Terms and Conditions
Updated: September 1, 2024
IMPORTANT: BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND YOUR RIGHT TO A JURY TRIAL.
Please read these Terms of Service (“Terms”) carefully, as they outline how disputes between you and ZEAC must be resolved. These Terms include an arbitration agreement in Section 17, which requires that any disputes be settled individually and through binding arbitration, with limited exceptions.
These Terms apply to all websites and services provided by ZEAC, including those related to Permit Assistance, Residential Permits, Building Additions, New Construction, and Accessory Dwelling Units (ADUs). By using any ZEAC website or service, you agree to be bound by these Terms. If you do not agree, please refrain from using our services.
1. Additional Terms
Your use of ZEAC’s websites and services is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Some services may require you to agree to additional terms and conditions specific to that service. These additional terms will become part of these Terms when you use the relevant service.
2. Website and Website Content
ZEAC owns and operates the content on its websites, which includes statements, diagrams, trademarks, and other proprietary content (“Website Content”). This content is protected by copyright laws. You are granted a limited license to view and reproduce portions of the Website Content solely for purposes related to ZEAC’s services, such as applying for permits or exploring new construction projects. Unauthorized reproduction, modification, or distribution of this content is strictly prohibited.
The trademarks and logos displayed on ZEAC’s websites are the property of ZEAC or third parties. You may not use these marks without prior written consent from ZEAC or the respective third party.
3. Embedded Software
ZEAC retains ownership of all intellectual property rights in the products and services it provides, including any embedded software within those products. The embedded software is licensed, not sold, and is intended for use in accordance with ZEAC’s documentation. You may not reverse engineer, decompile, or otherwise attempt to extract the source code of any embedded software.
4. Your Account
To use certain services, you may need to create an account with ZEAC. By creating an account, you represent that you are at least 18 years old and that the information you provide is accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. ZEAC reserves the right to suspend or terminate your account for any reason.
5. Acceptable Use
You are solely responsible for your use of ZEAC’s websites and services. You agree not to:
- Violate any laws, rules, or regulations.
- Access the websites or services through unauthorized means.
- Share personal information without consent.
- Interfere with the functioning of the websites or services.
- Transmit unsolicited commercial emails.
- Harvest or collect information about others without consent.
- Alter or misrepresent any Website Content.
- Create a false identity to mislead others.
- Violate the rights of ZEAC or any third party.
By using ZEAC’s websites and services, you agree to adhere to these Terms and understand the limitations and responsibilities outlined herein.
6. Descriptions and Specifications of Products and Services
The descriptions and specifications of products and services on ZEAC’s websites may change at any time, with or without notice. These descriptions and specifications do not create any obligations or liabilities for ZEAC. We reserve the right to modify, suspend, or discontinue any or all of our websites, products, or services at any time, for any reason, at our sole discretion.
7. Disclaimers
ZEAC’s websites, content, and services are provided on an “as is” and “as available” basis. ZEAC disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property rights, accuracy, system integration, timeliness, or satisfactory quality. We do not guarantee that the use of any website or service will be uninterrupted, error-free, or secure, or that any defects will be corrected. We do not warrant that our websites, services, or content are free from viruses or other harmful components or that they will meet your requirements or expectations. If applicable law requires any warranties, such warranties are limited to thirty (30) days from the date of your first use of the applicable website or service. You are solely responsible for any damage to your computer system or network or loss of data that may result from downloading or uploading any content from or to our websites.
8. Limitation of Liability
To the fullest extent permitted by applicable law, ZEAC shall not be liable for any indirect, incidental, exemplary, punitive, or consequential damages arising from these terms or your use of our websites, content, or services, even if we have been advised of the possibility of such damages. We are not responsible for any damages resulting from your access to, use of, or inability to access or use our websites, content, products, or services, or from your reliance on any of these. In no event shall ZEAC’s aggregate cumulative liability with respect to these terms or any of our websites, content, products, or services exceed one hundred U.S. Dollars (USD 100). The above limitations and exclusions apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of liability, so the above limitations may not apply to you.
9. Third-Party Content
ZEAC’s website content may include links to third-party websites and other third-party materials (collectively, “Third-Party Content”). ZEAC does not monitor, investigate, or review Third-Party Content and is not responsible for its accuracy, form, or content, or any products or services advertised or promoted within it. ZEAC reserves the right, in its sole discretion, to delete any or all Third-Party Content at any time, for any reason, with or without notice. We do not endorse any Third-Party Content, including any product or service advertised or promoted within it. You access Third-Party Content at your own risk, including the risk of infecting your computer or network with malware, viruses, or other harmful elements. Third-party websites accessed through links on ZEAC’s website are subject to their own terms and policies, including privacy and data gathering practices.
10. Restricted Use by United States Government
ZEAC’s information is provided with and subject to “Restricted Rights.” Any use, disclosure, or duplication by the U.S. Government is subject to restrictions in accordance with FAR 52.227-14 and DFAR 252.227-7013, et seq., or their successors. Use of ZEAC’s information by the U.S. Government constitutes acknowledgment of ZEAC’s proprietary rights in them.
11. Security
At ZEAC, your security is a top priority. We strive to protect your account and data with reasonable measures. However, it is important to acknowledge that no company, including ZEAC, can completely eliminate security risks associated with handling data on the Internet. You understand and agree that while we take precautions, we cannot guarantee the absolute security of your content during its transmission over the Internet or when stored on our services.
12. Security-Related Software Support
We provide security-related software updates for the embedded software in our design and permit assistance tools for the duration of the applicable ZEAC warranty. For optimal security, it is generally necessary for your system to remain connected to the Internet to receive these updates.
Updates for our mobile and web applications (such as ZEAC’s design tools and permit tracking systems) are typically included in future versions of these applications. We do not support updates to previous releases. New versions are made available either directly through our web-based tools or via mobile app stores, such as Google Play or the Apple App Store.
You agree that ZEAC is not liable for any harm that could have been avoided or minimized if you had updated to or used the latest version of ZEAC’s software, mobile applications, or web-based tools.
13. Indemnity
You agree to indemnify and hold ZEAC, our affiliates, officers, employees, agents, partners, and other users harmless from and against any and all loss, costs (including attorneys’ fees), liability, damages, and expenses arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use of any ZEAC website, service, or content, (ii) your violation of these Terms, or (iii) your infringement on any rights of any third party, including but not limited to your content.
14. Release
To the extent permitted by applicable law, you hereby release ZEAC from any liability related to: (i) any incorrect or inaccurate content on our websites or services, whether caused by users or by any equipment or programming used in the provision of our services; (ii) the conduct of any user, whether online or offline; (iii) technical issues, including problems with telephone networks, computer systems, servers, providers, or equipment, software malfunctions, or failures of email or website content due to internet traffic or other factors; (iv) any loss or damage resulting from reliance on website content or content transmitted by and to users, or from interactions between users, whether online or offline; and (v) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of any ZEAC website, service, or user communication.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “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.”
15. Copyright Policy
ZEAC respects intellectual property rights and will remove or disable access to material that infringes any copyright upon notification by the copyright owner or their legal agent. If you believe your work has been copied and posted on any ZEAC website or made available through our services in a way that constitutes copyright infringement, please follow the instructions at ZEAC.com/copyright.
16. Changes to Terms
These Terms may be revised occasionally, and ZEAC will notify you of any significant changes by either prominently posting a notice on our website or by sending an email to the address you provided. Any changes will take effect 30 days after the notification is posted or emailed, whichever comes first. These changes will be effective immediately for new users of our website and services. If you disagree with the changes, you must stop using our website and services. By continuing to use our website or services, you agree to be bound by the updated Terms. Please ensure your email address on file is up-to-date; if it’s not, our dispatch of an email will still serve as effective notice.
17. Arbitration Agreement
Applicability of Arbitration Agreement: Any dispute, claim, or controversy arising from or related to these Terms, or your use of ZEAC’s website or services, shall be resolved through mandatory, final, and binding arbitration, rather than in court. Exceptions to this include (i) claims brought in small claims court if applicable, and (ii) claims for equitable relief related to intellectual property rights, such as trademarks or copyrights, which may be resolved in court.
Arbitration Rules and Forum: Before seeking arbitration, you must first contact ZEAC at legal@zeacservices.com to attempt to resolve the dispute informally. If the dispute is not resolved within 60 days, it shall be submitted to binding arbitration under the Judicial Arbitration and Mediation Services (“JAMS”) rules. The arbitration will be conducted in English, in a location agreed upon by both parties, or in Santa Clara County, California if no agreement is reached. If JAMS is unavailable, an alternative arbitration forum will be selected. If you cannot afford the arbitration fees, ZEAC will cover them, provided your claim is not deemed frivolous. The arbitrator’s decision will be final and binding, and the arbitration will not be consolidated with other cases. The arbitrator has the authority to award monetary damages and non-monetary relief as permitted by law and these Terms.
Waiver of Jury Trial: YOU AND ZEAC HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. All claims and disputes will be resolved by arbitration under this Arbitration Agreement.
Waiver of Class or Collective Actions: All claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis. Class or collective arbitration is not permitted. If this provision is found unenforceable, the claim must be brought in state or federal court in San Francisco, California.
30-Day Opt-Out Right: You may opt-out of this Arbitration Agreement by sending written notice to ZEAC within 30 days of becoming subject to it. Your notice must include your name, address, and a clear statement of your intent to opt-out. If you opt-out, the rest of the Agreement remains in effect.
Severability: If any part of this Arbitration Agreement is found invalid or unenforceable, the remainder will remain in effect.
Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with ZEAC.
18. Miscellaneous
These Terms and any related actions are governed by the laws of the State of California, without regard to conflict of law principles. These Terms, along with any additional terms presented to you by ZEAC, constitute the entire agreement between you and ZEAC regarding your use of our website and services. Failure to enforce any part of these Terms does not constitute a waiver. If any provision is found invalid or unenforceable, the remaining provisions will stay in effect. You agree not to export any U.S. technical data acquired from ZEAC in violation of export laws. You may not assign your rights or obligations under these Terms; any attempt to do so is void. ZEAC may assign this Agreement without restriction.
19. Important Information for Specific Regions
Certain regions, such as South Australia and Western Australia, have specific regulatory requirements. If you are located in these regions and using ZEAC’s services, you must comply with local regulations, including appointing a Relevant Agent if required. ZEAC may act as your Relevant Agent in some circumstances. If you no longer own or operate a system governed by these regulations, you must notify ZEAC promptly. ZEAC may share your data with regulatory authorities or third parties as required to comply with local laws.
For more information, please refer to the local regulatory guidelines relevant to your region.
Questions or Concerns
If you have any questions or concerns regarding these Terms, please contact us at info@zeaccorporation.com
