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Terms of Use

PLEASE READ THESE USER TERMS OF USE CAREFULLY. If you disagree with any part of these User Terms of Use, please refrain from using our Site in any way. We may modify these Terms of Use from time to time in our sole discretion, and will post the effective date of any version of these Terms at the end of these Terms. You should not continue using this Site if you do not agree with the version of the Terms in effect at that time. By continuing to use the Site, you agree and accept the version of the Terms in effect at that time.

The terms “Gezoont”, “us”, “our” or “we” refers to Gezoont LLC, the owner of this Site. The terms “you” or “your” refers to you, as a User of our Site.

By continuing to browse or use this website or any mobile application or services made available through Gezoont (collectively, the “Site”), you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms of Use” or “Terms”), which together with our Privacy Policy and Acceptable Use Policy govern Gezoont’s relationship with you in relation to the Site. When you access, browse, register or use the Site in any way, you become a “User”. If you are a provider (or agent or affiliate thereof) through our Site that creates an account, you become a “Provider” and are subject to the separate Provider Terms of Service (contact legal@gezoont.co for a copy).

1.The Gezoont Site

1.1 Eligibility. To access or use the Site, you must:

(a) be in the United States of America;
(b) be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. If you are younger than 13 years old, you are not permitted to use this Site.
(c) have the authority to enter into these Terms on behalf of any entity or person for whom you are using the Site; and
(d) not have been previously banned you from the Site.

1.2 Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

2.Services Provided

2.1 Overview. The Site consists primarily of a directory (the “Directory”) of healthcare professionals and providers of health-oriented services and activities and activity providers (collectively, “Providers”). Users who access the Site and Directory can locate and schedule appointments with Providers, submit feedback regarding Users’ experiences with Providers found through the Directory, and post on the Site’s blog (the “Services”).

2.2 Site Accounts. By creating an account on the Site, you may have access to certain Gezoont features, including being able to schedule appointments, finding out about activities and events, and promotions. The information we collect in connection with your account, and how we use that information, is set forth in more detail in our Privacy Policy.

2.3 Appointments, Activities and Events. Appointments, activities and events are subject to additional terms and conditions provided outside of these Terms.

3.General Terms

3.1 Privacy Policy. We care about your privacy. Our Privacy Policy is posted here https://mailchi.mp/98efcabaed49/special-needs2, and is a part of these Terms of Use and incorporated herein by reference.

3.2 Responsibility for Your User Account. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

3.3 Using Your Account. Unless you are a Provider (and subject to our Provider Terms of Service), you may only use your account for personal, non-commercial purposes. In creating an account, we ask that you provide complete and accurate information. You may not impersonate someone else (e.g., adopt the identity of a celebrity or a friend), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information, use the same account information on other sites, or allow other sites to share information about you with Gezoont.

4. Your Information Is Accurate. You represent and warrant to us that any information you provide to Gezoont, including any contact and insurance information, is accurate and that you will keep it accurate and up to date. If you do not wish to input certain information due to personal concerns, then please omit this information when you register for and use the Site.
4.1 Communications from Gezoont. By creating an account, you agree to receive communications we send in connection with the Site. For example, you may receive occasional updates about special promotions and events. Such communications may be sent by email, text message or other means. We reserve the right to communicate with you about important administrative issues relating to your account (including orders you place, technical, security-related, privacy and functional issues).

4.2 Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by telephone service providers (“Carrier”), etc.). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Site (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.

4.3 Linked Sites. The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to Users. Gezoont does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Gezoont makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

4.4 Third Party Services. You may also be able to connect to the Site through a third party service, such as Facebook or Google. If you connect to the Site through a third party service, you give us permission to access and use your information from such third party service as permitted by such third party service, and to store your log-in credentials for such third party service. Gezoont has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed by any such third party.

4.5 Your Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT GEZOONT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE, INCLUDING PROVIDERS WHO ARE REVIEWED OR OTHERWISE FEATURED ON THIS SITE.

5.Content

5.1 General. “Content” means text, images, photos, audio, video, location data, and all other forms of data, information or communication available through the Site, relating to the Services or otherwise delivered to you by Gezoont. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, posts, messages, pictures, comments and information that you publicly display or is displayed in your account profile. “User Content” means Content that Users submit or transmit to, through, or in connection with the Site. “Provider Content” means Content that Providers submit or transmit to, through, or in-connection with the Site. “Gezoont Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Gezoont or Users, which is made available in connection with the Site.

5.2 Your Content. You retain all of your ownership rights in Your Content. However, we may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms and any other media channel now known or hereafter discovered or developed (“Other Media”); which use may occur while you are a user or anytime thereafter. Your Content may be made public without any additional notice to or consent by you and you should assume that any person may read Your Content. Even if Your Content is removed from the Site, Gezoont may retain Your Content in backups indefinitely and Your Content may be cached in search engine indices after removal and Gezoont has no control over such caching. By submitting Your Content to Gezoont, you hereby grant Gezoont a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any Other Media. You also hereby grant each user of the Site a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these Terms of Use. You irrevocably waive, and cause to be waived, against Gezoont and Users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, prepare derivative works and otherwise exploit Your Content.

5.3 Gezoont Content. We own the Gezoont Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content, Provider Content, and other Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content, Provider Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Gezoont Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Gezoont Content in whole or in part except as expressly authorized by us.

5.4 Content Disclaimer; Not Medical Advice. The Content that you obtain or receive from the Site, Services or Gezoont, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medical information, including, without limitation, information shared via the Site is for informational purposes only. THE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE. We encourage you to independently confirm any Content that may be relevant to you with other sources, including the Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education, if applicable. Gezoont does not guarantee that any Content is timely, accurate or complete, and Gezoont will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content.

6.Feedback

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Gezoont and its Users any claims and assertions of any moral rights contained in such Feedback.

7.Usage

7.1 Acceptable Use Policy. You agree to use the Site in accordance with our Acceptable Use Policy, at (contact legal@gezoont.com).
7.2 Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:

(a) Violate these Terms of Use;
(b) Reverse engineer any portion of the Site;
(c) Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
(d) Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
(e) Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Content; or
(f) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Content, or features that enforce limitations on the use of the Site.

7.3 Termination of Use; Discontinuation and Modification of the Service. We may terminate your user account on the Site or suspend or terminate your access to the Site at any time, with or without notice, if you violate any of these Terms, as determined in our sole discretion. We also reserve the right to modify or discontinue the Site at any time (including, without limitation, by limiting or discontinuing certain features of the Site) without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site.

8.Healthcare Related Terms and Disclaimers

9.No Doctor/Patient Relationship. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR RECEIVE CONTENT FROM GEZOONT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM GEZOONT INCLUDING ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE PROVIDER IN ANY FIELD.

9.1 Sponsored Results; No Endorsement. Providers listed through the Services enter into contracts with us, and may pay us additional fees in order to be marketed through the Services, including appearing as “Sponsored Results” (i.e., higher or better placement on lists). Note that Gezoont (a) does not recommend or endorse any Providers or Provider Content and (b) does not make any representations or warranties with respect to these Providers or the quality of the healthcare services, activities or information they may provide. We do not recommend or endorse any specific tests, Providers, procedures, opinions, or other information that may appear through the Services. Any procedures, products, services or devices represented through the Services by Providers and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success. Information on the Site may become out of date or inaccurate. In addition, the Site or any part thereof may be discontinued, suspended, added to or changed by Gezoont with no liability to Gezoont.

9.2 User Responsibility; No Guarantee of Provider Services. YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE. Gezoont is not responsible for verifying the certifications, background, claims or similar information of any Provider. Gezoont has no control over, and cannot guarantee the availability of, any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Site or Services whatsoever.

9.3 Medical Emergencies. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911.

9.4 HIPAA Authorization. Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of this health and health-related information may be considered “protected health information” or “PHI” if such information is received from or on behalf of Your healthcare providers. HIPAA protects the privacy and security of your PHI by limiting the uses and disclosures of PHI by most healthcare providers and by health plans (called “Covered Entities”) as well as companies, like Gezoont, that provide certain types of assistance to Covered Entities (called “Business Associates”). Under certain circumstances described in HIPAA, an individual needs to sign an authorization form before a Covered Entity, like your Provider(s), can disclose protected health information to a third party. Our HIPAA authorization form is located with the Privacy Policy at https://mailchi.mp/98efcabaed49/special-needs2.

10.Payment Terms

The Services are free, but you are still directly responsible to Providers for the fees that apply to you. You are responsible for ensuring that all information that you provide to Gezoont is accurate and up-to-date, including your insurance information. Some Services may not be available through Gezoont or your Provider depending upon a number of factors, including your insurance participation. Ultimately, you must resolve any dispute between you or any Provider arising from any transaction hereunder directly with the Provider.

11.Warranty Disclaimer

11.1 NO WARRANTY. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. GEZOONT MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE CONTENT. ACCORDINGLY, GEZOONT IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.

11.2 Third Parties. GEZOONT IS NOT AN AGENT OF ANY THIRD PARTY PROVIDER. GEZOONT MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING OUR INFORMATION SHARING PARTNERS OR ANY, PROVIDER, BUSINESS, INDIVIDUAL OR ADVERTISER LISTED OR OTHERWISE ON THE SITE. ACCORDINGLY, GEZOONT IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF SUCH THIRD PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION.

11.3 Disclaimer of Warranties. GEZOONT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF GEZOONT SHALL CREATE A REPRESENTATION OR WARRANTY. WITHOUT LIMITING THE FOREGOING, GEZOONT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (i) WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES, (ii) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

11.4 Remedy. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

11.5 Disclaimer. GEZOONT DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

12.Limitation of Liability

12.1 LIABILITY WAIVER FOR ACTIVITIES. YOUR PARTICIPATION IN ACTIVITIES OR EVENTS OFFERED THROUGH THE SITE IS SUBJECT TO AND CONDITIONED UPON YOUR AGREEMENT TO THE TERMS AND CONDITIONS PROVIDED IN CONNECTION WITH YOUR ACTIVITY REGISTRATION ACCOUNT.

12.2 No Liability. Neither Gezoont nor any of its officers, directors, employees, partners, agents, affiliates or licensors shall be liable to you or any other person for any damages whatsoever, including any direct, indirect, incidental, special or consequential damages arising out of or relating to your use of our Site or Content. If applicable law does not permit exclusion of all damages, then your cumulative direct damages arising out of or relating to your use of our Site or Content shall be limited to $100.

12.3 Enforceability. If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.

13.Indemnification

You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, claims, and expenses, including attorneys’ fees (“Claims”), that arise from your breach of these Terms or your use or misuse of our Site or Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.

14.Termination

14.1 Closing Your Account. You may request to terminate your user account from within your user account. Please review our Privacy Policy for information about the effect of account termination on our use of the data we have collected from you. Please keep in mind that it may take up to ten (10) business days to complete the termination of your account.

14.2 Losing Rights to the Site. We may close your account, terminate, deactivate, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, or any other related information.

14.3 Terms Continue After Termination. In the event of any termination of these Terms, whether by you or us, these Terms will continue in full force and effect.

15.Disputes

15.1 Governing Law. You agree that these Terms or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and Gezoont arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms, the Site, Gezoont advertising or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of New York, without regard to its conflicts of laws rules. Subject to Section 13.2, the state and federal courts in New York County, New York shall have exclusive jurisdiction over any Claim (as defined below).

1.1 Binding Arbitration – Class Action Waiver. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and Gezoont, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Gezoont”) arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms), the Site, Gezoont’s advertising or any related transaction (a “Claim”) shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, in accordance with the Consumer Arbitration rules then in effect (available at http://www.adrservices.com/wp-content/uploads/2017/04/ADR-ARBITRATION-RULES-Final-Version-4-11-17.pdf or by calling the AAA at 1-800-778-7879), or any other established alternative dispute resolution provider mutually agreed upon by you and Gezoont. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will be limited solely to the dispute between you and Gezoont. Neither you nor Gezoont shall be entitled to join or consolidate Claims by or against other customers or arbitrate any Claim as a representative or class action or in a private Attorney General capacity. 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 shall be final and binding on you and Gezoont and may be entered as a judgment in any court of competent jurisdiction. You and Gezoont shall pay your and its own costs and attorneys’ fees. However, if you or Gezoont prevails on a statutory Claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Arbitration shall take place in New York County, New York.

1.2 Limitations of Actions. Any Claim must be brought within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such Claim shall be forever barred.

16.Electronic Signatures and Agreements

You acknowledge and agree that by clicking on buttons or boxes labeled “I AGREE …”, “I CONSENT …”, “DOWNLOAD”, “I ACCEPT …” or such similar links as may be designated by Gezoont to accept the terms and conditions of these Terms of Use, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms.

17.Miscellaneous

17.1 Modification of Terms. These terms may be modified by Gezoont from time to time in its sole discretion, and we will post the effective date of any version of these Terms at the end of these Terms. If you have a registered account, and the Terms have been modified since you last logged into your account, upon logging into your account you will be notified of the version of the Terms in effect at that time. You should not continue using this Site if you do not agree with the version of the Terms in effect at that time. By continuing to use the Site, you agree and accept the version of the Terms in effect at that time.

17.2 Continuity of Site. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

17.3 Entire Agreement. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

17.4 Waiver. Any failure on Gezoont’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

17.5 Severability of Terms. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

17.6 Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Gezoont’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

17.7 Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.

17.8 Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Site infringes your copyright, please send (or have your agent send) to Gezoont’s Copyright Agent (as defined below) a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on such owner’s behalf; and (f) your physical or electronic signature. Gezoont’s Copyright Agent for notification of claimed infringement can be reached as follows:
Copyright Agent
Gezoont LLC
legal@gezoont.com
Attn: Legal Dept.

Gezoont’s Copyright Agent for notification of claimed infringement can also be reached electronically at: legal@gezoont.com. Gezoont reserves the right to terminate infringers’ and suspected infringers’ accounts or their access to or use of the Site.

17.9 Notice for California Residents. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.

17.10 Notices. Except as explicitly stated otherwise, legal notices (including notices concerning these Terms) will be served, with respect to Gezoont, by email to legal@gezoont.com, and, with respect to you, to the email address you provide to Gezoont during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

17.11 Effective Date of these Terms: October 20, 2019