Terms of Use

PLEASE READ THESE TERMS OF USE (THE “AGREEMENT”) THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you”, and “your” herein will refer to that entity, its directors, officers, employees, and agents.

INTRODUCTION

The Zodel Platform (as operated by Zodel, LLC) is a web- and app-based two-sided marketplace which enables connections between Clients and Talents. “Clients” are individuals and/or businesses seeking to obtain short-term gig, consulting, or other professional services as to be defined and agreed upon between Users (as defined below) from Talents (“Services”) and are therefore clients of Talents, and “Talents” are individuals or businesses seeking to perform Services for Clients. Clients and Talents together are hereinafter referred to as “Users.”  If you agree on the terms of a Service with another User, you and such other User form a Service contract directly between the two of you.

A few highlights of this Agreement include:

  • You must be at least the legally required age in the jurisdiction in which you reside (18 years old for U.S. based users), and otherwise capable of entering into binding contracts, in order to use or access the Platform.
  • Your acknowledgement that the technology for the Platform is provided “as is” and without warranty.
  • Your acknowledgement that Zodel provides no warranty and has no liability regarding User action on the Zodel Platform or the performance of Services.
  • Your acknowledgment that Zodel does not supervise, scope, direct, control, or monitor a Talent’s work and the Services performed.
  • Your acknowledgement that Clients are solely responsible for determining if the Talent they hire is qualified to perform the Service.
  • Your acknowledgement that Talents are independent contractors of Clients and not employees, independent contractors or service providers of Zodel.
  • Your agreement to hold harmless and indemnify Zodel from claims due to your use of or inability to use the Platform or content submitted from your account to the Platform.
  • Your agreement to not share your personal contact information with other Users and not circumvent the Zodel Platform for performing Services.

DEFINITIONS.  As used herein, the following definitions are hereby included within the Agreement:

Collective Content ” means User Content and Zodel Content together.

Content ” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.

User Content ” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages,  S ervices descr iptions,  and payments made through the Platform, but excluding Zodel Content and Feedback (as defined below).

Zodel Content ” means all Content Zodel makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.

MODIFICATIONS

Zodel reserves the right, in our sole discretion, to modify this Agreement, and any other documents incorporated by reference herein, at any time and without prior notice. Your use of the Platform after the modifications will constitute your consent to the modifications. If you do not agree, you may not access or use the Platform.

ELIGIBILITY, REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements.

By registering or using the Platform to offer, post, solicit or provide Services, you represent and warrant that you are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which you may be subject in the jurisdiction(s) in which you offer or solicit Services. You further agree to comply with all applicable laws in your use of the Platform and in regard to your use or disclosure of any personal information obtained from the Platform.

You agree to fulfill the commitments you make to other Users, and only utilize the third party payment service provider specified or approved by Zodel to make or receive payment for Services provided through the Zodel Platform (except as may otherwise be agreed upon in writing by Zodel). You also agree to act professionally and responsibly in your interactions with other Users.

In relation to User relations and performance pursuant to the Agreement, Zodel does not sell or otherwise provide Services (as such term is defined herein). Zodel may directly provide consultations and related on-Platform services to Clients and Talent, but any Services solicited as a result of any such consultations or on-Platform services are provided by an independent contractor without any representation or warranty from Zodel. Zodel also facilitates Service transactions, which facilitation may include displaying a list of Talent profiles, allowing Clients and Talents to send messages to each other, allowing for the booking of an appointment for the provision of Services (a “Booking”), assisting in the selection of a Talent for Clients, and processing payment for Services. Clients and Talents understand that any such facilitation does not constitute a warranty in relation to the Services. Talents understand and agree that using the Platform does not guarantee that anyone will engage them for Services. Clients understand that any Services they solicit and/or pay for using the Platform are solicited directly from the Talent providing such Services.

Talents understand and agree that they are customers of Zodel, and are not Zodel employees, contractors, consultants, joint venturers, partners, or agents. Talents acknowledge that they select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Zodel does not control, and has no right to control, the services a Talent provides (including the details of how the Talent provides such services) if the Talent is engaged by Client or any other person, except as expressly noted herein or on the Platform.

Zodel, as permitted by applicable laws, may obtain reports regarding Users, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel accounts based on the results of such a report, without or without notice. As Users, you agree and authorize us to use your personal information to obtain such reports from Zodel’s third-party vendors. Users agree to promptly inform Zodel of any material criminal convictions that occur after any such reports are run.

Users may be subject to a review process before they can register for and during the use of the Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate. Although Zodel may perform background checks or other methods of identity verification or the like, Zodel cannot confirm that any User is who they claim to be, does not warrant nor verify the relative value of the Services to be rendered, and Zodel cannot and does not assume any responsibility for the accuracy or reliability of background check information.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Zodel will not be liable for any false or misleading statements made by Users of the Zodel Platform nor for any non-conforming services or damages (including but not limited to personal or property damages) directly or indirectly caused by any User.

Notwithstanding anything to the contrary herein, and regardless of any solicitation or invitations that may be implied to any user, substance and drug use during bookings is strictly prohibited. The exchange of sexual acts for money is illegal and strictly prohibited by the agency, violations will result in immediate termination from the agency.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account (“Account”). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Zodel Account access. You are solely responsible for all activity that occurs on your Account, and you will notify Zodel immediately of any unauthorized use. Zodel is not liable for any losses by any party caused by an unauthorized use of your Account. You accept full liability for the losses of Zodel or others due to any unauthorized use of your account related to your failure to comply with these this Agreement. Your account is nontransferable, except with Zodel’s prior written approval.

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with this Agreement, Zodel grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in this Agreement. The Platform and Collective Content are provided to you as is. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Zodel or our licensors, except for the licenses and rights expressly granted in this Agreement.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. The contents of private messaging through the Platform will not be used by Zodel in public advertising. By making available any User Content on or through the Platform, you hereby grant to Zodel a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Platform or Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to Zodel will survive termination of the Platform or your Account. Zodel does not claim ownership rights in your User Content and nothing in these this Agreement will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Zodel the rights in such User Content, as contemplated under this Agreement; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Zodel’s use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While Zodel has no obligation to do so, you agree that Zodel may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in this Agreement.

Zodel reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of this Agreement or otherwise harmful to the Platform or Users, or for any other reason.

MARKETING AND PROMOTIONAL ACTIVITIES

Zodel may issue a press release, case study, and/or blog post that identifies User as a user of Services and details how Services were used.

PROHIBITIONS

As a User of the Platform, you may not:

  • Use another person’s Account, misrepresent yourself or Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
  • Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Zodel’s prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Zodel reserves the right to revoke these exceptions either generally or in specific cases);
  • Copy text, or otherwise misuse or misappropriate Platform information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site;
  • Take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Zodel or our Users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third-party, including privacy or publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed;
  • Use the Platform in any manner that circumvents, or that may be intended to circumvent, your obligation to pay Zodel for access to Services provided by the Platform or by Talent(s);
  • Collect usernames, email addresses, or other personal information of Users by electronic or other means;
  • Notwithstanding anything to the contrary contained in this Agreement, collect, harvest, publish, or “sell” any personal information (as that term is defined by the California Consumer Privacy Act and/or any similar law or regulation), including but not limited to information related to Users for any reason not explicitly authorized by this Agreement, including commercial solicitation purposes;
  • Violate any applicable laws or regulations;
  • Fail to comply with a User’s requests (including, those made on their behalf by Zodel) to no longer receive phone calls, text messages, e-mails or any other communications from you
  • Recruit, solicit, or contact in any form Users for employment or any other use not specifically intended by the Platform;
  • For the safety and integrity of the Zodel Platform, you should not share your personal contact information with other Users.
  • Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, defaming, intimating, misleading, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
  • Violate in any material respect any Zodel policies that govern your use of the Platform and our interactions with you and third-parties;
  • Advertise or solicit a Service not related to or appropriate for the Platform including, but not limited to any Service that (a) is not in supported categories; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Zodel; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; (i) offers a Service not reasonably available to a Consumer or other individual in that Consumer or individual’s location; or (h) is sexual in nature, reasonably determinable to be offensive or is otherwise illegal in the location of such it is advertised or solicited.
  • Submit User Content that damages the experience of any User including but not limited to (a) requests to download non-Zodel mobile applications and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on Zodel, (b) offer or solicit a Service or any other service outside of Zodel, or (c) using a profile page or User name to promote services not offered on or through the Platform;
  • Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
  • Fail to perform Services purchased from you as promised, unless the applicable Client fails to meet a material term of the applicable agreement for such Services (including by refusing to pay);
  • Seek to charge a Client for Services when payment has already been, or is scheduled to be, initiated through Zodel;
  • Engage in fraudulent conduct, including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods prohibited by Zodel;
  • Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
  • Agree to purchase a Service when you do not meet a Talent’s requirements;
  • Create more than one Client or Talent Zodel account without our written permission;
  • Circumvent, or seek to circumvent, payment through the Platform where payment through the Platform is indicated to you as mandatory or is initiated by a Client;
  • Fail to comply with any applicable laws or regulations related to your use of the Platform;
  • Share a Zodel account access across multiple individuals;
  • Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform;
  • Imply or state that any statements you make (whether on or off the Zodel platform) are endorsed by Zodel, without the prior written consent of Zodel; and
  • Attempt to indirectly undertake any of the foregoing.

PLATFORM REFERRALS

Zodel may offer certain referral programs to Users to incent User Platform participation which are subject to additional terms and conditions as can be viewed  here  (the “Zodel Referral Program Terms”).  Zodel reserves the right to modify such program terms and conditions at any time and without any express notice to you.

FEES, AND TAXES

Fees.  In connection with the use of Zodel’s Platform, Zodel may charge fees.  Client, and not Zodel, is responsible for payment for Services contracted for through the Platform.  Such Services payments must be made via Zodel’s authorized payment processing partner.  Zodel is not obligated to compensate Talent for any failure by Client to pay for Services.   Users can pay fees to Zodel in order to receive certain services on the Platform, including but not limited to receiving contacts, Bookings or payments from Clients or other individuals. As a Talent, Zodel will automatically charge your stored payment method or your Zodel account balance when those Clients or other individuals contact you or make a Booking with you concerning a Service that matches the targeting preferences you set with us. Zodel may also charge other types of fees that you have previously agreed to (for example, cancellation fees) to your stored payment method or as deduction from your Zodel balance, if applicable. Fees may also be deducted from the total amount a Client pays for a particular Service. In order to use Zodel, you must have at least one valid payment method stored on file. Except as otherwise described herein, all sales and fees on Zodel are final and non-refundable.

Default Payment Method. For ordinary charges from Talent, Zodel will first attempt to charge the default payment method. In the event that Zodel is unable to charge that payment method for any reason–including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being out of date, or payment method details being incorrect–you agree that Zodel may charge any other payment method associated with your account and take any other action to collect payment from you. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Services. If Zodel is unable to charge the default payment method, Zodel may attempt to charge any other payment methods associated with your Account in any order.

Additional User Fees. Zodel may also charge penalty Fees for fraud, misconduct, late payment or other violations of this Agreement, as determined in our sole discretion. In addition, Zodel may charge certain penalty Fees disclosed directly in the Platform, including cancellation Fees.

You agree to pay all applicable fees or charges based on the fee and billing terms then in effect, regardless of whether you have an active Account. Charges will be made to the payment method designated at the time you accrue a fee. If you do not pay on time or if Zodel cannot charge a payment method for any reason, Zodel reserves all rights permissible under law to recover payment plus all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment. If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.

If you cancel your Account at any time, you will not receive any refund. If you have a balance due on your Account, you agree that Zodel may charge such unpaid fees to any payment method or otherwise bill you for such unpaid fees.

Taxes. Payments required by this Agreement may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of or use of the Platform, and you will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Platform. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Zodel can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Zodel when Zodel includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to Users.

SMS TEXT MESSAGING COMMUNICATING

By signing up to use the Platform, you agree that Zodel, its agents, and Clients may use any automated or non-automated technology to send you informational and/or promotional text messages. Zodel does not charge you for its text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. Zodel may send you an initial message confirming that we have received your opt-in (registration). After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services. The number of text messages you receive may depend upon factors including how you use the Platform and whether you take steps to generate additional text messages from us. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.

TRACKING COMMUNICATIONS

In order to ensure appropriate charging of fees and compliance with this Agreement, Zodel may track the occurrence of communications between Clients and Talents that occur off of the Platform via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Client or Talent. In order to track the occurrence of such communications, Zodel may obscure Talent’s contact information in a Talent profile, replace Talent’s contact information in a profile with a different piece of contact information that will forward to the Talent, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the Zodel’s Platform unless we first obtain your permission.

If you send text messages with a Client or Talent using the telephone number for that User available on the Platform, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of fees, to enforce this Agreement, and for quality and training purposes. As part of this process, Zodel and our service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.

MOBILE APP AND UPDATES

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Zodel Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Zodel’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

MARKETPLACE PAYMENTS

The Zodel platform may facilitate payments between Clients and Talents for Services (“Marketplace Payments”) through our payment processing partners (a “PPP”), but Zodel is not a party to any such Marketplace Payments or any Services related thereto, and Zodel  has no obligations, responsibility or liability to any User or other party under the PPP Services Agreement (defined below) . Unless otherwise indicated, Marketplace Payments may be made for Services only; Marketplace Payments for tangible personal property is prohibited. By agreeing to this Agreement or continuing to operate as a Talent on the Platform, you hereby appoint Zodel to act as your agent for the limited purpose of facilitating and receiving Marketplace Payments on your behalf through our payment processing partners as contemplated herein. You acknowledge and agree that, subject to any rights you have pertaining to Marketplace Payment disputes, once a Marketplace Payment has been made through the Platform, the payment obligation of the payor User shall be deemed satisfied by the payee User upon receipt of the Marketplace Payment by Zodel; as though the payor User had made the Marketplace Payment directly to the payee User.

Zodel does not offer any professional services directly or indirectly unless specified in a separate written contract to which Zodel is a direct party. Any time a Client pays for or books Services on the Platform or receives a quote in connection with Services, such Client is contracting directly with the Talent offering such Service. Notwithstanding any facilitation of Booking or payment, you understand and agree that Zodel (i) does not sell, offer, provide or subcontract any Service and (ii) is not liable in any way for any Service or performance associated with such Service.

Notwithstanding Zodel’s role as a payment facilitator, each Talent who receives Marketplace Payments understands and agrees that they are obligated to perform the Service as outlined in their contract with the Client and work to remedy any material deviations from such contract.

Talents who receive Marketplace Payments from Clients on Zodel must agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively the “PPP Services Agreement”). Talents should never agree to receive a Marketplace Payment, or perform services in expectation thereof, before they have confirmed that they can comply with such PPP Services Agreement and, in particular, Talents should note that they will need a social security number or employer identification number in order to receive Marketplace Payments. As a Talent, by agreeing to this Agreement or continuing to operate as a Talent on Zodel, you agree to be bound by the PPP Services Agreement, as those agreements may be modified by Zodel’s PPP from time to time. As a condition of receiving payment processing services through PPP, you agree to provide Zodel with accurate and complete information about you, and you authorize Zodel to share this information and transaction information related to your use of the payment processing services provided by PPP. Talents also agree that Zodel may debit their associated PPP account in connection with disputes with Clients. Zodel reserves the right to process such debits and to withhold final payments until Zodel has investigated disputes. Zodel may make a final decision on disputes in their sole discretion and, as a Talent, you understand that all Marketplace Payments you may earn on the Platform are subject to such decisions. Additionally, Talents agree that Zodel may reverse payments that have been made to a Talent’s PPP account when a customer refund or guarantee payout is warranted, including in connection with such Talent’s actions or inactions that are prohibited by this Agreement.

As a Client making a Marketplace Payment, you agree to pay all amounts you owe when due using your preferred payment method. You further authorize Zodel to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments. You must keep all payment information you provide us up-to-date, accurate and complete. Do not share your payment card, bank account or other financial information with any other User. We take steps to secure all payment methods and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.

Subject to availability, Zodel may enable you to make Marketplace Payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorized in our sole and absolute discretion.

Subject to availability, if you choose your bank account as your Marketplace Payment method, you authorize Zodel or its payment processing partner to make Automated Clearing House (“ACH”) withdrawals from your bank account, and to make any inquiries we consider necessary to validate any dispute involving payments you make to us or to a User, which may include ordering a credit report and performing other credit checks or verifying the information you provide us against third-party databases. If offered, you authorize Zodel or our provider to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments. You also authorize the bank that holds your bank account to deduct any such payments in the amounts and frequency designated in your account. Your authorization will remain in effect until canceled in writing by you. You agree to notify us of any changes to your account information or termination of your authorization at least five days prior to your next payment.

If your full payment is not processed by us at the same time, you hereby authorize partial debits from your bank account, not to exceed the total amount of your order. You agree to pay any ACH fees or fines you or we incur associated with transactions you authorize. This return fee will vary based on which state you are located in. The return fee may be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us, including but not limited to User breach of the Non-Circumvention section (i.e., collection of Buyout Fees as defined below). You agree to pay all our costs, expenses and fees incurred for such action, including any reasonable attorneys’ fees. Federal law limits your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account based on how quickly you report it to your financial institution. You must report any fraudulent, erroneous or unauthorized transactions to your bank no more than 60 days after the disputed transaction appeared on your bank account statement. Please contact your bank for more information about the policies and procedures that apply unauthorized transactions and the limits on your liability.

MARKETPLACE PAYMENT DISPUTES: All requests for Marketplace Payment chargebacks, errors, claims, refunds and disputes (“Payment Disputes”) will be subject to review by Zodel in accordance with the rules applicable to the payment method you used to make the Marketplace Payment and will be in Zodel’s absolute discretion. Zodel is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process a valid written Payment Dispute request within 30 days after we receive it, unless a shorter period is required by law. You may file a Payment Dispute by emailing it to Zodel support at support@zodel.com. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to issue you any amounts you are owed. We will attempt to pay you any Payment Disputed amounts you are owed using the method with which you made the disputed payment, but we cannot guarantee that we will be able to do so if your payment method information is inaccurate, incomplete, or has been canceled.

If your actions result in, or are likely to result in, a Payment Dispute, a violation of this Agreement of Use or the creation of other risks to Zodel or our payment processing partners, or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our sole discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; (d) reverse or block any credits to your bank account; or (e) collect payment from you by any other lawful means.

If you fail to make Marketplace Payments you owe when due, or if Zodel is unable to charge one of your payment methods for any reason, Zodel reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees and related costs, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by Zodel or by anyone on our behalf, including but not limited to a third-party collections agent.

Zodel may, from time to time, place a hold on any of your payment methods in order to prevent failed payments or in order to reverse your Booking.

DISPUTES BETWEEN OR AMONG USERS

Zodel values our Talents and Clients, and we understand that occasionally disputes may arise between or among them, including but not limited Marketplace Disputes. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Zodel’s request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Zodel or a neutral third-party mediator selected by Zodel. Notwithstanding the foregoing, you acknowledge and agree that Zodel is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.

INTELLECTUAL PROPERTY RIGHTS

Zodel’s Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in this Agreement, Zodel and our licensors exclusively own all right, title, and interest in and to the Platform and Zodel Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Zodel used herein are trademarks or registered trademarks of Zodel, LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

FEEDBACK

By sending us any feedback, comments, questions, or suggestions concerning Zodel or our services, including our Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or -parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Zodel and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the Platform.

COPYRIGHT POLICY

We expect Users to respect copyright law. In appropriate circumstances, we will terminate the Account of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.

NON-CIRCUMVENTION OF THE PLATFORM

Except with required notice to Zodel and payment of the Platform Buyout Fee (described below), during the term of this Agreement and for twelve (12) months thereafter (the “Non-Circumvention Period”), Client will not, directly or indirectly, encourage, solicit, hire, or otherwise contract or engage for performance of services, any Talent who Client becomes aware of in connection with the Service or otherwise pursuant to this Agreement (“Restricted Talent”). Client also agrees that it will not refer Restricted Talent directly or indirectly to any related parties or affiliates, including without limitation, subsidiaries, parent companies, partnerships, holdings or investors except through the Zodel Platform and related services.

Subject to Client’s prior written notice to Zodel, a reasonable wind-down period, and full payment of the Platform Buyout Fee Client may, during the Non-Circumvention Period, opt to directly engage or employ Restricted Talent. The wind-down period is typically thirty (30) days, but may be reasonably adjusted by Zodel based on Talent’s then-existing commitments to Zodel and/or other Zodel clients.

For each Client-Hired Talent (as defined below), Client will, within three (3) days of hiring or engaging such Restricted Talent, pay a Platform Buyout Fee of ten thousand dollars ($10,000.00 USD) representing a reasonable estimate of Zodel expenses incurred to source, recruit, screen, and replace Talent. “Client-Hired Talent” means Restricted Talent hired as an employee or contractor of or otherwise engaged by Client during the Non-Circumvention Period. The Platform Buyout Fee is mutually agreed not to be a penalty or constraint upon the commercial activities or prospective employment of Client or Talent, only reasonable compensation for Zodel’s lost commercial investment in its Service in originally sourcing Client Hired Talent.

Additionally, Talent may not entice, solicit or encourage other Talent to engage in bookings with agencies other than Zodel. If you wish to book Talent that you have met through bookings with Zodel, you must contact an Zodel representative for prior written approval or book the Talent via the Platform or you may be charged a referral or booking fee in substantive accordance with this Non-Circumvention section if you fail to do so.

NO ENDORSEMENT OR WARRANTY

Zodel does not endorse, warrant or make any representation (except those expressly and unambiguously made by Zodel directly on the Platform) concerning any User, or any Services, and Zodel is not a party to any agreements between or among users, Users, or third-parties. Zodel does not perform Services and disclaims all liability with respect thereto. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s or User’s use of any part of the Platform, including but not limited to any scheduling or other services. Neither Zodel nor any Users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Users are required by this Agreement to provide accurate information, and although Zodel may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background, regardless of the specific Zodel services they are using or any involvement by Zodel personnel in providing or scheduling those services.

Talents are free to accept or reject Clients and projects. Talents are not penalized for rejecting Clients, projects or contracts, though if Talents accept a Client, project or contract through the Zodel Platform, they are expected to fulfill their contractual obligations to their client. Talents set their own rates for services performed in the Zodel general marketplace, without deduction by Zodel.  The Zodel Platform is not an employment agency service or business and Zodel is not an employer of any User.

Zodel may provide tips, lists, suggestions or similar content (collectively, “Tips”) concerning projects. Following Tips may help mitigate common safety issues, but Tips are not comprehensive, nor are they tailored to any User’s specific circumstances. Any advice given in connection with Tips is provided based on generalized, public knowledge concerning safety and is not provided by experts. Tips should be considered only in conjunction with User’s own evaluation and should never be construed as comprehensive. Zodel disclaims any warranties or representations with respect to Tips.

Any reference on the Platform or in any marketing to a User being licensed or credentialed in some manner, or “badged,” “vetted”, “top rated”, “best of,” “top,” “background checked” (or similar language) designations indicates only that the User has completed a relevant account process or met certain review standards, and does not represent anything else. Zodel does not background check every Talent that may provide Services. Any such description is not an endorsement, certification or guarantee by Zodel and is not verification of a User’s identity and whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise due diligence and care when deciding whether to have any interaction with any other User. Zodel has no responsibility for any damage or harm resulting from your interactions with other Users.

The Collective Content may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by Zodel. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third-parties will be limited to a claim against those particular Users or other third-parties. You agree not to attempt to impose liability on or seek any legal remedy from Zodel with respect to such actions or omissions.

NO AGENCY; NO EMPLOYMENT

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement, and Users hereby explicitly acknowledge that use of the Platform will not create any such arrangement.

SANCTIONS FOR VIOLATIONS OF THIS AGREEMENT

Without limiting any other rights, Zodel may, in our sole discretion, take any action permitted by law for any violation of this Agreement or any other policy or agreement between you and Zodel, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds (including by way of setoff of amounts processed or held by Zodel in connection with your use of the Platform), assessing monetary penalties or costs, terminating your Account, notifying other Users of the termination of your Account and/or the violation of this Agreement, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our sole discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your Zodel Account in whole or in part. If we exercise our discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Zodel support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Services canceled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the “Settings” link in your profile, clicking “Account,” and clicking “Deactivate Account.” Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews. Please see our Privacy Policy, incorporated herein by reference, for information regarding data deletion requests following Account termination.

DISPUTE RESOLUTION

Initial Dispute Resolution: Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Zodel’s support (contact: support@zodel.com), and good faith negotiations will be a condition to either party initiating a lawsuit or mediation.

Mediation.  If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through initial dispute resolution per above, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to litigation, or some other dispute resolution procedure.

GOVERNING LAW

This Agreement and the relationship between you and Zodel will be governed in all respects by the laws of the state of Nevada, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Zodel that is not resolved amicably or otherwise may be subject to mediation must be resolved by a court located in Clark County, Nevada, or a United States District Court, located in Las Vegas, Nevada. You agree to submit to the personal jurisdiction of the courts located within Clark County, Nevada or the United States District Court located in Las Vegas, Nevada, for the purpose of litigating all such claims or disputes that are not subject to mediation. You hereby waive any and all jurisdictional and venue defenses otherwise available.

DISCLAIMERS

YOUR USE OF THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ZODEL DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO TALENTS AND CLIENTS. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ZODEL AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. ZODEL MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ZODEL ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. ZODEL WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ZODEL OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CLIENTS, TALENTS. YOU UNDERSTAND THAT ZODEL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY SERVICES.

ZODEL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. ZODEL EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD-PARTIES.

ZODEL MAY PROVIDE TO USERS PHONE NUMBERS THAT OTHER USERS PROVIDE IN CONNECTION WITH A REQUEST. SUCH PHONE NUMBERS ARE NOT VERIFIED AND ZODEL MAKES NO REPRESENTATION OR WARRANTY AS TO THEIR VALIDITY.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ZODEL OR THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER ZODEL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZODEL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM.NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF ZODEL AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO ZODEL BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold Zodel and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of this Agreement; (b) your User Content; (c) your interaction with any User; (d) the solicitation or provision of any services in violation of any applicable laws, and (e) the request or receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.

Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction where the foregoing is prohibited, you only agree to release, defend, indemnify, and hold Zodel and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of this Agreement.

GENERAL

Force Majeure: Other than payment obligations, neither Zodel nor you will be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond your or our control and without your or our fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.

No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this Agreement.

Contacting You and Electronic Signature Consent: You agree that Zodel may provide you with notices, including those regarding changes to the Terms, by email, regular mail, SMS text message, or postings on the Platform. With your consent, Zodel, Clients, or other individuals may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Zodel, Clients, Talents, or other individuals you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to  support@zodel.com with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to  support@zodel.com with contact information and the address for delivery.

Entire Agreement: This Agreement, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Zodel on the Platform, will constitute the entire agreement between you and Zodel concerning the Platform or Services obtained through the Platform. Except as explicitly stated herein, if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Agreement, which will remain in full force and effect.

Waiver: No waiver of any provision of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Zodel’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.

Section Headings: The section headings in this Agreement are for convenience only and have no legal or contractual effect.

Contact Information: If you have any questions about this Agreement or the Platform, please contact us by sending an email to support@zodel.com.