Last Updated: November 16, 2022
The Terms and Conditions set forth constitute a legal agreement ("Agreement") between You (hereby referred to as "You", "your", "user", "the user") and Mochameet, Inc., a Delaware Corporation, its directors, shareholders, employees, subsidiaries and affiliated companies, (hereby referred to as "Zocal" which is the trademarked name of the service which is wholly owned and developed by Mochameet, Inc., "MochaMeet", "Mochameet", "we", "us", "our") in relation to the platform, site, and services offered by us. By registering with or accessing Zocal, the user agrees to be bound to the terms of this Agreement. Zocal reserves the right to make changes to this agreement without providing prior notice to the user, effective upon posting an updated version of the Agreement. Your continued usage of Zocal denotes acceptance of the terms and the any changes. Further, you also consent to the use of an electronic record to document your agreement.
Mochameet, Inc. provides an online platform called Zocal, using web-based technology that connects you and other users. Zocal software permits users to share their location and track the location of other users, send messages, and share and receive data from other users (the "Software").
If you access any of our websites located at https://www.zocalapp.com, https://www.zocal.app/ or https://www.mochameet.com/, install or use our Zocal mobile application, install or use any other software supplied by Zocal, or access any information, function, or service available or enabled by Zocal (each, a "Service" and collectively, the "Services"), or complete the Zocal account registration process, you, your heirs, assigns, and successors (collectively, "you" or "your") hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Zocal; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement. The terms "User" and "Users" refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.
SECTION 9 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION 9(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
3. User Content & Information
a. You are held responsible for
i. the use of the services offered;
ii. any content or location data posted, displayed, uploaded, captured, or submitted to Zocal which may or may not be viewed by other users and third-party services and websites
iii. your location data, both exact and approximate, usage of the location sharing features, and the visibility of your location to other users and third parties both on and off the Zocal platform and
iv. the consequences resulting from your submissions, location sharing, and other usage of Zocal products and services.
b. With respect to the content and information submitted, you specifically give Zocal the following permissions:
i. you grant Zocal a non-exclusive, irrevocable, royalty-free and perpetual license that requires no form of compensation to you, to copy, store, modify, distribute, show in public and create derivative works from your user submissions and data both as part of the Zocal service and otherwise; including (without limitation) (a) services that link to Zocal, and (b) for promoting Zocal (and derivative works) thereof, (c) for showing you targeted advertising, (d) for creating user based analytics that may be used to further develop Zocal products and services or serve targeted advertising;
ii. you represent and warrant that you are fully entitled to grant that license;
iii. you undertake that if you reference any identifiable individual in your submissions, that individual has granted you the necessary permissions to do so and agrees to the use of that information by Zocal in the manner listed in this Agreement;
iv. you waive the rights to object to any derogatory treatment of your submissions by anyone or to be identified as their author.
v. you also provide each user of Zocal a non-exclusive license to access, copy, modify, distribute or display your submissions, which includes location data.
c. Zocal is not responsible for the content posted, uploaded, or submitted by its users nor is it expected to monitor or control such submissions. Any use or reliance on such submissions is to be done at your own risk. However, Zocal does reserve the right to copy, modify, distribute or delete the content that is posted by its users without providing any prior notice or compensation for the same.
d. By using the services offered by Zocal, you may be exposed to content that may be offensive, harmful, inaccurate, deceptive or even inappropriate, in which case, you do not consider Zocal liable for the same.
e. Feedback or other suggestions about Zocal is always appreciated, but they may be used without any obligation to compensate you for them.
4. Registration & Usage
While registering for an account and using or maintaining it on Zocal, you commit to the following:
i. You will not send or otherwise post unauthorized commercial communications (such as spam) on Zocal
ii. You will not collect users' content or information,
c. You will not access Zocal using automated means (such as harvesting bots, robots, spiders, or scrapers),
d. You will not upload malicious code or viruses,
e. You will not impersonate anyone else, nor provide any false information on Zocal nor create an account for anyone other than yourself without permission.
f. You will not solicit login information or access an account belonging to someone else,
g. You will not post content that is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence,
h. You will not offer any contest, giveaway, or promotions on Zocal without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws,
i. You will not circumvent, modify or disable any security related feature on Zocal or features that prevent or restrict copying of content,
j. You will not stalk, harass, or otherwise engage in harmful behavior towards another user.
k. You will provide accurate information about yourself including your correct name, email address, phone number, and any other details that will be submitted.
l. You may only use Zocal if you are not a person that is barred from receiving the services under the United States law or other applicable jurisdiction.
m. You will not create more than one Zocal account.
n. You will not use Zocal if you are under 18 years of age.
o. You will not share your password, let anyone else access your account or do anything that may jeopardize the security of your account. Zocal is not liable for any consequences that result out of a compromised password or account.
p. You will not transfer your account to anyone else without first getting our written consent.
q. You understand that parts of your account and the information contained including phone number and location may be visible to other members or users of Zocal or even third parties.
r. You will not copy or distribute any part of Zocal's services without written authorization.
s. You agree to be shown advertisements that may or may not be related to your interests while using Zocal.
t. Zocal may temporarily stop part or all of its services provided.
u. Zocal is not responsible for the behavior or material posted or uploaded by its users within and outside the network. We do not pre-screen or monitor any material that is submitted by our users.
v. You will not access, user or tamper with the non-public areas of Zocal, including but not limited to, the databases, computer systems, or technical delivery systems.
w. You will not test, probe or scan the vulnerability of any system or network or breach or circumvent any security or authentication measures.
x. You will not use Zocal in any way to send altered or deceptive information or to disrupt the access of any user, host or network, including, without limitation, sending a virus, flooding, spamming, overloading, mail-bombing or by scripting content in a way to cause undue burden on the services.
y. Failure to abide by this agreement may result in a temporary or permanent suspension of your account and the levy of damages as applicable.
5. Intellectual Property Rights
a. All content of Zocal, except user submissions, including but not limited to the text, scripts, software, photos, graphics, sounds, interactive features and the trademarks, service, marks and logos contained are all owned by or licensed to Zocal and protected by United States and foreign laws and international conventions. You will not use Zocal's copyrights or trademarks without our permission.
b. Save for the personal content submitted by users, all intellectual property rights subsisting in and in relation to user submissions (including, but without limitation, compilations of user submissions) are owned by Zocal.
c. You will not post material or upload information that may violate or infringe upon someone else's rights or violates the law. Zocal can remove such content if we believe it violates the terms of this Statement.
d. If you collect any information from other users, you shall make it clear that it is you and not Zocal that is collecting the same and let the user know what you will do with the information.
e. You shall not post any other user's financial or other sensitive information on Zocal.
6. Communications with Zocal and using Zocal
By creating a Zocal account, you electronically agree to accept and receive communications from Zocal, or third parties providing services to Zocal including via email, text message, calls, and push notifications to the cellular telephone number you provided to Zocal. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Zocal, its affiliated companies, including but not limited to communications concerning account notifications on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing Settings on your device. To opt out of receiving promotional text messages from Zocal, you must reply “STOP” from the mobile device receiving the messages.
By sending other individuals or phone contacts messages, location data or requests through Zocal, Zocal may route your communication via SMS through the recipient’s phone carrier and you confirm that you have explicit prior permission from the recipients to send them text messages or other communications. You further agree that at no point will you use Zocal to send spam or messages that can be construed as spam, misleading, dangerous, or false to other users.
7. Safety & Legal Disputes
a. We reserve the right to terminate any and all services offered to you.
b. We also reserve the right to remove or refuse to distribute any content on the services offered and to otherwise terminate accounts.
c. If anybody notifies us or brings a claim against you related to your actions on Zocal, you will indemnify and hold us harmless from and against all damages, expenses, or losses of any kind (including reasonable legal fees and costs) related to such claim.
d. We reserve the right to access, read, disclose, and preserve any information submitted, captured, or derived that we believe is necessary for any legal, safety, or operational proceeding including, but without limitation: (i) satisfying an applicable law, regulation, or governmental request, (ii) enforcing the Agreement including investigations of potential violations, (iii) detecting, preventing or otherwise addressing fraud, security, or other sensitive issues, (iv) responding to user support requests or (v) protecting the rights, property, and safety of Zocal, its users and the public, or (vi) for improving Zocal Services including new the development of new products or services.
e. ZOCAL IS TO BE USED AT YOUR OWN RISK. Though we try to keep it safe, bug-free and up-to-date, we do not guarantee it nor guarantee the conduct of any other user on Zocal, and provide Zocal "AS-IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, including but not limited to, implied warranties of merchantability, fitness for a purpose, safety, and non-infringement. We make no warranty and disclaim all responsibility and liability for the completeness, timeliness, availability, accuracy, security, or reliability of our Services or any content thereon.
f. ZOCAL IS NOT RESPONSIBLE FOR ANY HARM TO YOU, YOUR COMPUTER SYSTEM, DEVICE, LOSS OF DATA, OR ANY OTHER HARM RESULTING FROM YOU ACCESSING ZOCAL AND ITS SERVICES. ZOCAL IS ALSO NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE OR TRANSMIT ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY ITS SERVICES OR FOR UNAUTHORIZED ACCESS INTO ITS SERVERS OR DATABASES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, ERROR-FREE, AND SECURE BASIS. NO ADVICE OR INFORMATION OTHERWISE RECEIVED FROM ZOCAL, ORAL OR WRITTEN, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
g. ZOCAL IS NOT RESPONSIBLE FOR THE ACTIONS, INFORMATION, CONTENT, OR DATA OF THIRD PARTIES OR OF OTHER ZOCAL USERS. YOU AGREE TO RELEASE ZOCAL, OUR SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED OR CONNECTED TO A CLAIM YOU HAVE AGAINST SUCH THIRD PARTIES OR USERS. YOU AGREE THAT ZOCAL WILL NOT BE LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, RESULTING FROM OR IN CONNECTION WITH (i) YOUR ABILITY OR INABILITY TO ACCESS ZOCAL OR ITS SERVICES (ii) ANY CONTENT OBTAINED FROM THE SERVICES BY YOU, ANY THIRD PARTY, OR ANOTHER ZOCAL USER; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR OTHER ZOCAL USER ON OR OFF THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THIS SHALL APPLY WHETHER OR NOT ZOCAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
8. Payment Terms
(a) Prices & Charges. You understand that: (a) the prices for Paid features may differ from the prices offered or published for the same Services to other users; (b) Zocal has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) Zocal reserves the right to change such prices at any time, at its discretion. Other than taxes based on Zocal’s income, you are liable for all transaction taxes on the Services provided under this Agreement. In the event that the charge to your payment method may incorrectly differ from the total amount displayed to you at checkout, Zocal reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout. All payments will be processed by Zocal or its payments processor, using the preferred payment method designated in your account. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your Use of the Services. This includes our right to charge any card on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date.
(b) No Refunds. Charges paid by you are final and non-refundable. Zocal has no obligation to provide refunds or credits, but may grant them, in each case in Zocal’s sole discretion.
(c) Promotional Offers and Credits. Zocal, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Zocal; (iii) are subject to the specific terms that Zocal establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer. Zocal reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Zocal determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. Zocal reserves the right to modify or cancel an offer at any time. Zocal may also offer gratuitous credits, which can be used for the Services. Any promotional offers or credits issued by Zocal may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order.
(d) Referral Program. Under the Referral Program, Zocal offers its registered Users in good standing the opportunity to earn free Zocal credits as promotional rewards by inviting their eligible friends to register as new Zocal Users by using a unique referral ID link (“Referral Link”). For each Qualified Referral (as defined in the Referral Offer) generated through a User’s Personal Link, the User may receive a free credit as specified on Zocal’s Referral Program page. You agree that we may change the terms and conditions of the Referral Program or terminate the Referral Program at any time.
(e) Zocal Premium Subscriptions. General: Zocal Premium & Zocal Enterprise (hereby referred to as “Zocal Premium”) are automatically renewing subscriptions requiring recurring payments. A Zocal Premium subscription grants you access to several premium features as outlined on the Zocal Premium Page, including receiving location from a larger number of users and more.
Zocal Premium is offered for a monthly or yearly fee payable at the start of the relevant period. By signing up for Zocal Premium and providing Zocal with your payment account information, you agree that: (a) you will be charged your first Zocal Premium subscription fee and any applicable taxes on the date you purchase your Zocal Premium subscription; (b) you authorize Zocal and its service providers to store your payment method for the purpose of executing future Zocal Premium auto-renewal transactions; (c) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR ZOCAL PREMIUM SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (d) AT THE TIME OF RENEWAL, ZOCAL WILL AUTOMATICALLY CHARGE THE THEN-CURRENT ZOCAL PREMIUM FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your Zocal Premium subscription. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.
Trial or Promotional Subscriptions: From time to time, Zocal offers some customers trial or other promotional subscriptions to Zocal Premium. Such trial or promotional subscriptions are subject to this Agreement except as otherwise stated in the promotional offer. When your free trial period has expired, your subscription will automatically convert into a paid Zocal Premium subscription, and Zocal will bill you the applicable fee. If you cancel Zocal Premium before the trial period has expired, Zocal will not charge you for the Zocal Premium subscription. If you purchase a Zocal Premium subscription with a promotional credit, then for each subsequent time that your Zocal Premium subscription renews, you will be charged the full billing amount.
Cancellations: You can cancel your Zocal Premium subscription at any time through the Services. You must cancel at least one (1) day before the next-scheduled subscription renewal date to avoid being charged for the next subscription period (e.g., if renewal date is May 20, you must cancel by 11:59:59 pm PT on May 19).
If your Zocal Premium subscription is cancelled or terminated for any reason, you will lose access to premium features immediately and will forgo any remaining time you had for the remainder of the billing cycle and will not be eligible for a refund for any unused portion. Further, upon termination of Zocal Premium, you shall not be eligible for a free trial on any subsequent Zocal Premium Subscription.
Updates and Changes: The Zocal Premium prices and features may change in the future. If Zocal changes the monthly or annual fee charged for a Zocal Premium subscription, Zocal will notify you and provide you with the opportunity to change your subscription before Zocal Premium is renewed for another subscription term. Your continued use of the Services after the change becomes effective will constitute your acceptance of the fee change. If you do not wish to continue subscribing with the new fees, you may cancel your Zocal Premium subscription within the specified notice period. Any Zocal Premium subscriptions will be subject to the Terms and Conditions in effect at the time you sign up or your subscription renews. Zocal may also make such changes with respect to current Zocal Premium subscriptions. In that case, Zocal will provide you with notice of the changes and when those changes will take effect. If you disagree with the changes to your current Zocal Premium subscription terms and conditions, you may cancel your Zocal Premium subscription before your next billing cycle. No Transfer or Assignments & Cancellations by Zocal: Your Zocal Premium subscription cannot be transferred or assigned. Zocal reserves the right to accept, refuse, suspend, or cancel your Zocal Premium subscription at any time in its sole discretion.
9. Dispute Resolution.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ZOCAL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 9 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a User of the Services, to how your data is used or shared as part of the Services, to any advertising or marketing communications regarding Zocal or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Zocal as a User of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Zocal may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
CASES MAY BE FILED AGAINST ZOCAL THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.
IF YOU AGREE TO ARBITRATION WITH ZOCAL, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST ZOCAL IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
(b) Informal Resolution. You and Zocal agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Zocal therefore agree that, before either you or Zocal demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Zocal that you intend to initiate an informal dispute resolution conference, email email@example.com , providing your name, telephone number associated with your Zocal account (if any), and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state where you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to paragraph 9(b). You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(d) Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Zocal. Except as expressly agreed to in Section 9(g) of this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Zocal.
(e) Waiver of Jury Trial. YOU AND ZOCAL WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Zocal are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 9(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
(f) Waiver of Class or Consolidated Actions. EXCEPT AS EXPRESSLY AGREED TO IN SECTION 9(G) OF THIS AGREEMENT, YOU AND ZOCAL AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS EXCEPT AS SET FORTH IN SECTION 9(G). CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN SECTION 9(G). If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Zocal is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 11. This provision does not prevent you or Zocal from participating in a class-wide settlement of claims.
(g) Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against Zocal, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with Zocal and the arbitration provider to implement such a batch approach to resolution and fees.
(h) Opt Out. If you are a customer or User who creates a Zocal account for the first time, you may opt out of this Arbitration Agreement. If you do so, neither you nor Zocal can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Zocal in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the phone number you currently use to access Zocal, your email address, and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: firstname.lastname@example.org with the Subject line: OPT OUT of Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.
(i) No Effect on Independent Contractor Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND ZOCAL RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A CONTRACTOR, OPTING-OUT OF THE ARBITRATION AGREEMENT SET FORTH IN THIS SECTION 9 HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH ZOCAL.
(j) Survival. This Arbitration Agreement will survive any termination of your relationship with Zocal.
(k) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Zocal makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Zocal.
10. Data storage & processing
Zocal attempts to create a global community with consistent standards for everyone. However, in doing so, there are special provisions necessary for users who do not live in the same countries as Zocal's servers and offices are located. In order to better provide consistent services to all users globally, the following provisions apply to all users: a. You consent to having your personal data and user submissions transferred to and processed, at Zocal's discretion, in a country that you may or may not be affiliated with in any way, including countries outside the United States.
11. Links to Third Party Websites
Zocal services may contain links to third party websites. However, you acknowledge and agree that we are not responsible for: (i) the availability or accuracy of such websites or resources or (ii) the content, products or services on these websites. Providing such links does not imply any endorsement by Zocal of such websites or the content contained therein.
12. Jurisdiction & Controlling Law
The Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law of your state or country of residence. All legal proceedings, claims, or litigation arising in connection with the services offered by Zocal will be brought solely in Alameda County, California and you consent to the jurisdiction of the venue in such courts by waiving any objection as to an inconvenient forum. Zocal makes no representations that the services offered are appropriate or available for use in other locations. Those who access or use the Zocal service from other jurisdictions do so of their own volition and are responsible for compliance with the local law.
13. Entire Agreement
b. We may revise the Terms from time to time. If the latest changes are of significant consequence, we shall notify you via an update when you log into Zocal or via the e-mail associated with your account. By continuing to access or use the services offered after those revisions become effective, you agree to be bound by the revised Terms.
c. The failure of Zocal to enforce any right or provision in these Terms will not be deemed a waiver of that right or provision.
d. In the event that any part of the agreement shall be found to be unenforceable by any judicial decree or decision, the remainder of the Agreement shall still be applicable.
e. Any amendment or waiver to this Agreement must be made in writing and approved by Zocal.
f. The rights and obligations in this Agreement are non-transferable to anyone else whatsoever, except with our consent.
g. We reserve the right to assign this Agreement or subcontract any or all of our rights and obligations under this Agreement in the event of a merger, acquisition, sale of assets or by the operation of the law. However, you may not, without the written consent of Zocal, assign or dispose of this Agreement.
h. This Agreement does not confer any third party beneficiary rights whatsoever.
i. Nothing in this statement shall prevent us from complying with the law.