Terms of Use Agreement
Last Updated: 3/7/2023
Welcome and thank you for your interest in Zed Industries, Inc. (“Zed”, “we” or “us”). These Terms of Use Agreement (“Terms of Use”), together with any applicable Supplemental Terms (as defined in Section 1.3) (collectively, with the Terms of Use, the “Agreement”) describe the terms and conditions that apply to your use of (i) the website located at https://zed.dev [and any of the Zed’s other websites on which a link to these Terms of Use appears] (collectively, the “Website”), (ii) any desktop application(s) that we offer subject to these Terms of Use (each, an “Application”), and (iii) the services or other resources available on or enabled via our Website or any Application, including our collaborative code editor software (“Tool”) available for you to download on your computer or on a hosted basis (collectively, with our Tool, Applications and Website, the “Service”).
PLEASE READ THIS AGREEMENT CAREFULLY. THESE TERMS OF USE GOVERN THE USE OF THE SERVICE AND APPLY TO ALL INTERNET USERS VISITING THE SERVICE. BY ACCESSING, OR USING THE SERVICE IN ANY WAY, INCLUDING BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE AND/OR DOWNLOADING THE APPLICATION OR THE TOOL, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ZED, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE THIS AGREEMENT, AND IN WHICH CASE, ALL REFERENCES TO “YOU” OR “YOUR” IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.
PLEASE BE AWARE THAT SECTION 14 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND ZED. AMONG OTHER THINGS, SECTION 14 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 14 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR 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 AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. 
PLEASE NOTE THAT The Agreement IS subject to change by Zed in its sole discretion at any time. When changes are made, Zed will make a new copy of the Terms of Use and/or Supplemental Terms, as applicable, available on the Website and within any affected Application. We will also update the “Last Updated” date at the top of the Agreement. If we make any material changes, and you have provided us an email address when creating an Account (as defined in Section 2.1 (Registering Your Account) below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Unless otherwise stated in such update, any changes to the Agreement will be effective immediately for new users of the Service and will be effective thirty (30) days after posting notice of such changes on the Website for existing Registered Users, provided that any material changes shall be effective for Registered Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 2.1 (Registering Your Account) below). Zed may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE. OTHERWISE, YOUR CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE(S). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1.	USE OF THE SERVICE. The Service and the information and content available on the Service are protected by copyright laws throughout the world. Unless otherwise specified by Zed in a separate license, your right to access and use any and all of the Service is subject to the Agreement.
1.1	Application License. Subject to your compliance with the Agreement, Zed grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, evaluate, and use a copy of the Application on a single computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. 
1.2	Tool License. Subject to your compliance with the Agreement and the limitations set forth in Section 5, Zed grants you a limited non-exclusive, non-transferable, non-sublicensable: (a) perpetual right and license to install and use the Tool on a single computer that you own or control and to run such copy of the Tool; and/or (b) right to access and use the hosted Tool, and in each case for the sole purpose of enabling you to use the Service in the manner permitted by the Agreement and in accordance with the documentation. In the event you choose to download the Tool, you may do so from the Website. Zed will not be obliged to use or deliver any tangible media in connection with the (y) delivery, installation, updating or problem resolution of any Tool (including any new releases); or (z) delivery, correction or updating of documentation. The Tool or other software offered by Zed as part of the Service may contain open-source software and may be offered under an open-source license that we will make available to you. There may be provisions in the open-source license that expressly override some of these terms.
1.3	Supplemental Terms. Your use of, and participation in, certain Service may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms shall control with respect to such Service. 
1.4	Updates. You understand that the Service are evolving. As a result, Zed may require you to accept updates to the Tool or Applications that you have installed on your computer. You acknowledge and agree that Zed may update the Service with or without notifying you. You may need to update third-party software from time to time in order to use the Service.  
1.5	Zed Communications. 
(a)	Generally. By entering into this Agreement or using the Service, you agree to receive communications from us, including via e-mail, text message, calls, and/or push notifications. Communications from us and our affiliated companies may include, but are not limited to: operational communications concerning your Account or the use of the Service, updates concerning new and existing features on the Service, communications concerning promotions run by us or our third-party partners, and news concerning the Zed and industry developments. 
2.	REGISTRATION.
2.1	Registering Your Account. In order to access certain features of the Service you may be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Website (“Account”), and/or has a valid account on certain other service (e.g., GitHub) (“SNS”) through which the user has connected to the Service (each such account, a “Third-Party Account”).
2.2	Access Through a SNS. To use some of the functionality of the Service, you will need to authenticate your Account with your GitHub Third-Party Account, by allowing Zed to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Zed and/or grant Zed access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Zed to pay any fees or making Zed subject to any usage limitations imposed by such third-party service providers. By granting Zed access to any Third-Party Accounts, you understand that Zed may access, make available and store (if applicable) any information, data, text, software, articles, applications, packages, designs, features, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“SNS  Content”) so that it is available on and through the Service via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content (as defined in Section 3.1 (Types of Content)) for all purposes of the Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Service. Please note that if a Third-Party Account or associated service becomes unavailable, or Zed’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Service.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND ZED DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Zed makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Zed is not responsible for any SNS Content.
2.3	Registration Data. In registering an account on the Website or authenticating your Account with your Third-Party Account, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You represent that you are (i) at least thirteen (13) years old; and (ii) not a person barred from using the Service under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Service by minors. You may not share your Account or password with anyone, and you agree to notify Zed immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zed has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Zed has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not use a Third-Party Account that you do not own or are not authorized to use to log in to create an Account. Zed reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if you have been previously removed by Zed, or if you have been previously banned from any of the Service.
2.4	Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Zed.
3.	RESPONSIBILITY FOR CONTENT.
3.1	Types of Content. You acknowledge that all Content, including the Service, is the sole responsibility of the party from whom such Content originated. This means that you, and not Zed, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Service (“Your Content”), and that you and other Registered Users of the Service, and not Zed, are similarly responsible for all Content that you and they Make Available through the Service (“User Content”).
3.2	Storage. Unless expressly agreed to by Zed in writing elsewhere, Zed has no obligation to store any of Your Content that you Make Available on the Service. Zed has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. Certain Service may enable you to specify the level at which such Service restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Zed retains the right to create reasonable limits on Zed’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Zed in its sole discretion. 
4.	OWNERSHIP.
4.1	The Service. Except with respect to Your Content and User Content, you agree that Zed and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, concepts, objects, artwork, text, data, articles, images, photographs, graphics, applications, packages, designs, features, methods of operation, moral rights, documentation, and Zed software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any the Service.
4.2	Trademarks. Zed Industries and all related graphics, logos, service marks and trade names used on or in connection with any the Service or in connection with the Service are the trademarks of Zed and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
4.3	Your Content. Zed does not claim ownership of Your Content. However, when you as a Registered User post or publish Your Content on or in the Service, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. 
4.4	License to Your Content. Subject to any applicable account settings that you select, you grant Zed a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Service to you and to our other Registered Users. Please remember that other Registered Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Service or . You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Zed, are responsible for all of Your Content that you Make Available on or in the Service. 
4.5	Performance Data. You hereby grant Zed a perpetual, irrevocable, non-exclusive, transferable, freely sublicensable license to collect, analyze, use and exploit aggregated non-personally identifiable data related to the provision and performance of the Service, and your use of the Service (“Performance Data”) in any manner, including without limitation to operate and improve the Service and other Zed’s products and services.
4.6	Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Service, you hereby expressly permit Zed to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
4.7	Feedback. You may from time to time provide Zed suggestions or comments for enhancements or improvements, new features or functionality or other feedback with respect to the Service (“Feedback”). Zed will have full discretion to determine whether or not to proceed with the development of any requested enhancements, improvements, new features or functionality. You hereby grant to Zed a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, fully sublicensable and transferable right and license to use the Feedback for any purpose, including without limitation to incorporate the Feedback into any of Zed’s products and services, and otherwise exploit the Feedback without restriction; provided, however that in no event shall Zed identify you publicly without your prior approval.  You represent and warrant that you have all rights necessary to submit the Feedback. 
5.	USER CONDUCT AND CERTAIN RESTRICTIONS. As a condition of use, you agree not to use the Service for any purpose that is prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third party) to: (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of the Service, or otherwise offer access to the Service to a third party other than authorized users; (b) frame or utilize framing techniques to enclose any trademark, logo, or other Service (including images, text, page layout or form) of Zed; (c) use any metatags or other “hidden text” using Zed’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) remove or destroy any copyright notices or other proprietary markings contained on or in the Service; (g) circumvent or otherwise interfere with any authentication or security measures of the Service, or otherwise interfere with or disrupt the integrity or performance of the Service; (h) use or access the Service to develop a product or service that is competitive with the Service or engage in competitive analysis or benchmarking; (i) create, derive, access, inspect or permit or assist any third party to create, access, inspect or derive data or datasets in the Service other than through designated GUI / SDK / API end points or the source code to any software composing the Service; (j) transmit unlawful, infringing or harmful data or code, or any data or code that you are not authorized to transmit, either to or from the Service; or (k) take any action or (l) Make Available any Content on or through the Service that: (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (ii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iii) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Zed’s prior written consent; (iv) impersonates any person or entity, including any employee or representative of Zed; or (v) interferes with or attempts to interfere with the proper functioning of the Service or uses the Service in any way not expressly permitted by this Agreement. Without limiting the foregoing, except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section. Any future release, update or other addition to the Service shall be subject to the Agreement. Zed, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of the Service terminates the licenses granted by Zed pursuant to the Agreement.
6.	INVESTIGATIONS, MONITORING, & NO OBLIGATION TO PRE-SCREEN CONTENT. Zed may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including Your Content and User Content, at any time. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Zed pre-screens, refuses or removes any Content, you acknowledge that Zed will do so for Zed’s benefit, not yours. 
Without limiting the foregoing, Zed reserves the right to: (a) remove or refuse to post any of your Content for any or no reason in our sole discretion; (b) take any action with respect to any of your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for the Zed; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Service or if Zed otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of this Agreement. Upon determination of any possible violations by you of any provision of the Agreement, Zed, may, at its sole discretion immediately terminate your license to use the Service, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
If Zed believes that criminal activity has occurred, Zed reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service, including Your Content, in Zed’s possession in connection with your use of the Service, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Zed, its Registered Users or the public, and all enforcement or other government officials, as Zed in its sole discretion believes to be necessary or appropriate.
7.	INTERACTIONS WITH OTHER USERS.
7.1	User Responsibility. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact through the Service; provided, however, that Zed reserves the right, but has no obligation, to intercede in such disputes. You agree that Zed will not be responsible for any liability incurred as the result of such interactions.
7.2	Content Provided by Other Users. The Service may contain User Content provided by other Registered Users. Zed is not responsible for and does not control User Content. Zed does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Registered Users at your own risk.
8.	NO FEES. Company does not currently charge a fee for its Service. However, it reserves the right to charge such fees in the future.
9.	DISCLAIMER OF WARRANTIES AND CONDITIONS.
9.1	As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ZED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
(a)	ZED PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
(b)	ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
(c)	THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. ZED MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE.
(d)	NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ZED OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
(e)	From time to time, Zed may offer new “beta” features with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Zed’s sole discretion. The provisions of this section apply with full force to such features or tools.
9.2	No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT ZED PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ZED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
9.3	No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT ZED DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS. ZED MAKES NO WARRANTY THAT THE GOODS OR SERVICE PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ZED MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICE.
9.4	Third-Party Materials. As a part of the Service, you may have access to materials that are hosted by another party. You agree that it is impossible for Zed to monitor such materials and that you access these materials at your own risk.
10.	LIMITATION OF LIABILITY.
10.1	Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL ZED PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICE, IN EACH CASE WHETHER OR NOT ZED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A ZED PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A ZED PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A ZED PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. 
10.2	Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, ZED PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO Zed by you (if any) during the one-month period prior to the act, omission or occurrence giving rise to such liability; (b) $100; or (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A ZED PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A ZED PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A ZED PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.3	User Content. EXCEPT FOR ZED’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE ZED’S PRIVACY POLICY, ZED ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
10.4	Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10.5	Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZED AND YOU.
11.	PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is Zed’s policy to terminate membership privileges of any Registered User who repeatedly infringes copyright upon prompt notification to Zed by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Service of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Zed’s Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Manager, 4425 NE 34th Ave, Portland OR 97211.
12.	TERM AND TERMINATION. 
12.1	Term. The Agreement commences on the earlier of: (a) the date you first used the Service or the date when you accept the Agreement (as described in the preamble above), and will remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Agreement.
12.2	Termination of Service by Zed. If you have materially breached any provision of the Agreement, or if Zed is required to do so by law (e.g., where the provision of the Website, the Application, the Tool or the Service is, or becomes, unlawful), Zed has the right to, immediately and without notice, suspend or terminate any Service provided to you. You agree that all terminations for cause shall be made in Zed’s sole discretion and that Zed shall not be liable to you or any third party for any termination of your Account.
12.3	Termination of Service by You. If you want to terminate the Service provided by Zed, you may do so by (a) notifying Zed at any time and (b) closing your Account for all of the Service that you use. Your notice should be sent, in writing, to Zed’s address set forth below. 
12.4	Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Service may involve deletion of Your Content associated therewith from our live databases. Zed will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Service, including without limitation, ownership provisions, performance data rights, warranty disclaimers, and limitation of liability.
12.5	No Subsequent Registration. If your registration(s) with, or ability to access, the Service or any other Zed community, is discontinued by Zed due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Service or any Zed community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Service to which your access has been terminated. In the event that you violate the immediately preceding sentence, Zed reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
13.	INTERNATIONAL USERS. The Service can be accessed from countries around the world and may contain references to Service and Content that are not available in your country. These references do not imply that Zed intends to announce such Service or Content in your country. The Service are controlled and offered by Zed from its facilities in the United States of America. Zed makes no representations that the Service are appropriate or available for use in other locations. Those who access or use the Service from other countries do so at their own volition and are responsible for compliance with local law.
14.	ARBITRATION AGREEMENT. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Zed and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 
14.1	Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Zed agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or the Terms of Use and prior versions of the Terms of Use, including claims and disputes that arose between us before the effective date of these Terms of Use (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Zed may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Zed 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). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms of Use as well as claims that may arise after the termination of these Terms of Use. 
14.2	Informal Dispute Resolution. There might be instances when a Dispute arises between you and Zed. If that occurs, Zed is committed to working with you to reach a reasonable resolution. You and Zed agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Zed therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
14.3	The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Zed that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to hi@zed.dev or regular mail to our offices located at 2590 Welton Street Ste. 200 PMB 1916, Denver, CO 80205. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and 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 Conference process required by this section.
14.4	Waiver of Jury Trial. YOU AND ZED HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Zed are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the section entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review. 
14.5	Waiver of Class and Other Non-Individualized Relief. YOU AND ZED AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 14.9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 14.9 entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Zed agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Colorado. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Zed from participating in a class-wide settlement of claims.
14.6	Rules and Forum. The Term of Use evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Zed agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. 
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 
Unless you and Zed otherwise agree, or the Batch Arbitration process discussed in Section 14.9 is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. 
You and Zed agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. 
14.7	Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Colorado and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 14.9 is triggered, the AAA will appoint the arbitrator for each batch.
14.8	Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the section entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the section entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such section entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the section entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the section entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
14.9	Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Zed need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. 
14.10	Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Zed agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Zed by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Zed.
You and Zed agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
14.11	30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 2590 Welton Street Ste. 200 PMB 1916, Denver, CO 80205, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Zed account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
14.12	Invalidity, Expiration. Except as provided in the section entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Zed as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
14.13	Modification. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Zed makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Zed at 2590 Welton Street Ste. 200 PMB 1916, Denver, CO 80205, your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms of Use and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or these Terms of Use, the provisions of this Arbitration Agreement as of the date you first accepted the Terms of Use (or accepted any subsequent changes to these Terms of Use) remain in full force and effect. Zed will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms of Use.
15.	THIRD-PARTY SERVICE.
15.1	Third-Party Websites, Applications and Ads. The Service may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”) (collectively, the “Third-Party Services”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the Service and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Zed. Zed is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Zed provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. 
(a)	Sharing Your Content and Information Through Third-Party Services. Zed may provide tools through the Service that enable you to export information, including Your Content, to or from Third-Party Services, including through features that allow you to authenticate or link your Account with or through an SNS account, or through our implementation of third-party buttons or other functionality =. By using one of these tools, you agree that Zed may transfer that information to the applicable Third-Party Service. Zed is not responsible for any Third-Party Service’s use of your exported information. 
16.	GENERAL PROVISIONS.
16.1	Electronic Communications. The communications between you and Zed may take place via electronic means, whether you visit the Service or send Zed e-mails, or whether Zed posts notices on the Service or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Zed in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Zed provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
16.2	Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Zed’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
16.3	Force Majeure. Zed shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. 
16.4	Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Service, please contact us at: hi@zed.dev.  We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
16.5	Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Zed agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Denver, Colorado.
16.6	Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of COLORADO, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the AGREEMENT.
16.7	Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. 
16.8	Notice. Where Zed requires that you provide an e-mail address, you are responsible for providing Zed with your most current e-mail address. In the event that the last e-mail address you provided to Zed is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Zed’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Zed at the following address: 2590 Welton Street Ste. 200 PMB 1916, Denver, CO 80205. Such notice shall be deemed given when received by Zed by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
16.9	Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.10	Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
16.11	Export Control. You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Zed are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Zed products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16.12	Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
16.13	Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.