Terms of Use

Last Modified: November 11th, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between you and the providers ("Zoints Team," "we," or "us") of the Platform (as defined below). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of zoints.com, its associated subdomains, the mobile application "Zoints," and any functionality and services offered on the website and the mobile application (collectively, the "Platform").

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://zoints.com/help/privacy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

This Platform is offered and available to users who are 16 years of age or older and meet other Eligibility Requirements set forth herein. By using this Platform, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Eligibility Requirements

You represent and warrant that (a) you are at least 16 years of age, or the legal age to form a binding contract with us (whichever is older); (b) you are not subject to or the target of any sanctions administered or enforced by the U.S. Government, (including the Office of Foreign Assets Control of the U.S. Department of the Treasury ("OFAC") and the U.S. Department of State and including designation on the "Specially Designated Nationals" ("SDN") List maintained by OFAC), the United Nations Security Council ("UNSC"), the European Union, Her Majesty’s Treasury ("HMT"), and the Foreign and Commonwealth Office of the United Kingdom or other relevant sanctions authority (collectively, "Sanctions"); (c) the legal entity you are authorized to represent or any of its affiliates or related entities is not located or organized within or doing business or operating from a country or territory that is the subject or the target of Sanctions, including, without limitation, Cuba, Iran, Libya, North Korea, Sudan and Syria; and (d) will not use the Platform if any applicable laws in your country/region/state prohibit you from doing so in accordance with these Terms.

If you are registering an account on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.

Account Registration

To access certain parts of the Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide for the registration (including the identity verification information if required by applicable law) is correct, current, and complete. You are responsible for making all arrangements necessary and meeting all requirements for you to have access to the Platform.

You agree that all information you provide to register with the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Account Security

You must treat your username, password, or any other login information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Platform Token – ZEE

ZEE, a Solana Public Library token, is the native token of the Platform. It is a utility token that is needed for users to access certain functionality and features of the Platform, such as subscribing to a creator’s space or community. ZEE may have no value other than for the intended purposes.

ZEE IS NOT INTENDED TO BE A FINANCIAL INVESTMENT, SECURITY, OR VIRTUAL CURRENCY, AND HAS NO MONETARY VALUE. IT DOES NOT REPRESENT OR CONFER ANY OWNERSHIP RIGHT, STAKE, SHARE, OR ANY OTHER SIMILAR INTEREST IN THE PLATFORM OR THE ZOINTS TEAM.

The Platform does not sell any ZEE to any party, redeem any ZEE from any user, or support any transfer of ZEE between any accounts on the Platform. The Platform distributes a number of ZEE to users upon joining the Platform until the allocation for such purpose is exhausted, and users can earn additional ZEE from using certain features of the Platform. We do not provide any other channels or platforms to distribute ZEE and cannot promise or guarantee the availability of any market for ZEE through third parties or otherwise.

We reserve the right to modify the utility features and distribution plan of ZEE at our sole discretion and without advance notice or liability, and such modifications may negatively impact or eliminate the value or the utility of ZEE. We do not promise any future value of the ZEE and cannot guarantee ZEE will hold any particular value. We cannot guarantee the Platform will be error-free or uninterrupted. There is a risk that the Platform may contain bugs or weaknesses which may negatively affect your ZEE or result in partial or complete loss of your ZEE or loss of your ability to access or control ZEE. In the event of such a software bug or weakness, there may be no remedy, and therefore you are not guaranteed any remedy or compensation. We may suspend or terminate the Platform for any or no reason, at our sole discretion, without advance notice or liability. You shall not rely on the continued availability of the Platform or ZEE.

Because ZEE is a Solana Public Library token, any malfunction, breakdown, or abandonment of the Solana blockchain may have a material adverse effect on the Platform or ZEE. You acknowledge, understand, and accept the risks associated with the Solana blockchain.

The Platform or ZEE may become overseen by applicable governmental authorities. We may receive queries, notices, warnings, requests, or rulings from the governmental authorities from time to time or may even be ordered to suspend or discontinue the operation of the Platform. As a result, you may lose all your ZEE. You acknowledge, understand, and accept the risk related to regulatory measures.

The tax characterization of ZEE is uncertain. You must seek your own tax advice in connection with obtaining or acquiring ZEE, which may result in adverse tax consequences to you, including withholding taxes, income taxes, and tax reporting requirements.

Third-Party Services

The Platform does not provide any digital wallet services or products. To claim and use ZEE on the Platform, you will need to have an account with Phantom Wallet and connect it with your account on the Platform. Phantom Wallet is provided by Phantom Technologies, Inc., which the Zoints Team has no affiliation with or control of. We reserve the right to change the wallet service provider from time to time at our sole discretion. You shall be solely to keep your wallet secure. You acknowledge and understand that loss of requisite private key(s), password(s), passphrase(s), or other login credentials associated with your wallet storing ZEE will result in loss of access to the tokens. Any third party that gains access to such login credentials of your wallet may be able to misappropriate your ZEE. We are not responsible for any such losses. You assume all risks associated with the wallet, including the risk of losing any or all of the ZEE in the wallet.

The Platform may also utilize or contain links to other third parties’ services or websites. We have no control over and assume no responsibility for any third-party services or websites.

YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT OR USE.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To impersonate or attempt to impersonate a member of the Zoints Team, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use of the Platform, or which, as determined by us, may harm the Zoints Team, or users of the Platform, or expose them to liability.
  • To raise funds, sell digital assets or virtual currencies, process any payments, transmit any monetary instruments, or take any actions or facilitate any transactions that may require or cause the Platform to register with or obtain licenses from governmental agencies.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real-time activities through the Platform.
  • Use any robot, spider, or other automatic devices, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any device, software, or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Abuse promotions that we may offer from time to time.
  • Otherwise attempt to interfere with the proper working of the Platform.

User Contributions

The Platform contains message boards, creator spaces and profiles, communities, forums, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

By providing any User Contribution on the Platform, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Zoints Team, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and Enforcement

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Zoints Team.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE ZOINTS TEAM AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

Copyright and Trademark Infringements

If you believe that any User Contributions violate your copyright or trademark, please see our Copyright Policy for instructions on sending us a notice of infringement. It is the policy of the Zoints Team to terminate the user accounts of repeat infringers.

Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Zoints Team, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for the intended purposes only. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Zoints Team. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Reliance on Information Posted

The information presented by the Zoints Team on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform may include content provided by third parties, including but not limited to materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Zoints Team, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Zoints Team. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Additional Terms and Conditions

The Zoints Team may, from time to time, approve and make available additional policies, rules, and terms and conditions for specific portions, services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. See /help/ for a list of additional detailed rules, policies, and terms and conditions.

Suspension and Termination

We may: (a) suspend, restrict, or terminate your access to the Platform, and/or (b) deactivate or cancel your account if: (i) we reasonably suspect you of using your account in violation of the Terms of Use; (ii) we are so required by a facially valid subpoena, court order, or binding order of a government authority; or (iii) use of your account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; (iv) our service partners are unable to support your use. In the event that your account is terminated, you will permanently lose access to all content in your account, and we are not obligated to compensate you for any such loss.

Changes to the Platform

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users.

We may update the content on this Platform from time to time, but the content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Platform or any content available on the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, ZEE, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, ZEE, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ZOINTS TEAM NOR ANY PERSON ASSOCIATED WITH THE ZOINTS TEAM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE PLATFORM NOR ANYONE ASSOCIATED WITH THE ZOINTS TEAM REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, ZEE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE ZOINTS TEAM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ZOINTS TEAM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ZEE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ZOINTS TEAM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, THE COLLECTIVE LIABILITY WILL BE LIMITED TO ONE HUNDRED US DOLLARS OR THE AMOUNT YOU PAID TO US FOR THE PRODUCTS AND/OR SERVICES IN THE PREVIOUS SIX MONTHS OUT OF WHICH LIABILITY AROSE, WHICHEVER IS GREATER, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Zoints Team, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wyoming.

Dispute Resolution and Binding Arbitration

YOU AND THE ZOINTS TEAM ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified herein. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE ZOINTS TEAM WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Waiver and Severability

No waiver by the Zoints Team of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Zoints Team to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Entire Agreement

The Terms of Use, our Privacy Policy, and any other terms and conditions issued by the Zoints Team constitute the sole and entire agreement between you and the Zoints Team regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Your Comments and Concerns

The Platform is operated by the Zoints Team.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to the Zoints Team via the contact us page.

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