Terms of Use

Last Updated: February 16, 2016

Welcome to the website of Zagster, Inc. (“Zagster”, “we”, “us”, “our”). These Terms of Use (the “Terms”) form a binding agreement between you and us when you use or access our website at https://zagster.com or affiliated websites (collectively, the “Site”), including when you simply browse the Site as a visitor. You refers to the person accessing or using the Site, or, if the Site are being used on behalf of an organization, such as an employer, “you” means such organization. In the latter case, the person accessing or using the Site represents and warrants that he or she has the authority to do so and to bind such organization to these Terms.

These Terms include a release by you of, and limitations on, claims for certain damages against us that may arise out of your use of the Site. By using the Site, you are agreeing to the release and limitations.

If you are a resident of the United States or access or use the Service in the United States, by accepting these Terms, you are agreeing to the arbitration agreement (unless you follow the opt-out procedure) and class action waiver described below in these Terms to resolve any disputes with Zagster. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Zagster reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

These Terms are subject to occasional revision. If we make any material changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and / or by prominently posting notice of the changes on our Site. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. We encourage you to periodically review these Terms to be informed with respect to your and our rights and obligations with respect to the Site. Continued use of our Site following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the new, modified Terms.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND ANY OTHER POSTED GUIDELINES OR RULES APPLICABLE TO THE SITE OR ANY PORTION OF THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE. YOU ALSO AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO THIS AGREEMENT AND TO THE ELECTRONIC DELIVERY OF NOTICES AS DESCRIBED BELOW.

1.  Eligibility. These Terms apply to your use of our Site. Anyone who agrees to theses Terms and our Privacy Policy located at https://zagster.com/privacy is eligible to use the Site. By using the Site, you acknowledge receipt of, and you agree to be bound by, the Privacy Policy. Certain areas of the Site and certain services offered by Zagster (“Services”) are restricted for members only. When you apply to join Zagster, we will ask for your name, email address and other related information and you will be required to enter into our Member Agreement at https://zagster.com/rider-agreement. In addition, we may, from time to time, establish separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement/s for certain of our Services. If you access the Site from outside the United States, then be aware that, under these Terms, United States laws apply to Zagster and itsparents, subsidiaries, affiliates, agents, directors, officers, employees, licensors, co-branders and other partners, contractors, representatives, successors, and assigns (collectively, “Zagster Related Parties”) and to the Site.

2. Membership.  If you are 18 years of age or older and reside in the United States, are not currently restricted from using the Zagster Service and are not a competitor of Zagster, you may apply to join Zagster as a member, and all terms and conditions of our Member Agreement at https://zagster.com/rider-agreement will apply to and govern your membership. By applying for membership, you agree that you will provide Zagster with accurate and complete registration information (including an email address and a password you will use to access the Service) and keep your registration information accurate and up-to-date.  Failure to do so is a breach of these Terms, which may result in immediate termination of your Zagster membership.  Zagster reserves the right, at any time and without prior notice, to refuse registration of, remove or disable an account (temporarily or permanently) in Zagster’s sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account and password. You agree to immediately notify Zagster in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

3. Mobile Services. Zagster may offer the Site or the Service through mobile applications created by it or third party developers. If you use the Site or the Services through a mobile device, you agree that information about your use of the Site and the Service through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Site or the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Site or the Services using a mobile device, you represent that to the extent you import any data or content from Zagster to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Zagster membership information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Site and the Service through your mobile access provider.

Some Zagster bicycles may come equipped with GPS Beacons, which Zagster uses to track its bicycles in accordance with the Zagster Privacy Policy.  You agree not to tamper with or remove the GPS Beacons and you shall be responsible for any loss of or damage to GPS Beacons while a Zagster bicycle is being used by you.  

4.  Modification.  Zagster reserves the right, at its sole discretion, to modify the Site or the Service or to modify these Terms, including the fees associated with the Service, at any time and without prior notice. A link to the most current Terms will be available on the Zagster home page and we will indicate the date of the “Last Updated” at the top of the Terms. Your continued use of the Site and/or the Service following the posting of such changes constitutes your acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Service.

5.  General Rules of Conduct; Disclosures; Violations.

You agree you will not:

  • Use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site;
  • Conduct or promote any illegal activities while using the Site or the Service;
  • Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
  • Attempt to gain access to secured portions of the Site to which you do not possess access rights;
  • Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • Interfere in any way with the proper functioning of the Site or the Services or interfere with or disrupt any servers or networks connected to the Site or the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Services;
  • Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site, or any content contained on any such web page for commercial use without our prior express written permission;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
  • Mirror or frame the Site or any content made available through the Site, place pop-up windows over its pages, or otherwise affect the display of the Site’s pages.

Zagster may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Zagster’s rights or property, or the rights or property of visitors to or users of the Site. Zagster reserves the right at all times to disclose any information that Zagster deems necessary to comply with any applicable law, regulation, legal process or governmental request. Zagster also may disclose your information when Zagster determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Zagster may preserve any transmittal or communication by you with Zagster through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Zagster determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Zagster, its employees, users of or visitors to the Site, and the public.

You agree that Zagster may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Zagster, for which monetary damages would be inadequate, and you consent to Zagster obtaining any injunctive or equitable relief that Zagster deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Zagster may have at law or in equity.

You agree that Zagster may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Zagster does take any legal action against you as a result of your violation of these Terms, Zagster will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Zagster. You agree that Zagster will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.

6.  Social Media Policy.

Zagster may share information, videos, photos and similar content (“Content”) though social media platforms such as Facebook and Twitter.  All rights in this Content are reserved by Zagster and you may not use this Content for any purpose.  If you elect to make comments or posts on Zagster’s social media accounts, please be aware that Zagster has the right, in its sole discretion, but not the obligation to remove comments and posts.  By making a comment or post you are representing and warranting to Zagster that you have all rights and licenses required and that your posts and comments do not infringe, violate or misappropriate the intellectual property or privacy or publicity rights of any third party.  You further grant Zagster an irrevocable, perpetual, royalty-free, fully paid up, worldwide, right and license (with right of sublicense) to use, copy, modify, distribute, publicly perform and display and otherwise commercially exploit any and all content you post to Zagster social media accounts for any purpose whatsoever.

By viewing, posting to or otherwise using Zagster’s social media platform accounts, you agree to be bound by these Terms and agree to comply with the following general rules:

  • If you post a link, please provide some context. We will remove blind links.
  • Personal attacks on other community members will not be tolerated.
  • Do not post any personal information, such as your email address or phone number or the personal information of any other person.
  • Language that is obscene, threatening, racist, sexist, or discriminatory in any way will be deleted.
  • Do not portray yourself as a representative of the company if you are not one.
  • Do not use our social media accounts or pages for business purposes such as to sell products, solicit money, or recruit fans, followers, and group members.
  • Have fun, be polite, keep the conversation on topic.
  • Do not impersonate another person or access the Zagster social media platform from another person’s account.
  • Do not upload anything that you do not own, unless you have express permission from the content’s owner.
  • Comments advocating illegal activity, or posting of material that violates copyrights or trademarks of others, are prohibited. If you feel that something of yours has been posted without your consent, please see the Terms of Use Agreement for more information on reporting potential copyright violations.
  • If you share a Zagster social media post (whether by sharing it on Facebook, or re-tweeting it on Twitter), then you agree not to disparage Zagster, portray Zagster in a false light, or modify the Zagster post in any way.

TO THE FULLEST EXTENT PERMITTED BY LAW, ZAGSTER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO ACCURACY, INTEGRITY, OR SECURITY AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, WITH RESPECT TO ANY CONTENT POSTED ON OUR SOCIAL MEDIA PLATFORMS.

7.  Suggestions.  In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Zagster Site or Service (“Suggestions”), you hereby grant to Zagster a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, license, offer for sale, make, have made and otherwise exploit the Suggestions in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same without restriction or obligation of any kind, on account of confidential information, intellectual property rights or otherwise, and may incorporate into its services any service, product, technology, enhancement, documentation or other development (“Improvement”) incorporating or derived from any Suggestions with no obligation to license or to make available the Improvement. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

8. Third Party Links.  When you access a non-Zagster website, even one that may contain the Zagster logo, please understand that it is independent from Zagster, and that Zagster has no control over the content on that website or the privacy policies of that website. In addition, a link on the Site or Service to a non-Zagster website does not mean that Zagster endorses or accepts any responsibility for the content, or the use, of such website. Accordingly, you acknowledge and agree that Zagster is not responsible or liable for: (i) the availability or accuracy of such websites; (ii) the content, products, or services on or available from such websites; or (iii) the privacy policies or practices of such websites. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

9.  DISCLAIMER OF WARRANTIES. THIS SITE AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY ZAGSTER “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS.  We make no representation as to the completeness, accuracy, legality, reliability, operability, availability or currentness of any information on this Site, and we undertake no obligation to update or revise the information contained on this Site, whether as a result of new information, future events or circumstances or otherwise.

ACCORDINGLY, ZAGSTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THIS SITE OR OUR CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, AND WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. We make no warranty that the Site will meet your requirements, or that the Site will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site, or that defects in the Site will be corrected. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the use of or download of any material, software code and/or content from the Site. No advice or information, whether oral or written, obtained by you from us through the Site or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms.

Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR THE ZAGSTER RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS ARISING OUT OF OR RELATED TO THE SITE, HOWEVER CAUSED, WHETHER ARISING UNDER STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR WHETHER SUCH DAMAGE WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES.

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE  SITE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER WEBSITES LINKED TO OUR SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT ZAGSTER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING, HARMFUL, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

11. Indemnification. You agree to indemnify, defend and hold harmless Zagster and the Zagster Related Parties  from and against any and all claims, demands, actions, suits, proceedings, investigations, allegations, damages, costs, expenses, amounts agreed to in settlement, losses and any and all other liabilities (including reasonable attorneys’ fees and court costs) arising out of or resulting from: (i) your use of the Site and/or Service; (ii) a violation of these Terms; (iii) a violation of any rights of any other person or entity; (iv) your registration or membership or any activity in which you engage using the Site or the Service; (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you; or (vi) any other acts, omissions, negligence or misconduct by you.

12. Governing Law; Arbitration; Jury Trial Waiver; Class Action Waiver; Forum Selection Clause.

These Terms and the relationship between you and Zagster shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts for the adjudication of any and all claims arising out of your use of the Site and your relationship with Zagster, and you waive any objection thereto.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Zagster or the Zagster Related Parties, will exclusively be settled through binding and confidential arbitration.  Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA“). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures“).  You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.  

You and Zagster must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR ZAGSTER MUST BE BROUGHT IN THE PARTY’S 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) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Zagster 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, (d) Zagster also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) 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 law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays 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 then in such instance, the fees and costs awarded will be determined by the applicable law.  

Notwithstanding the foregoing, either you or Zagster may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of Zagster’s patent, copyright, trademark, or trade secret will not be subject to this arbitration agreement. Such claims will be exclusively brought in the state or federal courts located in Boston, Massachusetts. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Boston, Massachusetts in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Boston, Massachusetts for such purposes. A request for interim measures will not be deemed a waiver of the right to arbitrate.  With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor Zagster will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Boston, Massachusetts.  For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

13. Electronic Communications.  For contractual purposes, you (i) consent to receive Communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications“) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-savable rights. You may also receive a copy of these Terms by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and the Service. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

14. Zagster Trademarks.  Zagster, the Zagster logo and the look and feel of the Site are service marks, trademarks, and/or trade dress of Zagster or otherwise proprietary to Zagster and may not be used by you for any reason other than as expressly permitted by Zagster in writing. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Zagster. You have the right to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of your personal use. You acknowledge that Zagster and/or third-party content providers remain the owners of all Site and Service material and that you do not acquire any of those ownership rights by downloading, copying or using any such material in accordance with these Terms.

15. IOS Terms. If you elect to use the Zagster application made available at the Apple App Store (the “Zagster App”), the following terms apply. If you do not wish to be bound by these additional terms, do not use the Zagster App. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Zagster App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Zagster, not Apple, and that Apple has no responsibility for the Zagster App or content thereof. Your use of the Zagster App must comply with the App Store Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Zagster App. In the event of any failure of the Zagster App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Zagster App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Zagster App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Zagster acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Zagster App or your possession and/or use of the Zagster App, including, but not limited to: (i) product liability claims; (ii) any claim that the Zagster App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Zagster acknowledge that, in the event of any third-party claim that the Zagster App or your possession and use of that Zagster App infringes that third party’s intellectual property rights, Zagster, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the Zagster App. You and Zagster acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the Zagster App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

16.  General Terms. You are responsible for compliance with all applicable laws. These Terms are personal to you, and you may not transfer, assign or delegate your rights and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms, shown in boldface type, are included only to help make these Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms, the Privacy Policy and the Member Agreement constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect.  Where Zagster has provided you with a translation of the English language version of the Terms, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions will govern.

17. Contacting Us; Notice; Violations. If you have any questions or concerns about our Site, your registration, or anything else, please follow the Contact Us link on the Site, or send an e-mail to support@zagster.com .  We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to support@zagster.com or as otherwise expressly provided. Please report any violations of these Terms to support@zagster.com.

18.  U.S. Export Regulations. You acknowledge and agree that material on the Site is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Site, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.