These terms apply to all visitors and users of our website, including registered wedding parties, licensors, and Vendors, but some provisions apply to each party differently.
You represent that all of the information, data and other materials you post, upload, share, store, or otherwise provide through this Website or to Zola through any other means (“User Submissions”) are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided, as appropriate. Some features that may be available on this Website require registration. By registering, you agree to provide true, accurate, current and complete information about yourself or your business.
The materials displayed or performed or available on or through the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, User Submissions, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (“Content”) is the exclusive property of its owner (Zola and/or its licensors and/or partners) and is protected by copyright, trademark and other applicable laws. Without Zola’s or the owner/rights holder’s prior written consent you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content in any way for any purpose, including using Content on any other website. However, you may print pages from this Website for personal, non-commercial use, provided that you include a copyright notice on each page.
You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. You may not bypass any measures that have been implemented to prevent or restrict access to this Website. Any unauthorized access to the Website by you (including any such access or use that involves in any way an account you may establish on the Website or any device you may use to access the Website) shall terminate the permission or license granted to you by Zola. Zola reserves the right to refuse or cancel any registration for this Website, remove any person from the Website and prohibit any person from using the Website for any reason whatsoever, and to limit or terminate your access to or use of the Website at any time without notice. Zola neither warrants nor represents that your use of the Content available on this Website will not infringe rights of third parties not affiliated with Zola. Termination of your access or use will not waive or affect any other right or relief to which Zola may be entitled, at law or in equity.
If you purchase a gift at Zola for a registered wedding party, you are purchasing “Zola Stored Value” in the amount of the purchase price of the item selected plus any applicable taxes, handling and shipping charges. The gift recipient uses that Zola Stored Value to purchase the item you selected from Zola at the date the recipient designates for shipment of the item. Zola will honor the Zola Stored Value for the item you have selected as payment in full no matter the price of the item at the time of shipping. So, for example, if you select a set of dishes costing $69.95 including all taxes and charges, when the wedding party recipient selects a shipping date the set of dishes is then purchased for $69.95 and shipped no matter what the cost of the item is at that time. The registered wedding party will not be charged more for that item if the price has increased.
The registered wedding party may elect to retain your gift as Zola Stored Value in the amount you paid. They may use that Zola Stored Value to purchase other items at Zola. Unredeemed Zola Stored Value may be escheated in accordance with applicable state law.
Zola Stored Value never expires and can be used for any physical product or experience that Zola sells. Zola Stored Value cannot be redeemed for cash or be applied towards items purchased from another website, or honeymoon funds or other cash gifts. Zola Store Value cannot be redeemed for a digital Zola gift card. In addition, Zola Stored Value cannot be retroactively applied to past orders. From time to time Zola may make available promotional codes or coupons for marketing, goodwill, referrals or other promotional purposes. These codes or coupons expire on the dates disclosed at the time the code or coupon is issued.
Zola may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Zola deems appropriate in its sole discretion. Zola also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Zola will either not charge you or refund the charges for orders that we do not process or cancel.
Zola accepts returns on certain merchandise on a case-by-case basis. For Zola's Return Policy, which may change from time to time, please see https://www.zola.com/returns.
Zola strives to provide accurate pricing information regarding the products and services available on the Website. We cannot, however, insure against pricing errors. Zola reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Website as a result of an error. If this occurs, Zola will notify you by email. In addition, Zola reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Zola offers free ground shipping on most orders. Free shipping is not available on some items, such as furniture, that have a delivery surcharge due to the size, weight or special handling necessary to make sure your order arrives safely. For Zola’s Shipping Policies, which may change from time to time, please see https://www.zola.com/shipping.
You must be at least 21 years of age to purchase alcoholic beverages. In addition, due to state restrictions and our merchants’ licenses, alcoholic beverages may not always be shipped to all states in the U.S. or outside the U.S. Please refer to the sale page or product detail page on the Website for information on what states are permitted for specific items. If you provide a shipping address that is not in one of these states, Zola will not process your order. We will not ship alcoholic beverages outside the U.S. Quantity limits may apply in some states. Your order may be reduced or held to comply with state restrictions. Taxes collected are collected on behalf of the seller of record.
For Wedding Vendors & Creative Professionals:
Submitting and/or posting User Submissions to the Website does not alter the ownership of the User Submissions. User Submissions you own continue to belong to you. By submitting and/or posting User Submissions to the Website as an individual or registered party, you grant Zola a worldwide, royalty-free, non-exclusive and fully assignable and sublicensable right and license to use, reproduce, publish, distribute, modify, adapt, publish, edit, translate, distribute, perform, link to, create derivative work of and display such User Submissions alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. This license may be revoked with 90 days’ written notice to firstname.lastname@example.org.
This license grants Zola the ability to use your User Submissions to create and promote/advertise your Vendor listing and Zola’s inspirational content platforms (including, but not limited to, its real weddings, wedding vendor experiences, and expert advice platforms), as well as to provide other related products and/or services through the Website (including, but not limited to, its matching and networking services). For the same purposes, Zola may reproduce, modify, adapt, publish, edit, distribute, perform, link to, create derivative work of and publicly display such User Submissions along with, or as a part of, other works in any form, media, or technology, whether now known or hereafter developed. Any User Submissions you transmit or post may be used by Zola to promote Zola’s inspirational content platforms and/or other products or services, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.
This license does not grant Zola the ability to use your User Submissions to promote Zola products and services other than those benefitting Zola’s inspirational content platforms or other related products and services (such as Zola’s matching and networking services). Should Zola seek to use your User Submissions in ways that exceed this license, Zola must ask and receive your written permission to do so.
For All Other Users, Including But Not Limited to Couples:
By submitting and/or posting User Submissions to the Website, you automatically grant to Zola a worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such User Submissions alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by Zola or licensed to others by Zola for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.
If you share a User Submission only in a manner that we have communicated will or is otherwise designed to only be viewed by Zola and certain specified users (for example, a private message that you send through the Website to a Vendor who you have been matched with through Zola’s matching services) (a “Limited Audience User Submission”), then you hereby grant Zola the licenses above, subject to the limitation as communicated. Also, you grant Zola and such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Website. Notwithstanding anything to the contrary, no such limitation shall restrict Zola with respect to non-personally identifiable information within User Submissions.
In addition to the Zola Registry, if you have registered an account at Zola.com you may have access to Zola Weddings for your personal, non-commercial use. You may register for Zola Weddings separately without including Zola Registry. Use of Zola Weddings for commercial purposes is strictly prohibited. This free service allows you to create and manage your Guest List, create a personalized website at Zola.com, create and manage a Checklist of things to do, match with and make inquiries of Vendors, and take advantage of certain other features and functions as may be made available from time to time. Access to your Zola Weddings account is restricted; you must create and use a user name and password in order to obtain access. Information you upload to any Zola Weddings feature is not encrypted or otherwise secured.
Using the Checklist feature, you can create a personalized checklist of things to do. You have access to template checklists prepared by Zola.
Zola’s matching service allows you to be matched with certain Vendors by Zola based on your User Submissions. You may direct Limited Audience User Submissions to matched Vendors or to other Vendors on the Website to inquire as to such Vendors’ availability, pricing, and other details of such products or services that Vendors may offer.
Vendors may identify other vendors (whether Vendors with Vendor Profiles or vendors without Zola accounts) as preferred (“Preferred Vendor”) or required (“Required Vendor”) as part of their User Submissions, including on their Vendor Profiles; provided that Vendors may not link to and publicly display such Preferred Vendors’ or Required Vendors’ Vendor Profiles without such Preferred Vendors’ or Required Vendors’ acceptance. Such Preferred or Required Vendors with respect to any given Vendor are referred to as a “Vendor Network.” Additionally, if a couple or other user indicates through the Website or User Submissions, including Limited Audience User Submissions, that it has selected you as a Vendor, then your relationship with this user may be made publicly available or available to others.
If you are a Vendor or if you interact with a Vendor, you acknowledge and agree that: (i) Zola does not and will not endorse any Vendor or any such Vendor’s products or services (whether or not we match such Vendor with other Zola users, or facilitate communications between them, pursuant to Zola’s matching services); (ii) Zola is not responsible for assisting Vendors and other Zola users in reaching an agreement (which includes agreements between Vendors); (iii) Zola is not responsible for assisting Vendors in providing goods and services to other Zola users; (iv) while all Zola users are required to give us accurate information about themselves, Zola cannot and will not verify this information; (v) any transaction a Vendor enters into with another Zola user is strictly between such Vendor and the other Zola user, and we are not a party to that transaction (whether or not we match such Vendor with such other Zola user, or facilitate communications between them, pursuant to Zola’s matching services, and whether or not we facilitate a Vendor’s creation or management of their respective Vendor Network); (vi) Zola makes no guarantees or promises with respect to successful transactions between Vendors and other Zola users (including couples, guests, Vendors, and/or other users); and (vii) any dispute a Zola user may have with another Zola user is between those Zola users, and we will not be a party to that dispute. Vendors are solely responsible for compliance with all applicable Regulations or other taxes and payments which may be applicable to jobs. If you are a Vendor, you agree that you are solely responsible for your products and services and agree to indemnify, defend and hold harmless Zola from any claims, suits, losses, damages, costs and expenses (including reasonable attorneys’ fees) relating to or arising from your products and services, including any violation of any Regulations, or other taxes and payments which may be applicable to your products and services.
Zola prohibits discrimination by Vendors or licensors against couples, guests, visitors, users, or any other party (“Protected Class”) on the basis of race, ethnicity, color, religion, sex, national origin, ancestry, physical characteristic, disability, marital status, family status or composition, pregnancy status, sexual orientation, gender identity, gender expression, political affiliation, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law (“Protected Characteristic”). Such discrimination includes, but is not limited to, doing any of the following: refusing to provide goods or services to, or accept goods or services from, a member of any Protected Class on the basis of a Protected Characteristic; submitting discriminatory content on the Website; imposing any different terms or conditions upon a member of any Protected Class on the basis of a Protected Characteristic; or any other conduct that improperly takes into account any Protected Characteristic. Zola will take steps, in its sole discretion, to enforce this policy, up to and including the suspension from the Website of anyone who violates this policy. In addition, Vendors should make every effort to be welcoming to couples of all backgrounds. Vendors who, in Zola’s belief, demonstrate a pattern of refusing to provide goods or services to couples who are members of a protected class (even while articulating legitimate reasons) undermine the strength of our community and may be suspended in Zola’s sole discretion. If you experience discrimination from any couple, guest, Vendor, Zola employee, licensor, visitor, or user of the Website, please contact email@example.com, with the subject "Non-Discrimination Policy", so we can investigate and take appropriate measures.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. ZOLA DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
SOME STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT PERMIT THIS TYPE OF DISCLAIMER, SO IT MAY NOT APPLY TO YOU.
THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ZOLA. ZOLA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE PRODUCTS OR SERVICES THEY PROVIDE.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND/OR FOR USE OF YOUR ZOLA ACCOUNT, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE, AND/OR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER ZOLA NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS WEBSITE, OR ANY OTHER WEBSITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR ZOLA ACCOUNT OR ANY TERMINATION OR CANCELLATION OF YOUR ACCOUNT; (4) ANY DELAY OR INABILITY TO USE THE WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE; (5) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE WEBSITE; OR (6) ANY USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ZOLA, ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE, OR OBTAINED FROM A LINKED WEBSITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ZOLA NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ZOLA IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND ZOLA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. ZOLA’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE US$100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE LIMITATION OF LIABILITY WITH RESPECT TO LIABILITY ARISING FROM ANY NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF A LEGAL DUTY, OR INTENTIONAL MISCONDUCT BY ZOLA DOES NOT APPLY TO VISITORS OF THE SITE FROM NEW JERSEY.
IF THERE IS A DISPUTE BETWEEN USERS OF THE WEBSITE, OR BETWEEN USERS AND ANY THIRD PARTY, YOU AGREE THAT ZOLA IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OR ANY THIRD PARTY, YOU RELEASE ZOLA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR WEBSITE AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY REVIEWS POSTED ABOUT YOU OR YOUR BUSINESS). IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Zola has not reviewed all of the websites linked to this Website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this Website. The inclusion of any link to such sites does not imply endorsement by Zola of these websites. Your linking to any other pages or websites is at your own risk. You agree that Zola will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or websites. We encourage you to read the terms and privacy statements of all such websites, as their policies may be materially different from ours.
When you use the Website or send emails to Zola, you are communicating with Zola electronically. You consent to receive electronically any communications related to your use of this Website. Zola will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Zola intended for receipt shall be deemed delivered and effective when sent to the email address you provide on the Website.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Website are registered and unregistered trademarks of Zola and others. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of Zola or such third party that may own the Trademarks displayed on this Website. Your misuse of the Trademarks displayed on this Website, or any other Content on this Website, except as provided herein, is strictly prohibited.
All Content included on this Website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Zola or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this Website is the exclusive property of Zola and protected by U.S. and international copyright laws. All software used on this website is the property of Zola or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Website is strictly prohibited.
Zola respects the intellectual property rights of others. Accordingly, if you are a copyright owner or an agent thereof and believe that any user Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Zola to locate the material; (iv) information reasonably sufficient to permit Zola to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have 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 (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Zola’s designated Copyright Agent to receive notifications of claimed infringement is: firstname.lastname@example.org or Zola, Inc., 7WTC, 250 Greenwich St., 39th Floor, New York, NY 10007, Attention: DMCA Complaint. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please provide Zola with a separate notice each time you wish to report alleged acts of infringement.
You may receive a password in connection with your use of this Website. You will be responsible to maintain the confidentiality of your password and account and will be solely responsible for all activities that occur under your password and account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Zola immediately. Zola may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Website, have been made by you unless we receive notice indicating otherwise.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ZOLA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Zola agree that Zola intends that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
You and Zola further agree to the following with respect to the arbitration of any Dispute hereunder: (a) any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (b) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding and may not award class-wide relief; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) each party will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but we reserve the right, in our sole discretion, to assume responsibility for any or all of the fees and costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
Zola c/o Zola, Inc., 7WTC, 250 Greenwich St., 39th Floor, New York, NY 10007
June 10, 2019