the products described therein will be available for purchase in all jurisdictions. We use reasonable efforts to provide accurate product images and to display precise product-colors on the Site, App and/or any related Service, however we cannot guarantee the accuracy or clarity of the display on your computer monitor or mobile device.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, APP, AND/OR ANY AND ALL RELATED SERVICES (WHICH HEREBY INCLUDES ALL PRODUCTS, GOODS, ADVICE, INFORMATION AND/OR LINKS) WHICH ARE PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, APP AND/OR ANY RELATED SERVICES, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE OR APP, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, APP AND/OR ANY RELATED SERVICES OR THEIR FUNCTIONS, CONTENT AND MATERIALS MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE, APP AND/OR ANY RELATED SERVICES WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE, APP OR ANY RELATED SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, APP AND/OR ANY RELATED SERVICES YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE, APP AND/OR THE RELATED SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, APP AND/OR ANY RELATED SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL.
You understand that the technical processing and transmission of any Content AND/OR MATERIALS may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on THE SITE, APP AND/OR ANY RELATED SERVICES, including any injury or damage to you or to any person’s computer related to or resulting from use of the site, app AND/OR ANY RELATED SERVICES.
Zellerfeld shall have no liability to you for any damages, delays, or failure in carrying out its obligations to any customer for reasons beyond Zellerfeld’s control, including without limitation, fire, lightning, explosions, power surge or failure, water, pandemics of any kind, acts of God, war or terrorism, natural disasters, labor unrest, charges in or compliance with laws, revolution, civil commotion, laws, regulations, or governmental policies and shortages of supplies.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL ZELLERFELD BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL ZELLERFELD’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ZELLERFELD AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
ZELLERFELD WILL NOT BE LIABLE FOR Any indirect, incidental, special, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the SITE, APP, ANY RELATED SERVICE (WHICH INCLUDES THE products AND your purchase of the products AND/OR SERVICES), including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the SITE, APP, ANY RELATED SERVICES; (ii) any changes that Zellerfeld may make to the SITE, APP, ANY RELATED SERVICES, INCLUDING OUR products, or for any permanent or temporary cessation in the provision of the products or Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the SITE, APP, ANY RELATED SERVICES; (iv) the use of any products or services obtained on or through the SITE AND/OR APP; or (v) any other matter relating to the SITE, APP, Services or THE MATERIALS AND/OR Content THEREIN.
The limitations on OUR liability to you in this Section shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses ARISING and will survive these Terms, your use of the site, app, AND/OR ANY RELATED SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART. IF YOU ARE DISSATISFIED WITH THE SITE, APP, OR ANY RELATED SERVICES, INCLUDING THE products AND SERVICES OFFERED AND SOLD THROUGH THE AFOREMENTIONED CHANNELS, THESE TERMS OF USE OR OUR pRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, aPP, ANY RELATED SERVICES, INCLUDING PURCHASING THE PRODUCTS AND USING THE SERVICES THAT MAY BE AVAILABLE THROUGH THE AFOREMENTIONED CHANNELS.
13. Indemnity
You agree to defend, indemnify and hold harmless Zellerfeld, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or related to: (i) your use of and access to the Site, App and/or any related Services, including the products and services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; (iv) any other persons accessing the Site and/or App using your account or account login; (v) fraud you commit, or your intentional misconduct or gross negligence; and (vi) your violation of any applicable United States or international law or the rights of any third party. This defense and indemnification obligation will survive these Terms and your use of the Site, App, and/or any related Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section without our prior written consent.
14. Links To 3rd Party Sites
Our Site, App and/or any related Service may contain links or references to websites operated by third parties. These third party websites are operated outside of our control, though the links to these websites may use our Site and/or App design, style or logo(s) as a result of a co-branding or collaboration agreement. These linked websites may use cookies and may collect personally identifiable information about you, as well as use this information in ways different than the provisions set forth in our Privacy Policy. These Terms do not apply to any third party websites, and we are not responsible for the operation of any third party website or linked external source, nor any damage or losses that may occur from your use of the content, goods or services available through a third party website or linked external source. Please review the terms of use and privacy policies linked or referenced in the third party websites you access.
15. Communication with Us
If you believe that any content or postings on the Site, App and/or the related Service violates any of your rights, please notify us by email at [hello@zellerfeld.com] with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
16. Disputes and Dispute Resolution
You understand and agree that any controversy or claim arising out of or relating to the Terms,
the Site, the App, the Privacy Policy, and/or the Services shall be settled by binding
arbitration in a location determined by the arbitrator as set forth herein (provided that such location is
reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”),
and judgment upon the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling
(800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures.
Alternatively, you may assert your claims in small claims court in accordance with the terms of these
Terms if your claims qualify and so long as the matter remains in such court and advances only on an
individual (non-class, non-representative) basis. The arbitrator shall apply New York law consistent
with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of
privilege recognized at law. If you initiate arbitration against us, you will not be responsible for
professional fees for the arbitrator’s services or any other JAMS fees. If we initiate arbitration
against you, we will pay for the arbitrator’s services and any other JAMS fees associated with the
arbitration. If the claimant can demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, we will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than the condition that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the remainder 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 provision was not contained herein.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE SITE OR APP, THE RELATED SERVICES PROVIDED ON THE SITE OR APP, OR PLACE AN ORDER FROM THE SERVICES IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Site, the App, the related Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE APP, THE PRIVACY POLICY, THE SERVICES, AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. Any disputes arising out of or relating to these Terms, the Privacy Policy, the Site, the App, and/or the related Services shall be resolved in accordance with the laws of state of New York, without regard to its conflict of law rules.
17. Miscellaneous
These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Zellerfeld and govern your use of the Site, App and/or any related Services, including all products and services, any transactions with Zellerfeld through the Site and/or App and completely supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Zellerfeld with regard to such transactions. If any information on the Site, App, and/or the related Services conflicts with the provisions of these Terms, these Terms shall govern. We reserve the right to make changes to these Terms at our sole discretion. If you continue to use the Site, App and/or the related Services following the publication of changes to these Terms, we will interpret your continued use as your consent to such changes. We will post an updated version of the Terms on the Site and App when they become available and if any material changes are made to these Terms, we may provide you with a notice regarding such changes.
Our failure to exercise or enforce any legal right or remedy which is contained in these Terms or for which we have the benefit of under applicable law, will not be interpreted as a formal waiver of our rights and those rights and remedies will continue to be available to us. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable. The Terms shall be governed by the laws of the state of New York without regard to choice of law principles.
Last Updated: January 6, 2023