Help

Product Agreement

Welcome to the zendough web site, www.zendough.com, (the "Site"). This Product Agreement (the "Agreement") contains the terms and conditions upon which you ("you," or the "member") may access the zendough product through the Site. You agree to be legally bound by these terms.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

YOU MUST SCROLL DOWN, READ AND ACCEPT THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE PERMITTED TO REGISTER FOR AND PURCHASE ZENDOUGH.

zendough is provided by TransUnion Interactive, Inc. ("TUI"), a wholly-owned subsidiary of TransUnion, LLC ("TransUnion"). TUI may utilize one or more third parties to provide one or more of the benefits of zendough, in whole or in part, to you (each, a "Supplier") TUI and all such Suppliers are collectively referred to in this Agreement as "we", "us" and "our".

zendough maintains this Site to provide you with information about zendough and to facilitate the delivery of the zendough product to you.

zendough and TUI are not credit repair organizations, or similarly regulated organizations under other applicable laws, and do not provide credit repair advice. We do not claim that we are able to "clean up" or "improve" your credit record, credit history or credit rating.

zendough credit monitoring monitors only the credit file associated with the purchasing consumer, and does not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).

IN ORDER TO DELIVER ZENDOUGH TO YOU, WE MUST OBTAIN YOUR CONSUMER CREDIT FILE AND OTHER INFORMATION. YOU HEREBY AUTHORIZE ZENDOUGH TO ACCESS YOUR CREDIT FILES FROM EACH NATIONAL CREDIT REPORTING AGENCY AND TO EXCHANGE CERTAIN INFORMATION ABOUT YOU WITH EACH SUCH NATIONAL CREDIT REPORTING AGENCY IN ORDER TO VERIFY YOUR IDENTITY AND PROVIDE ZENDOUGH TO YOU.

MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM CERTAIN GOVERNMENT AGENCIES. IN ADDITION, CREDIT REPORTING AGENCIES ARE REQUIRED BY APPLICABLE FEDERAL AND STATE LAW TO FURNISH YOU A COPY OF YOUR CREDIT REPORT UPON REQUEST, IN SOME INSTANCES AT NO CHARGE, OR FOR A NOMINAL FEE, SEE "FAIR CREDIT REPORTING ACT" BELOW.

Gift Certificate Codes

For customers with a gift certificate code, obtained through zendough or a third-party provider: your gift certificate entitles you to receive free product(s) pursuant to the terms outlined by your provider. There will be no charge made to you for the product(s), the product(s) will not be renewed at the end of the product period and your credit card will not be charged. If you desire product(s) from zendough after the end of the product period provided by your financial institution through the gift certificate, it will be necessary to order the products available at the then market rate.

7-Day Discounted Trial

From time to time, zendough may offer a 7-day discounted trial. The credit card you designated as your preference will be charged the disounted price upon registration. You may cancel your subscription at any time without further obligation during the 7-day trial period. If you wish to continue your zendough subscription, do nothing and your subscription will automatically continue without interruption. The regular monthly fee (plus sales tax, if applicable) will be charged at the conclusion of the 7-day trial period to the credit card or debit card you designated as your preference. To cancel your subscription please contact our Customer Service Team. For contact information and hours of customer service click here. The 7-day discounted trial is available one time only per customer. Once the 7-day trial has been canceled all subsequent orders will be billable at the prevailing monthly subscription rate.

zendough Membership

As a zendough member you understand that it is a membership that automatically renews itself every month indefinitely without action by the member on the monthly anniversary day of your initial purchase. The monthly membership fee will be billed to the credit card or debit card that you designated as your preference, or if you have not designated a preference, to the account most recently used on the Site. Should the billing fail to authorize, you will be notified via email immediately. The benefits of your membership (including, without limitation, online credit reports and daily monitoring alerts) may be suspended until payment is received provided payment is received within 25 days. If payment is not received within 25 days, any product benefits you may have received will be purged from your account, and your membership will be canceled. An enrollee whose membership fee has been paid is entitled to all privileges included in the zendough membership until the membership is canceled by the enrolled member or otherwise terminated as described later in this document. Upon cancellation, the member loses access to the areas of the Site designated for zendough members only and loses access to the member's data and other benefits. A member may cancel at any time. Should you decide to cancel your subscription a Customer Service representative can arrange for all future renewal fees to be canceled. However, please note that neither full nor pro-rated refunds will be given for the current month.

Product benefits will be available for the period stated in the product description. Enrollment in the monitoring program will usually occur within 24 hours of your successful registration for zendough but may be delayed. If zendough is unable to confirm enrollment for any reason, notification will be made by zendough to the email address we have on record for you at the time of the notice.

Your consent to enable zendough to obtain credit and other data to fulfill the benefits of zendough shall be valid until your zendough membership has been cancelled. To cancel your membership, please contact our Contact Customer Service Team. For contact information and hours of customer service click here.

Credit Monitoring

zendough's credit monitoring feature monitors your three national credit files which are separately owned and/or maintained by each of the national credit reporting agencies: TransUnion, Experian, and Equifax. Credit Monitoring monitors the credit file at each credit agency most closely identified with you based on multiple identifying factors such as first, middle and last names, current and former addresses, Social Security number and date of birth. Credit Monitoring may not advise or alert you if an item of identifying information about you (including your name or address or Social Security number) is contained in the applicable credit reporting agency credit file of another person, and will not provide you with any information contained in another individual's credit file. Credit Monitoring does not monitor, compare or cross-reference your credit file (s) with the credit files(s) of any other person.

ID Theft Restoration Services

zendough will provide you with certain ID Theft Restoration services outlined below (the "ID Theft Restoration Services") during the period that you are a member. zendough and its third party service providers are obligated only to provide services in the United States to members domiciled in the United States. The ID Theft Restoration Services are provided by TransUnion under an agreement with zendough. In no event shall zendough or TransUnion, be liable for consequential damages, for any delay in ID Theft Restoration Services, or for loss of use of funds during the period that your service request is being processed. zendough and TransUnion shall not be obligated to provide ID Theft Restoration Services, nor shall it be liable, if you have not provided complete, accurate and current information relating to your service request. zendough and TransUnion are not obligated or responsible for providing ID Theft Restoration Services for any service request based on (a) an act of fraud, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any authorized representative of you, whether acting alone or in collusion with you or others, (b) authorized charges that you have disputed based on the quality of goods or services, (c) authorized account transactions or trades that you have disputed, or are disputing, based on the execution (or non-execution) of electronic transfers, trades or other verbal or written instructions or directions, (d) losses, damages or expenses arising out of any business pursuits, (e) any losses, damages or expenses that were incurred or commenced prior to your credit monitoring membership commencement, and (f) theft or damages of traveler's checks, tickets of any kind, negotiable instruments, cash or its equivalent, circulating currency, passports, documents, real property, animals, living plants or consumable items, motorized vehicles of any type, watercraft, aircraft, and items intended for storage, transport, display or habitation.

Identity Theft Insurance

The identity theft insurance benefit for zendough members is underwritten and administered by AIG and its affiliates under a master group policy issued to TUI (doing business as zendough) for the benefit of credit monitoring members. A summary of the terms of coverage are set forth on the certificate of insurance located here. The complete policy is available from zendough on request. AIG administers all claims and zendough shall have no responsibility with respect to such identify theft benefit.

Risk Score

The ID Risk Score Identity Theft Alerts and related services are provided to zendough under a license from ID Analytics, Inc. ("ID Analytics"). By consenting to the Agreement, you are giving your permission to zendough to securely transfer a portion of your personal data to ID Analytics to the extent necessary to allow ID Analytics to provide the ID Risk Score and other services to you. In addition, you agree that such data may be securely retained by ID Analytics and added to the database ID Analytics uses to perform its services.

News Service

Neither zendough, its service provider YellowBrix nor any third-party licensor shall have any liability for the accuracy or completeness of this service or any component thereof or for delays, inauthenticity, omissions or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including without limitation, any lost profits, indirect, special or consequential damages. Either YellowBrix or third-party licensors have exclusive proprietary rights in the information received via the service. You shall not use or permit anyone to use the information provided through zendough for any unlawful or unauthorized purpose. You are not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of zendough and YellowBrix. Provision of the information on the service is subject to termination in the event that any agreement between a third-party licensor and a provider of information distributed through the service is terminated in accordance with its terms. zendough, YellowBrix, third-party licensors and their subsidiaries, affiliates, information providers and content partners shall have no liability for investment or other decisions based on the information provided hereby.

Credit Dispute Feature

The credit dispute assistance provided as part of zendough is to educate you and assist you with your own self-help efforts in disputing credit report inaccuracies. The information provided should not be used as a substitute for professional counseling and advice from legal and financial professional advisors.

Registration and Accurate Information

If you decide to register for zendough you will be required to provide personal information, and select a user name and password. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You agree to notify zendough promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these terms and conditions and shall constitute grounds for immediate termination of your zendough account and your right to use the Site. Online access to consumer credit report information is subject to verification of the identity of the user.

Our Privacy Policy

By using our Site, or becoming a member of zendough, you agree that we may use and share your personal information in accordance with the terms of our Privacy Statement. Our privacy statement can be reached from the link at the top of this page.

Fair Credit Reporting Act

The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.

Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies (www.AnnualCreditReport.com). You are entitled to receive a free copy of your credit report from a credit reporting agency if:

  • You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
  • You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
  • You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
  • You certify in writing that you are a recipient of public welfare assistance.
  • You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.

In addition, if you reside in certain states, you may be entitled periodically to receive a free copy of your credit report. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.

The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM ZENDOUGH IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.

It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, see the contact information and dispute process description contained in the My Credit section. The form of credit report and related disclosures provided directly by such agencies to you may differ from those provided by zendough.

zendough's online credit report has been specially designed for consumer ease-of-use. Color illustrations, analysis information and helpful links on zendough's credit report make it easy for you to understand and manage your credit.

Term and Termination; Modification

This Agreement will take effect at the time you click "Accept," and shall terminate (a) when you cancel your membership by contacting zendough via the toll-free number set forth on the web site for cancellations, or (b) upon zendough's termination of your membership or (c) if zendough discontinues providing any membership, subject to your right to receive membership benefits that you have paid for or to obtain a refund of a portion of your payment.

zendough products shall not be used in a manner that defrauds or otherwise abuses the credit reporting or credit scoring systems. zendough has the right to suspend or terminate your use of any product or access to our sites if we determine, in our sole discretion, that your use of our products has abused the credit reporting or credit scoring systems. Further, you agree that zendough will not be liable to you or any third party if zendough suspends or terminates your access for any reason.

zendough may (i) change the terms of this Agreement or the feature of the membership products, or (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, by posting notice of such modification on a page of the Site before the modification takes effect. All changes shall be effective immediately upon posting of such notice. If you use the Site and/or your membership after zendough has notified you of a change in the Agreement, you agree to be bound by all of the changes. You are expected to review the Site periodically to ensure familiarity with any posted notices of modification.

Copyrights

zendough maintains the Site to provide you with information about zendough and to deliver its benefits to zendough members.

The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed on the Site, including but not limited to TransUnion InteractiveTM, TransUnion InteractiveTM and Design, zendougTM, and zendoughTM Design, are the property of zendough or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within the Site, zendough owns copyright or patent rights in the selection, coordination, arrangement and enhancement of such Content. You may copy the Content from the Site for your personal or educational use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of zendough or the owner of the Content.

Disclaimer of Warranties

OUR SITE, INCLUDING ALL CONTENT, PRODUCTS AND INDIVIDUAL PRODUCT FEATURES ARE MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED TO YOU "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER ZENDOUGH NOR ITS AFFILIATES OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT OR, PRODUCTS OR PRODUCTS FEATURES AVAILABLE ON OR ACCESSED THROUGH THE SITE, THAT A USER WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR PRODUCTS OR THAT OUR SITE OR, PRODUCTS OR ZENDOUGH WILL BE ERROR-FREE. IN ADDITION, ZENDOUGH AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE, AND PRODUCTS AND CONTENT ARE AT YOUR OWN RISK. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER ZENDOUGH NOR ITS AFFILIATES AND SUPPLIERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SITE, CONTENT, OR PRODUCTS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.

zendough is not responsible for any overdraft/over-the-limit charges or bank fees triggered by your order being processed or billed. We suggest using a credit card rather than a debit card. Refunds will not be issued if we have successfully located and delivered your order to you.

Notices

You should send any notices or other communications regarding our Site, your membership, products or services to TransUnion Interactive, Inc, 100 Cross Street, Suite 202, San Luis Obispo, CA 93401.

zendough is a trademark of TransUnion Interactive, Inc., a Delaware corporation based in San Luis Obispo, California.

Except as otherwise provided, we may send any notices to you to the most recent e-mail address you have provided to us or, if you have not provided an e-mail address, to any e-mail or postal address that we believe is your address. If you wish to update your registration information, please log in to your account and visit the "Profile" section of the website.

Applicable Law

The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Delaware, USA, and applicable federal law, without regard to any conflict of law provisions. zendough can provide credit reports only for individuals who have established credit in the United States. Those who choose to access this Site, or become a member in one of our membership programs, from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of zendough's provision of services to you, pursuant to this membership or otherwise, if submitted to a court of law (other than as set forth in the below "AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION") shall be submitted to the state and federal courts of New Castle County, Delaware, USA.

Policy Regarding Children

We define children as individuals under the age of 16. Our Web Site is not intended for the use of children and we do not intend to collect information about children through our Web Site. You must be at least 18 to access any products through this website or to join zendough as a member entitled to membership benefits.

AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION

THIS SECTION IS AN AGREEMENT TO ARBITRATE DISPUTES ("ARBITRATION AGREEMENT") THAT MAY ARISE AS A RESULT OF YOUR ZENDOUGH MEMBERSHIPS, PRODUCTS OR SERVICES OR THE AGREEMENT. READ THIS SECTION CAREFULLY. YOU UNDERSTAND AND AGREE THAT BOTH PARTIES WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT BOTH PARTIES BY ENTERING INTO THIS AGREEMENT CHOOSE TO HAVE ANY DISPUTE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE OR MAY BE MORE LIMITED IN ARBITRATION, INCLUDING YOUR RIGHT TO APPEAL.

RIGHT TO REJECT ARBITRATION

YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. You must notify us in writing within sixty (60) days after the date you click-on to "Accept" the Agreement. You must send your request to: zendough, 100 Cross Street, Suite 202, San Luis Obispo, CA 93401. This request must include your username and a clear statement of your intent, such as "I reject the arbitration clause in the zendough Product Agreement."

In consideration for our willingness to provide you with access to zendough or any services or products through the Site as set forth in the Agreement, you and we agree as follows:

You agree that any dispute, claim or controversy ("Claim") between you and zendough or its parent, TransUnion, our agents, suppliers, contractors, employees, officers or assignees, arising out of or relating in any way to this Agreement, your purchase and use of a zendough product or use of this Site, including, without limitation, tort and contract claims, claims based on any federal, state or local statute, law or regulation and the issue of arbitrability must be resolved exclusively by binding arbitration, except for the validity, scope or enforceability of this Arbitration Agreement. However, we will not demand arbitration pursuant to this Arbitration Agreement in connection with any individual Claim that you properly file and pursue in a small-claims court of your state or municipality, so long as the Claim is pending only in that court.

YOU UNDERSTAND AND AGREE THAT NO CLAIM, DISPUTE OR CONTROVERSY MAY BE CONSOLIDATED WITH A DISPUTE OF ANY OTHER PERSON IN ARBITRATION, OR RESOLVED ON A CLASS-WIDE BASIS BY A CLASS ACTION OR OTHER PROCEEDING AND YOU HEREBY WAIVE YOUR RIGHT TO COMMENCE OR PARTICIPATE IN ANY SUCH COLLECTIVE OR REPRESENTATIVE PROCEEDING. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes.

A demand for arbitration under this Arbitration Agreement may be made either before or after a lawsuit or other legal proceeding begins. However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above.

You understand and agree that before you take a dispute to arbitration under this Agreement, you must first contact our customer service representative and give us an opportunity to resolve this dispute. Similarly, before zendough takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or zendough is notified by the other of a dispute, either party may then contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA's arbitration rules and its fees are available from the AAA on the Internet at http://www.adr.org.

The cost of any arbitration proceeding shall be divided as follows:

  • If you initiate arbitration, you will be responsible for paying one half of the filing fee, or $125.00, whichever is less, when the demand for arbitration is made.
  • If we initiate arbitration, we will be responsible for paying all arbitration costs.
  • Regardless of who initiates the arbitration, you will not be responsible for any arbitration fees that exceed one half of the filing fee, or $125.00, whichever is less, or the fees that you would have incurred if the Claim had been brought in court.

Notwithstanding the foregoing, if you believe the cost of arbitration may be too burdensome, you may seek a waiver of the filing fee under the applicable arbitration rules. If you seek, but not qualify for such waiver, we will consider a written request from you to advance all or part of the filing fee.

The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures (additional charges may apply for these procedures). Any arbitration proceeding will take place at a location within the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually acceptable location.

The arbitrator will be required to follow relevant law and applicable judicial precedent to arrive at a decision and shall be empowered to grant whatever relief would be available in court. Where authorized by applicable law, the arbitrator's award may include attorneys' fees and other expenses. You understand and agree that you and zendough are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings hereunder shall be governed by and enforceable under the Federal Arbitration Act ("FAA"), 9 U.S.C. §§1-16.

Any party to the arbitration proceeding may enter judgment upon the arbitration award in any court having jurisdiction over the arbitration award and may have that judgment enforced by any court having jurisdiction over that judgment. If this Arbitration Agreement is held to be invalid or otherwise unenforceable for any reason, it will be severed from the Agreement and the parties agree that exclusive jurisdiction and venue for any claims will be within the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually acceptable location.

BECAUSE YOUR PURCHASE AND USE OF A ZENDOUGH PRODUCT OR USE OF THIS SITE REQUIRES THAT YOU CONSENT TO ARBITRATION OF YOUR CLAIMS OR DISPUTES, YOU WILL NOT HAVE THE RIGHT TO PURSUE YOUR CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTIVE PROCEEDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The arbitrator's decision shall become final and binding after 30 days unless a party to the arbitration takes an appeal from the decision by making a written request to AAA. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitration, and will make decisions based on the vote of the majority. We will advance any fees and costs required by AAA to commence any appeal. The appeal panel's decision shall be final and binding.

In the event of a conflict between the applicable arbitration rules and this Arbitration Agreement, this Arbitration Agreement shall govern. To the extent that the class action and collective action waivers contained herein are rendered invalid or unenforceable by applicable law as to any Claims, this Arbitration Agreement shall not apply to such Claims and thus we may elect to proceed exclusively in court. If any other provision of this Arbitration Agreement should be found invalid or unenforceable, such a determination shall not affect the enforceability of the remaining provisions, which shall remain and continue in full force and effect.

Miscellaneous

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are null and void. If any portion of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect, to the fullest extent permissible. Any rights not expressly granted herein are reserved. You represent that you have read this Agreement and zendough's Privacy Statement, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the Site and your zendough membership, zendough has relied on your agreement to be bound by the terms of this Agreement.