Zipappeal, LLC Terms of Use Policy and Privacy Policy

Terms of Use

Last Updated December 15, 2017

These terms of use (the “Terms of Use”) covers the Zipappeal, LLC website, mobile application, the website and mobile application services, and other products and services (the “Zipappeal Website”). The Zipappeal Website and Zipappeal.com is owned by Zipappeal, LLC (Zipappeal, “We”or “Us”), organized under the laws of the State of Delaware. Zipappeal offers users (“Member”, “You” or “Your”) services (“Our Service”) that allows you or will allow you to educate yourself on property tax savings, enter your address to receive a property tax savings estimate, and direct and file homeowner savings claims (including, but not limited to, property tax savings) filings through the Zipappeal Website.

By accessing the Zipappeal Website, you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member of Zipappeal. If you wish to become a member and make use of the Zipappeal Website, please read these Terms of Use. You agree that:

1. Account. If you choose to use Our Service, you represent that you have full power, capacity and authority to accept these Terms of Use.

a) You must be 18 years or older, and be legally permitted under the laws of the state in which You are a resident or from which You are using Our Service;

b) You must be a human to open an account. Accounts registered by "bots" or other automated methods are not permitted;

c) You must personally and manually create your account without using any automated means; except the auto-complete feature in your Mobile or Website browser. A Third Party may not create an account for you and you must not allow any Third Party to use your information to create an account;

d) You must provide your legal full name, valid email address, zip code, and any other information we request to complete your account-signup process;

e) You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation;
f) You may maintain and use no more than one account at a time to use Our Service. Use of more than one account at a time will be grounds for terminating Your account. and use of Our Service:
g) The purchase, sale, assignment or transfer of any accounts is prohibited; and
h) You are responsible for your own conduct and activities on, through or related to Our Service. If you create an account to use Our Service, You are responsible for all conduct or activities on, through or by use of Your account. You must immediately notify us of any unauthorized use of your account.

2. Account Termination. We or You may terminate this Agreement at any time by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Only if Your account is terminated without cause, will we refund You for unused Credits. If Your account is terminated, we may permanently delete your account and all the data associated with it from our Zipappeal Website. If You don’t log in to your account for 12 or more months, We may treat your account as "inactive" and permanently delete the account and all the data associated with it.

3. Account Dispute. We consider the person or business entity in whose name the account is registered in to be the owner.

4. Service Plan. If we determine based on Our Service that you may be eligible for savings that is greater than $200, we charge a $99 fee - as we explain on the pricing page of our Zipappeal Website. if you’re account is inactive for more than 18 months your account may be deleted.

5. Payments. As long as you’re a Member or have an outstanding balance with us, you'll provide us with a valid payment source and authorize us to deduct your purchase against that payment source. You’ll replace the information for any payment source that expires with information for a different valid payment source. Anyone providing a valid payment source represents and warrants that he or she is authorized to use that payment source, and that all charges may be billed to that payment and won’t be rejected. If, for some reason, we’re unable to process your payment, we’ll try to contact you by email and suspend your account until your payment can be processed. As long as you’re a fitness professional member, you authorize us to deduct our agreed upon fee from any payment made to you.

6. Refunds. If after your property tax filing or other savings filing does not result in an annual savings of at least $200.00, will refund the fee that you paid for Our Service. We will also refund your filing fee if your account is terminated without cause.

7. Changes. We may change these Terms of Use or Our pricing at any time by posting the changes to Zipappeal Website or notifying you by email. Unless you terminate your account within ten (10) days, the new Terms of Use or Pricing will be effective immediately and apply to any continued or new use of Our Service.

8. Property Tax Appeals and Filings. You agree and understand that You are utilizing Zipappeal, zipappeal.com and Our Service to: (1) personally complete property tax appeal complaint forms; and (2) verify all information submitted to Zipappeal; (3) agreeing to any legal language required to by the applicable county/governmental agencies; (4) personally and directly submit Your property tax appeal complaint forms to the applicable county/governmental agencies. You acknowledge and understand that Zipappeal is not representing me in the appeal process, Zip Appeal is not a law firm, and Zip Appeal or any of its employees, agents, or affiliates is not providing me with a legal service or tax appeal representation. Zip Appeal empowers me to quickly gather my appeal evidence and saves me time and money by allowing me to complete the appeal process on my own in three minutes or less. If attorney submission is required by the applicable county/governmental agency, you will enter into a separate authorization agreement with such attorney to submit the appeal on your behalf. You will not be responsible for payment to the attorney as Zipappeal will make payment on your behalf.

9. Privacy Policy. Zipappeal and the Zipappeal Website may use and disclose your information according to our Privacy Policy. Our Privacy Policy is incorporated into these Terms of Use

10. Member Warranties. You promise not to:

a) send unsolicited bulk mail, spam, or other communications;

b) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

c) send pornography or other sexually explicit communications, communications offering to sell illegal goods or services, communications that violate CAN-SPAM Laws, or marketing or commercial communications without permission;

d) infringe on any third party’s ownership rights by using any material in your uploads that is not owned or licensed by You. This includes text, photos, graphics, and other content;

e) Use any misleading or incorrect names, addresses, email addresses, subject lines, photographs, content or other information on the Zipappeal Website or in any communications sent using Our Service;

f) breach or circumvent any laws, third party rights or our systems, policies, or determinations of Your account status;

g) use any robot, spider, scraper or other automated means to access our Service for any purpose;

h) harvest or otherwise collect information about members without their consent; or
i) upload harassing, offensive, obscene, defamatory, threatening, or malicious content or communications.

11. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, ZIPAPPEAL OFFERS THE ZIPAPPEAL WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE ZIPAPPEAL WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE. ZIPAPPEAL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE ZIPAPPEAL WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability. EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL ZIPAPPEAL, ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE ZIPAPPEAL PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE ZIPAPPEAL WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE ZIPAPPEAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY MONTH WILL BE NO MORE THAN WHAT YOU PAID US THE MONTH BEFORE.

13. Release. If You have a dispute with one or more members, You release the Zipappeal Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.

14. Indemnification for Breach of Terms of Use. You agree to indemnify and hold harmless the Zipappeal Parties from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms of Use of the Zipappeal Website. You also agree to indemnify and hold harmless the Zipappeal Parties from and against any and all claims brought by third parties arising out of the your use of the Zipappeal Website and the content You make available via the Zipappeal Website by any means, including without limitation through an emailing, posting, a link, reference to content, or otherwise, whether by You or a third party using Your password.

15. Attorneys Fees. In the event We prevail in any action against You arising out of or relating to this Agreement, We shall be entitled to recover damages, other relief we may be awarded, its costs and expenses, including but not limited to reasonable attorneys fees and collection fees, incurred in connection with such action.

16. Subpoena Costs. If We have to provide information in response to a subpoena related to Your account, then We may charge You for our costs. These costs may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

17. Intellectual Property Rights.
a) Ours. The Zipappeal Website and the original content, features and functionality (including look), are owned by Zipappeal, LLC and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our copyrighted material. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through Zipappeal.

b) Yours. You represent and warrant that you either own or have permission to use all of the material you upload to Zipappeal. You retain ownership of the materials you upload to the Service. You grant us a license to use or disclose your materials to provide Our Service and as otherwise described in these Terms of Use and our Privacy Policy.

18. Compliance with Law. You represent and warrant that your use and interaction with Zipappeal is in compliance with all national, federal, state, and local laws, ordinances and regulations. If You are located in a Country outside the United States, it is Your responsibility to determine that You are in compliance with the laws of that Country. You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.

19. Force Majeure. We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, Armageddon or any other force majeure event.

20. Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

21. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.

22. Headings. The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

23. Waiver. Our failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.

24. Amendment. This Agreement will only be amended by our posting new terms on this Zipappeal Website. These new terms will then be incorporated into the existing Agreement. If there is a conflict between the existing terms and the new terms, the new terms shall control.

25. Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Texas without regard to its conflict of laws rules.

26. Dispute Resolution. Any dispute or controversy You or We have arising under or in connection with this Agreement shall be settled exclusively by arbitration in the State of Illinois, in accordance with the expedited Commercial rules of the American Arbitration Association then in effect, by one arbitrator. Judgment may be entered on the arbitrator's award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages.

Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between You and Us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

The above notwithstanding, if You violate these Terms of Use then We may seek injunctive or other equitable relief.

27. Assignment. You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

28. Disclaimer. In no event will the Zipappeal Parties be responsible for the actions of any third party. Third parties may include but are not limited to advertisers, linked websites or other members.

29. Notice. All notices to You will be effective when We send it to the last email or physical address you gave us or posted on our Zipappeal Website. Any notice to Us will be effective when delivered to us at:

2700 PATRIOT BLVD, SUITE 250

GLENVIEW, IL 60026

ATTN: Amish Shah

amish@zipappeal.com

30. Copyright Infringement. If copyrighted content that belongs to you was posted on the Zipappeal Website without your permission please notify us at:

2700 PATRIOT BLVD, SUITE 250

GLENVIEW, IL 60026

ATTN: Amish Shah

amish@zipappeal.com

Please include in your notice:

  1. an electronic or physical signature of the copyright owner or someone authorized to act on their behalf;
  2. the name, address, telephone number, and email address of the copyright owner;
  3. identification of the copyrighted work that is being infringed;
  4. identification of where the infringing material is located on our Zipappeal Website (a URL works best);
  5. a statement that you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law; and
  6. a statement that
    1. the information in your notice is accurate, and
    2. you’re authorized to act on behalf of the copyright owner.
  7. This statement must be made under penalty of perjury, meaning if any part of the statement is false, you could be committing perjury—a serious offense that’s sometimes even classified as a felony.

Warning: If you knowingly make a false statement in your claim of copyright infringement, then you may be subject to liability for damages and heavy civil penalties. If you’re not sure whether material on one of our Zipappeal Websites infringes your copyright, then you should speak with a lawyer before notifying us. We may forward your notice to the user that uploaded the content.

31. Entire Agreement. This Agreement together with Our Privacy Policy and any additional terms You have agreed to constitute(s) the entire agreement with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral.