TERMS OF SERVICE


Updated March 15, 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

These terms and any policies incorporated by reference herein (collectively, the “Agreement”) are a binding contract between you and Zero260, Inc. (“Zero260”). By checking the appropriate box indicating that you agree during registration or download, or by otherwise accessing the Zero260 website, services, domains, products, content, and applications (collectively, the “Services”), you hereby signify your agreement to the following terms and conditions and any policies referenced herein (collectively, the “Agreement”).

PLEASE READ SECTION 11.16 BELOW CAREFULLY. SAID SECTION AFFECTS YOUR LEGAL RIGHTS WITH REGARD TO ANY DISPUTES BETWEEN YOU AND ZERO260.
  1. THE SERVICE
  2. 1.1

    Service Description: Zero260 provides a vehicle marketplace platform, where you may post and access listings of vehicles (each a “Vehicle”) that are for sale by other users (collectively, the “Services”). The Services are provided to you (referred to herein as “you”, “your”, and the “User”) via the internet as a software as a service (“SaaS”). Zero260 may change the Services and the functionality provided thereby at its sole discretion without notice at any time.

    THE SERVICES ARE PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND.

    ZERO260 IS NOT AN AUTOMOBILE BROKER, DEALER, OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE SERVICES. ZERO260 HAS NEVER: (I) HELD TITLE FOR ANY VEHICLE LISTED ON THE SERVICES, (2) INSPECTED ANY VEHICLE LISTED ON THE DIGITAL SERVICES, OR (3) HAD ANY VEHICLE LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.

    Zero260 shall have no responsibility, liability, or obligation with respect to any vehicle (each a “Vehicle”) listed or otherwise made available via the Zero260 marketplace (the “Marketplace”), including but not limited to with respect to the physical condition of a Vehicle or the state of its title. The user who lists a Vehicle (the “Seller”) shall be solely responsible therefor and any claims, liabilities, damages, or obligations arising therefrom.

    The Seller is solely responsible to the buyer of the goods therein (the “Buyer”) for ensuring that any of that any vehicles (and their related materials) promoted, offered for sale, or otherwise described in their listings, are as described. You have no claim against Zero260 for any failure of any vehicle (or related material) to meet any description, expectation, or warranty of any kind.

  3. AUCTION LISTING AND DIRECT OFFER TERMS.
  4. 2.1

    Seller Listings: Seller shall be solely responsible for the contents of any Seller listing, and hereby warrants its completeness and accuracy. Seller agrees that Zero260 may assist in the editing of the copy and formatting of the contents of the listing. Seller may not deactivate or otherwise remove the listing once it has started.

    Zero260 shall require a copy of your federally issued identification that matches the information of the owner of the Vehicle on its title prior to allowing your listing.

    Zero260 shall have sole discretion to reject or remove any listing for any reason or no reason, at any time, by providing written notice thereof (e-mail notice being sufficient). Seller may not remove any listing for any reason for seven (7) days from the date the listing becomes active.

    Seller listings shall be in an auction format, whereby other Users may place bids on the Vehicle.

    Bids cannot be retracted, reduced, deleted, or canceled for any reason whatsoever once placed.

    For no-reserve listings and reserve listings where the high bid meets or exceeds the reserve, at the listing’s conclusion, the Seller shall sell the Vehicle to the high bidder (the “Buyer”) and the Buyer shall purchase the Vehicle from the Seller, within five (5) business days thereof.

    2.2

    Reserve Shortfall Coverage: Notwithstanding anything to the contrary herein, in any instance where the reserve is not met Zero260 may, at its sole discretion, elect to cover the shortfall between a high bid and the reserve (the “Shortfall”), causing the sale between Seller and the high bidder to go through. Should Zero260 elect to do so, it will notify Seller, Seller shall sell the Vehicle to the high bidder (the “Buyer”), and the Buyer shall purchase the Vehicle from the Seller for the high bid; and Zero260 shall remit payment in the amount of the Shortfall to Seller via the method mutually agreed thereby, all within five (5) business days thereof.

    2.3

    Responsibility of Buyer and Seller. Bidders are solely responsible for performing all due diligence prior to placing a bid.

    Buyer and Seller shall be solely responsible for arranging for the proper and legal transfer of the Vehicle, and any associated payment, insurance, financing, shipment, or other undertaking arising therefrom or related thereto. Zero260’s sole obligation shall be to offer the technological platform that allows the exchange of information that enables the transaction between Buyer and Seller. Zero260 shall have no liability arising therefrom or related thereto.

    Zero260 will have referrals on their website for companies that provide services such as financing, shipping, escrow, and insurance and may receive a fee for referrals. However, Zero260 is in no way responsible for any act or omission of these providers. Although using an escrow company may limit some risks of the transaction, it does not eliminate it.

    2.4

    Direct Offer Listings. For reserve listings, should the high bid fail to meet the reserve, Seller shall have the option of moving the listing from an auction format to a direct offer format (a “Direct Offer Listing”). Direct Offer Listings will display the high bid of the auction format and allow Users to make offers for the Vehicle.

    Seller and Zero260 shall mutually agree on a reserve for Direct Offer Listings.

    Potential buyers may bid on the Vehicle. Where the bid meets or exceeds the reserve Seller shall sell the Vehicle to the high bidder (the “Buyer”) and the Buyer shall purchase the Vehicle from the Seller, within five (5) business days thereof. Where the bid does not meet the reserve, Seller shall notify the bidder of acceptance or rejection of the bid within five (5) business days; with failure to do so resulting in rejection of the bid. Upon Seller’s acceptance of the bid, Seller shall sell the Vehicle to the bidder (the “Buyer”), and the Buyer shall purchase the Vehicle from the Seller, within five (5) business days thereof.

    Seller may present counteroffers to bidders who place bids that fail to meet the reserve on Direct Offer Listings. Upon such counteroffer, bidder shall notify the Seller of acceptance or rejection of the offer within five (5) business days; with failure to do so resulting in rejection of the offer. Upon bidder’s acceptance of the bid, Seller shall sell the Vehicle to the bidder (the “Buyer”), and the Buyer shall purchase the Vehicle from the Seller, within five (5) business days thereof.

    2.5

    Bidding. All auctions shall start with a minimum bid amount of $100. Minimum bid increments for auctions shall be in accordance with the table below.

    Current High BidMinimum Bid increment
    $100 - $25,000$100
    $25,001 - $50,000$250
    $50,001+$500

    Bids are not proxy bids and are for the actual amount entered. Zero260 will not automatically increment your bid to beat the next highest bid, and will instead set the current high bid to the amount entered. E.g., if the current high bid is $10,000 and the bidder enters $12,000, Zero260 recognizes $12,000 as the current bid, not $10,000 plus $100 minimum increment ($10,100).

  5. FEES AND ADDITIONAL TERMS.
  6. 3.1

    Payment of Fees. All fees shall be paid via credit card and processed by Stripe, Inc. (“Stripe”; see www.stripe.com), Zero260’s third-party payment processor. Zero260 does not store any of your financial or credit card information. The storage of your financial and credit card information is subject to Stripe’s terms of service. You shall be responsible for all applicable taxes due in connection with your use of the Service.

    3.2

    Listing Fees. For auction listings with no reserve, Seller shall pay a per-listing fee of $49; to be paid upon Seller’s listing being approved by Zero260.

    3.3

    Per Bid Fees. Upon your placement of a bid on a listing, a hold shall be put on your credit card in the amount of the Winning Bid Fee (as defined below). If your bid is successful (is the high bid in a no-reserve auction, or an auction or Direct Offer Listing where the reserve has been met; or is otherwise accepted by Seller), your credit card will be charged the Winning Bid Fee. If your bid is not successful, the hold will be released. The hold may be maintained for the duration of the auction.

    The “Winning Bid Fee” shall be 5% of the final bid with a minimum $250 fee and a maximum fee of $5,000.

    Notwithstanding the foregoing, for Direct Offer Listings described in Section 2.4, the Winning Bid Fee shall be 5% of the final bid, with a minimum $250 fee and a maximum fee of $5,000.

    3.4

    Exclusivity. Once the listing starts, Seller may not offer or otherwise advertise the Vehicle for sale on any other platform, website, or medium, unless the offer or advertisement specifically states that the Vehicle is currently listed on Zero260.

    3.5

    Vehicle Pricing. Prices listed for Vehicles are set by the Sellers. Listed prices may exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, emission testing charges, and any other fees required by law. A Seller may add any or all of the foregoing or any other taxes and fees to the listed price when calculating the final sale price to charge a Buyer.

  7. TERMINATION.
  8. 4.1

    Termination. Zero260 may suspend or otherwise terminate your access to the Service: (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) if we no longer offer any of the Services you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in Zero260’s sole and absolute discretion. Such termination of the Service will not affect any of Zero260’s rights or your obligations arising under this Agreement prior to termination.

  9. OWNERSHIP AND LICENSE GRANTS.
  10. 5.1

    Ownership. Zero260 owns all worldwide right, title and interest in and to the SaaS, the Services, all of their underlying technologies, all derivatives thereof, and all worldwide intellectual property rights therein. Except as expressly described herein, this Agreement does not grant you any intellectual property license or rights in or to the Service, the Services, any of their components, or any trademarks, service marks, or other intellectual property of Zero260.

    5.2

    3rd Party Services and Marks. All rights with respect to the marks, trade names, and/or service names of any third-party reproduced in providing the Services shall remain with said third-party. Said marks are used solely in a descriptive manner to actually reference said third-party’s services.

    5.3

    Internal Use Only. Subject to the terms herein, Zero260 grants you a non-exclusive, limited, non- transferable, non-sublicensable, revocable license to use the Services solely for your internal, personal, private, and non-commercial use. You shall not redistribute, or otherwise make the Services available to any third-party. All rights not expressly granted to you are reserved.

  11. YOUR USE OF THE SERVICE.
  12. 6.1

    Minimum Age Requirement. No individual under the age of majority in their jurisdiction may use the Service or supply us with their personal information. You otherwise may only use the Service if you can form a binding contract with Zero260 and are not legally prohibited from using the Service.

    6.2

    Account Credentials. You shall use no less than reasonable efforts to maintain the security of your Service credentials. You agree not to transfer your account to any third-party. You shall be solely responsible for use of your credentials and/or your account by any third-party. You must notify Zero260 upon becoming aware of any breach or suspected breach of the security of your account. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in this Agreement and bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

    6.3

    Accurate Information. You agree to keep your personal information accurate and complete. Misrepresentation of your identity or the ownership of the account information used with the Services shall be a material breach of the terms herein and may be a violation of applicable law.

    6.4

    Appropriate Conduct. You hereby warrant and agree that you shall not: a.) use the Services for any illegal or unauthorized purpose; b.) use the Services in any way that violates any applicable law, regulation, legislation, or other applicable rules of any governing body; c.) modify, adapt, hack, or reverse engineer the Services; d.) engage in any activities that would create a false association with the Services; e.) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor the Services or any portion thereof without Zero260’s prior written consent; or f.) transfer or resell the Services.

    6.5

    User Content. You are solely responsible for any data, text, information, graphics, photos, profiles, audio clips, video clips, links, or other content (collectively, “User Content”) that you submit, post, display, or otherwise make available via the Services, by posting them on forums or in listings, sending them to other users via direct message, or otherwise. You warrant that you possess all necessary ownership rights and/or license grants necessary to use User Content in such manner and for its reproduction and display via the Services, and that it meets all applicable local, state, provincial, national and other laws, rules and regulations.

    You shall indemnify Company against any action or claim that such use of User Content infringes or misappropriates the intellectual property rights of any third-party. You retain ownership of all intellectual property rights in your User Content, and third-parties retain all ownership of all intellectual property rights in their User Content.
    6.6

    License Grant to Zero260. When you transfer User Content to Zero260 or to third-parties through the Service (or otherwise post said content to the Service), you give Zero260 and its designees a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable, transferable, perpetual right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of such User Content. The rights you grant in this license are for the limited purpose of operating the Service in accordance with its functionality, improving the Service and any Zero260 products, and allowing Zero260 to develop new products and Services.

    You also agree that this license includes the right for Zero260 to make all User Content available to third parties selected by Zero260 so that those third parties can distribute and/or analyze such User Content on other media and services. For example, we may license a feed of already-publicly-available User Content to a partner, similar to how Twitter makes feeds available through its streaming API.

    Note also that this license to your User Content continues even if you stop using the Service, or terminate this Agreement, primarily because of the social nature of User Content shared through the Service – when you post something publicly, others may choose to repost or comment on it, making your User Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others.

    Always remember: When you make something publicly available on the Internet, others can copy and share it, meaning it could become practically impossible to take down all copies of it

    6.7

    Third-Party Content and Services. You acknowledge and agree that content and links that you come across via the Services may be provided by third-parties and may include and point to content outside of Zero260’s control (“Third-Party Content”). Zero260 shall have no liability whatsoever for any such Third- Party Content, or any third-party fees you may incur by accessing such Third-Party Content, and you hereby release Zero260 from any claims related to or arising therefrom. Third-Party Content includes, but is not limited to, all content posted by other users, all links posted by other users, and any Content sold or otherwise made available via the Marketplace.

    6.8

    Other Use Restrictions. You agree that you will use the Services for your own internal personal use only. You will not: a.) allow third-parties to exploit the Services; b.) provide Services passwords or other login information to any third-party; c.) share non-public Services features or content with any third-party; or d.) access the Services in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Services, or to copy any ideas, features, functions or graphics of the Services.

    6.9

    Consent to Messages. You hereby consent to continue to receive from Zero260 and other users of the Service, Services related messages, marketing, and/or advertising for additional services, events, affiliate products, and services through the mediums of electronic mail, printed mails, phone calls, text messages (carrier fees may apply), and/or social media messages. You may opt-out of future marketing and advertising from Zero260 at any time through either express written notice, or by clicking on the applicable unsubscribe links contained in any such material.

    6.10

    Administration of Forums and Messages. You understand that you have no expectation of privacy with respect to messages sent and/or received via the Service. Zero260 may, at its sole discretion, lock, delete, or otherwise make inaccessible any forum post, direct message, or other Third-Party Content.

  13. CUSTOMER DATA AND PRIVACY.
  14. 7.1

    Use of Personal Data. Personally identifiable information collected about you by the Services is treated in accordance with the Privacy Policy which is hereby incorporated into this Agreement by reference. If you do not agree to this Agreement or the Privacy Policy, you must immediately cease use of the Services. Notwithstanding anything to the contrary in the foregoing or within the Privacy Policy, to the extent permissible by applicable law, Zero260 may use such personally identifiable information at its discretion for the purposes of customizing and optimizing the Services for you and in order to improve and add functionality to the Services.

  15. WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY.
  16. 8.1

    Warranty Disclaimer. The Services are provided to you without warranty of any kind, whether express or implied. ZERO260 SPECIFICALLY EXCLUDES AND DISCLAIMS WARRANTIES OF NONINFRINGEMENT, TITLE, THE WARRANTY OF MERCHANTABILITY, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

    8.2

    Damages Limitation. IN NO EVENT SHALL ZERO260 BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, COSTS OF CAPITAL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DOWNTIME COSTS, LOSS OR IMPAIRMENT OF DATA AND OTHER BUSINESS LOSS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER ZERO260 KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.

    8.3

    Limitation of Liability. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ZERO260 TO YOU ON WHATEVER BASIS, EXCEED THE TOTAL OF FEES RECEIVED BY ZERO260 FROM YOU DURING THE 6-MONTH PERIOD PRECEDING THE ACTION GIVING RISE TO THE CLAIM.

    TO THE EXTENT THE LAWS OF YOUR JURISDICTION DO NOT PERMIT THE LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICE AS DESCRIBED HEREIN, YOU AGREE THAT ZERO260 DISCLAIMS ALL LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

    8.4

    Risk Allocation. The provisions herein allocate risks of loss or failure between you and Zero260. The provisions contained in this Agreement reflect this allocation of risk and the disclaimer and limitations of liability contained herein.

  17. RIGHTS OF ZERO260.
  18. 9.1

    Changes to the Service. Zero260 may, at its sole discretion, change or remove some or all of the SaaS or Services at any time. Zero260 reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that Zero260 will not be liable to you for any loss of availability of the Service, interruption of the Services, delay, or failure to perform.

    9.2

    Change to the Agreement. Zero260 reserves the right to amend this Agreement at any time. If amendments constitute a material change to the Agreement, to be determined at the sole discretion of Zero260, Zero260 will notify you via e-mail or via a conspicuous notice on the Services.

    9.3

    Refusal of Service. Zero260 reserves the right to refuse service to anyone for any reason at any time. Zero260 may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability for any reason, including if in Zero260’s sole determination you violate any provision of this Agreement, or for no reason.

    9.4

    Trademarks. All Zero260 graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks of Zero260. Zero260 reserves all rights in said trademarks and service marks and no rights therein are granted or transferred hereunder. You shall not use any of Zero260’s trademarks or service marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

  19. INDEMNIFICATION.
  20. 10.1

    Indemnity. You agree to indemnify and hold harmless Zero260, its subsidiaries, Affiliates, officers, directors, agents, and employees (collectively, the “Indemnitees”), harmless from any claim, loss, damage, demand, or liability (including attorney’s fees; collectively, “Claims”) arising out of or related to your use of the SaaS or the Services, your violation of any law or the rights of any third-party, or your breach of any term or warranty within this Agreement.

    “Affiliate” means, with respect to any entity, any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such entity, and the term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities, by contract, or otherwise.

  21. GENERAL.
  22. 11.1

    Governing Law. This Agreement shall in all respects be interpreted, construed in accordance with and governed by the laws of the State of California. The Parties specifically exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable.

    11.2

    Venue and Jurisdiction Provisions. Subject to the dispute resolution clause in Section 11.16 below, in the event of any litigation between the Parties, the Parties agree that the sole and exclusive venue and jurisdiction for any such action shall be in the courts of competent jurisdiction located in Santa Barbara, CA. The Parties agree that the above referenced courts shall have personal and exclusive jurisdiction over the Parties for any dispute arising out of this Agreement.

    11.3

    Severability. In the event that any one or more of the provisions of this Agreement is for any reason held to be illegal or unenforceable in any respect, such illegality or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.

    11.4

    Force Majeure. Except with respect to the payment of fees due, neither party will be liable for any failure to perform due to unforeseen circumstances or causes beyond such party’s reasonable control, including, without limitation, acts of God, pandemic, war, riot, acts of civil or military authorities, delay in delivery by vendors, fire, flood, accident, strikes, inability to secure communication or transportation facilities or labor or materials. In the event of a force majeure event, such party’s time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby.

    11.5

    Entire Agreement. This Agreement is the entire agreement between the Parties and supersedes all proposals, all prior agreements, commitments, oral or written, and all negotiations, conversations or discussions between the Parties relating to this Agreement.

    11.6

    Modifications. Zero260 may modify the terms of this Agreements at its sole discretion. Upon any material modification thereof, Zero260 shall provide you with conspicuous notice thereof. Should you disagree with such changes, your sole recourse shall be to terminate your use of the Service. Your continued use of the Service shall signify your agreement to any such modifications.

    11.7

    Headings. Headings included in this Agreement are for convenience only and are not to be used to interpret the provisions of the Agreement between the Parties.

    11.8

    Assignment. You may not assign or delegate the rights and obligations of this Agreement without the prior express written permission of Zero260. Zero260 may unilaterally assign or delegate the rights and obligations of this Agreement at its sole discretion. The terms of this Agreement shall be binding upon and inure to the benefit of the Parties and their successors and permitted assigns.

    11.9

    Waiver. The failure of either party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.

    11.10

    Benefit. This Agreement is made for the benefit of each of the Parties and not for the benefit of any other persons.

    11.11

    Attorneys’ Fees. In any litigation or arbitration between the Parties, the prevailing party shall be entitled to reasonable attorney fees and all costs incurred in connection with such proceedings.

    11.12

    No Presumption. There shall be no presumption applied against any party on the ground that such party was responsible for preparing this Agreement or any part of it.

    11.13

    Conflict with Terms of Service or Other Policies. Should any conflict arise between this Agreement or any other policy documents, this Agreement shall prevail.

    11.14

    Equitable Relief. Each party acknowledges that a breach by the other party of any confidentiality or proprietary rights provision of this Agreement may cause the non-breaching party irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the non-breaching party may institute an action to enjoin the breaching party from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and a party may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the non-breaching party may be entitled at law or in equity.

    and Jurisdiction Provisions. Subject to the dispute resolution clause in Section 11.16 below, in the event of any litigation between the Parties, the Parties agree that the sole and exclusive venue and jurisdiction for any such action shall be in the courts of competent jurisdiction located in Santa Barbara, CA. The Parties agree that the above referenced courts shall have personal and exclusive jurisdiction over the Parties for any dispute arising out of this Agreement.
    11.15

    DMCA Notices. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Zero260 infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Zero260 a counter-notice. Notices and counter-notices must meet the then- current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to

    info@zero260.com, Subject: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.
    11.16

    Dispute Resolution. You agree to notify Zero260 of any potential disputes. If we are not able to resolve your claims within 60 days, you may seek relief through arbitration as set forth below. Any action hereunder by you must be brought, if at all, within one (1) year from the accrual of the cause of action.

    Any and all claims, except for those for which California courts shall have jurisdiction per the terms above, will be resolved by binding arbitration, rather than in court. This includes any claims you assert against us, our subsidiaries, users, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules.

    Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. An arbitration decision may be confirmed by any court with competent jurisdiction.

    11.17

    Accessibility. Zero260 makes available the UserWay Website Accessibility Widget that is powered by a dedicated accessibility server. The software allows Zero260 to improve its compliance with the Web Content Accessibility Guidelines (WCAG 2.1).

    Enabling the Accessibility Menu. The Zero260 accessibility menu can be enabled by clicking the accessibility menu icon that appears on the corner of the page. After triggering the accessibility menu, please wait a moment for the accessibility menu to load in its entirety.

    Disclaimer. Zero260 continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities.

    Despite our efforts to make all pages and content on Zero260 fully accessible, some content may not have yet been fully adapted to the strictest accessibility standards. This may be a result of not having found or identified the most appropriate technological solution.

    Here For You. If you are experiencing difficulty with any content on Zero260 or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.

    Contact Us. If you wish to report an accessibility issue, have any questions or need assistance, please contact us.

    11.18

    Contact Information. If you have any questions, concerns, or complaints about our Services or anything under this Agreement or other Agreements with us, please contact us at the following:

    Contact:
    Zero260, Inc.
    info@zero260.com
    619 Olive Street, Suite B
    Santa Barbara, CA 93101