Terms and Conditions
Welcome to ZeroDown! The zerodown.com website (the “Site”) is comprised of various web pages operated by T. P. Hamilton, Inc. d/b/a ZeroDown (together with its affiliates, parents, subsidiaries, directors, officers, employees, consultants, agents and representatives, “ZeroDown”). The terms, conditions, provisions and notices contained herein (the “Terms”) govern your use of the Site and the other products, features, apps, services, technologies and software offered by ZeroDown (together with the Site, the “Services”), except where we expressly state that separate terms (and not these Terms) apply. The Services are offered to you conditioned on your acceptance without modification of the Terms, and your use of the Services constitutes your agreement to the Terms. Please read the Terms carefully and keep a copy of them for your reference.
Visiting the Site or sending emails to ZeroDown constitutes electronic communications. This “E-Sign Consent” constitutes your consent to receive disclosures and other information in electronic form. In connection with ZeroDown’s residential lease program, ZeroDown is required by law to provide you with certain disclosures. Without your consent, ZeroDown is not permitted to provide those disclosures to you online. If you do not consent to this E-Sign Consent, you should refrain from applying for ZeroDown’s residential lease program and seek alternative housing opportunities.
A. ZeroDown, and its third-party vendors (collectively, the “Company”) may provide disclosures required by law and any other information about your legal rights and duties and your account to you electronically.
B. The Company can send any communications, billing statements, or required disclosures (together, “Disclosures”) to you electronically to the email address that you have provided to us.
C. The Company will notify you via e-mail when the Disclosures are available. The Disclosures will be available for at least thirty (30) days and will be provided to you in a format that can either be printed or downloaded for your records. Whenever the Company sends you an email regarding the Disclosures, that email will contain instructions regarding how to view the Disclosures.
D. Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
E. This consent applies to any transaction undertaken with the Company in the past, to all future disclosures and communications on your account, to all future transactions with the Company, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ZeroDown is not responsible for third party access to your account that results from theft or misappropriation of your account. ZeroDown and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
By using the Services, you consent to receive information from us via SMS, MMS and/or OTT messages sent through an automated telephone dialing system (“Text Service”), even if you have opted in to the National Do Not Call List, any state Do not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. The enrollment process will disclose the program and options to cancel your enrollment. You do not have to participate in the Text Service in order to use the Services. In the event you no longer want to participate in the Text Service, you agree to notify us directly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to the person that acquires your old number.
There is no additional charge for the Text Service, but your mobile carrier’s standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS, MMS or OTT messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
As described in the Text Service enrollment and welcome messages, including messages sent to a shortcode associated with the Text Service or by reply to any message you receive from us, you may text “STOP” to cancel. If you choose to cancel your Text Service, you agree to receive a final text message from the Text Service confirming your cancellation.
In the event that you have the ability to invite others to use the Services through the Text Service by providing the numbers of those you want to invite or by selecting the individuals you want to invite from your contacts list, and by asking us to invite others to use the Services, you represent to us that those you invite consented to receive the automated invitation messages and that you are authorized to convey that consent to us.
ZeroDown does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. In order to use or access any of the Services, you must be (1) at least 18 years old, or (2) at least 13 years old and have your parent or guardian’s consent to the Terms.
zerodown.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ZeroDown and ZeroDown is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ZeroDown is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ZeroDown of the site or any association with its operators.
Certain services made available via zerodown.com are delivered by third party sites and organizations. By using any of the Services or any product, service or functionality originating from the zerodown.com domain, you hereby acknowledge and consent that ZeroDown may share such information and data with any third party with whom ZeroDown has a contractual relationship to provide the requested product, service or functionality on behalf of ZeroDown users and customers.
All content included as part of the Site or other Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site or other Services, is the property of ZeroDown or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ZeroDown content is not for resale. Your use of the Site or other Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ZeroDown and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ZeroDown or our licensors except as expressly authorized by these Terms.
You will be able to connect your ZeroDown account to third party accounts. By connecting your ZeroDown account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Services are controlled, operated and administered by ZeroDown from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ZeroDown content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless the Company, for any losses, costs, liabilities and expenses including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or other Services, any user postings made by you, your violation of any of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ZeroDown reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ZeroDown in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Termsor any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ZeroDown agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZERODOWN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ZERODOWN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN THE OTHER SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZERODOWN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZERODOWN. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR OTHER SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR OTHER SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, THE OTHER SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR OTHER SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZERODOWN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR OTHER SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR OTHER SERVICES.
ZeroDown reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ZeroDown as a result of this agreement or use of the Services. ZeroDown's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ZeroDown's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by ZeroDown with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ZeroDown with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ZeroDown with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
ZeroDown reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. ZeroDown encourages you to periodically review the Terms to stay informed of our updates.
ZeroDown welcomes your questions or comments regarding the Terms:
T P Hamilton Inc. d/b/a ZeroDown
149 New Montgomery St., Floor 4
San Francisco, California 94105
Effective as of November 6, 2019