Zigzy is a technology division of New American Funding focused on the real estate and mortgage industry. At Zigzy, we streamline the home-buying experience by building the intersection between the real estate agent, loan officer, and homebuyer — where client relations, communication, home-buying, and funding is optimized into a single ecosystem.

2020 Timmy Awards Best Tech Work Culture Winner

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Join Zigzy!

We want to meet you!
Click the banner to register for one of our bi-monthly job fairs

Our Zigzy family is filled with some of the most amazing product, engineering, sales, and marketing people around. If you're interested in joining our award-winning team, check out our current open positions below. We can't wait to meet you!

For any questions regarding a career at Zigzy please email recruiting@zigzy.com

Product Team

Engineering Team

Operations Team

Support Team

There are no current open positions at this time. Please check back as we regularly update this page.

Design Team

There are no current open positions at this time. Please check back as we regularly update this page.

Internship Testimonial

Katharine Münger did her internship at Zigzy as a Jr. Product Manager during her school break. This was her experience.

Come Meet Us!

Zigzy is an award winning team with a startup mentality. We pride ourselves on our culture and team spirit. We like to work hard but we make sure we have fun with each other as well. We have team bonding activities (virtually for now) and organizational meetings monthly. Our managers truly care for each team members success.

Zigzy's goal is to deliver the best technology needed by key players in the home shopping industry.

So...Come meet us and see what we're all about! We will be holding 2 job fairs on the 3rd Wednesday and Friday of every other month. (View our calendars below to register).
Job openings vary so please check our careers tab for our most current openings.

Product and Operations Teams
5pm-6:30pm
Possible Job openings include:

  • Business Analyst

  • Product Manager

  • UX/UI Designer

  • Project Manager

  • Graphic Designer


Technology and Support Teams
1pm-2pm
Possible Job openings include:

  • Software Engineer

  • Quality Assurance Engineer

  • Business Intelligence Engineer

  • Support Specialist

  • Support Engineer

  • Database Analyst

“ As a Junior Product Manager at Zigzy, I worked on the Townify Product Team, side-by-side with product managers, business analysts, engineers, QA, UX and designers. I conducted market research; generated product requirements; determined specifications, production timetables, and time-integrated plans for product introduction. I came up with new feature ideas and thought critically about which of them will make the biggest impact. From the beginning of the internship to the end, I was impressed with the high quality of mentorship that I received at Zigzy and strong leadership. It was clear that the focus of the internship was just as much about helping me learn and develop the skills I needed as it was doing work for Zigzy.

Even though the team was remote, the workplace culture was fun and exciting— everyone loved their job and was passionate about bringing their best everyday. The high level of independence and trust I gained throughout the internship pushed me to develop new skills and do my best work. I would recommend this internship to anyone who is ready to work hard and have fun at an awesome company! ”

-Katharine Münger: Junior Product Manager (Intern)

Our Products

Townify is a platform that provides real estate agents the best tools to manage and market their prospects and listings pipeline. At Townify we always want to provide resources that help real estate agents be the best agents they can be. We hope you enjoy our Free guide to successfully running virtual open houses.


Don't tell anybody...but Zigzy is currently working on two stealth mode products that are looking to solve problems in the consumer home shopping space and the loan officer space. If you're looking for greenfield projects, you've come to the right place.

Welcome to Zigzy!

Here at Zigzy, we have a passion for creating technology to assist the home shopping industry.

Our goal is to bridge the gap between home shoppers, real estate agents, and loan consultants. We understand that though technology is at the forefront of today's culture, human interaction is still a must.

The technology we offer keeps this in mind, while also ensuring that the key parties in the home shopping process can feel confident in the virtual tools available to them. Like our users, our goal is to place people into their dream home.

Mission Statement

The Zigzy team's mission is to engineer technology solutions that optimize the loan process experience. Our New American Funding consumers need a friction-less and informative journey, our loan officers need predictive technology, our real estate agents need to be integrated, and our business administrators need ease of use — all through one shared ecosystem.

Meet the Team

Honoring Juneteenth

Juneteenth is a celebration of Black history and freedom. We at Zigzy would like to take the time to honor our Black employees in the Zigzy and New American Funding family by acknowledging this holiday and educating our team on the significance of Juneteenth.

What is Juneteenth?

Juneteenth is a 155-year-old holiday celebrating the emancipation of African Americans from slavery in the U.S. It is celebrated on June 19 (the name is a combination of the words “June” and “nineteenth”) because on that date in 1865, Major General Gordon Granger of the Union Army landed in Galveston, Texas and informed slaves that the Civil War had ended and slavery had been abolished. Granger and roughly 2,000 Union soldiers were there to enforce President Abraham Lincoln’s Emancipation Proclamation, which had gone into effect more than two years earlier, on January 1, 1863. (In fact, Lincoln himself had been assassinated a few months earlier, in April 1865.) However, the more than 250,000 slaves in Texas were still shocked to hear the by then years old news that they were free, according to the National Museum of African American History & Culture. On June 19, in Galveston, Granger publicly read General Order No. 3, which announced all slaves are free.

The First Juneteenth:

“The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor. The freedmen are advised to remain quietly at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts and that they will not be supported in idleness either there or elsewhere.” —General Orders, Number 3; Headquarters District of Texas, Galveston, June 19, 1865

Juneteenth Today:

Juneteenth is a unifying holiday to celebrate freedom in America – Many celebrations are recognized across the US in cities and communities honoring the holiday with picnics, rodeos, street fairs, cookouts, historical reenactments and of course time with family. Institutions such as the Smithsonian, the Henry Ford Museum and others have begun sponsoring Juneteenth-centered activities. In recent years, several local and national Juneteenth organizations have arisen to take their place alongside older organizations - all with the mission to promote and cultivate knowledge and appreciation of African American history and culture.

Juneteenth Flag:

Juneteenth flag designer L.J. Graf packed lots of meaning into her design. The colors red, white, and blue echo the American flag to symbolize that the enslaved people and their descendants were Americans. The star in the middle pays homage to Texas, while the bursting "new star" on the "horizon" of the red and blue fields represents a new freedom and a new people.

Interested in learning more? Check out these sites:
http://www.juneteenth.com/history.htm
https://www.britannica.com/topic/Juneteenth
https://www.history.com/news/what-is-juneteenth

Internal Zigzy Requests

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TUSTIN, California. Oct. 7, 2020

Top independent mortgage lender New American Funding is pleased to announce a partnership with Zigzy, a technology startup focused on the real estate and mortgage industry, that will see New American Funding integrate Zigzy's signature real estate offering, Townify, into its lending operations.

Townify offers a "one-stop shop" for real estate agents, allowing them to:

New American Funding Partners with Real Estate Tech Pioneer Zigzy
Host virtual open houses: Real estate agents can schedule and host a virtual open house, complete with a personally branded sign-in sheet for all prospective buyers that attend
Manage their pipeline: Fully developed CRM for real estate agents to track their clients throughout all stages
Automate branded marketing: Create custom branded single-property websites, flyers, and other unique offerings
Offer a custom-branded home shopping app to their clients: Give clients direct access to MLS listings via a branded app that's both accurate and filters out competitors' ads
Manage social media content: Easily post open house announcements, property information, and more
Monitor real estate production data: Gain access to data from real estate agents across the country, enabling agents to track competitors' closings and buy and sell side transactions and identify the best candidates to recruit to their team
The platform also gives real estate agents real-time loan status, plus access to key contacts on the transaction, including loan originator, listing agent, title company, escrow officer, and more.

In celebration of the partnership, New American Funding CEO Rick Arvielo will be a featured speaker at the first "Townify Summit," a virtual seminar hosted by Townify. The summit will feature some of the nation's top real estate agents and mortgage lenders sharing how using technology is critical to success in these unprecedented times.

The first "Townify Summit" will be held Wednesday, October 14 – click here to register.

As permitted by local MLS Board

About New American Funding
New American Funding is a family-owned mortgage lender with a servicing portfolio of over 146,000 loans for approximately $36 billion, 201 nationwide locations, and about 4,000 employees. The company offers several niche loan products and has made Inc. 5000's list of Fastest-Growing Companies in America six times. It offers state-of-the-art career training and provides its branch Loan Officers with innovative technologies to streamline the mortgage process.

SOURCE New American Funding

Related Links
Newamericanfunding.com

TUSTIN, California. Sept. 23, 2020

Despite the COVID-19 pandemic slowing down much of the country, real estate has arguably never been hotter. That's why it's never been more important for the real estate industry to embrace technology than it is right now.

How we live, work, shop, and even buy homes is changing at a breakneck pace.

Real Estate Agents Host Virtual Open Houses With Townify
And now, the real estate industry can meet this new normal head-on thanks to a dynamic new offering from real estate tech pioneer Zigzy.

Townify, which is launching today out of beta testing, enables real estate agents to host virtual open houses, a necessity in an age of social distancing.

Using Townify, real estate agents can provide full virtual home tours to buyers who don't feel comfortable touring someone else's house. Plus, by using Townify's virtual open house feature, home sellers control the number of people who visit their house.

Through Townify, real estate agents can schedule and host a virtual open house, complete with a personally branded sign-in sheet for all prospective buyers who attend the open house. The sign-in sheet can even be co-branded with a real estate agent's preferred lending partner.

Best of all, Townify seamlessly plugs to numerous top CRM systems, allowing real estate agents to enhance their existing process, rather than replace it.

CRM providers can also easily add Townify to their suite of offerings for real estate agents, offering them a tool to excel in today's ever-shifting real estate environment.

In celebration of launching nationwide, Townify is hosting a virtual seminar where some of the nation's top real estate agents and mortgage lenders will share how using technology is critical to success in these unprecedented times.

The first "Townify Summit" will be held Wednesday, October 14. Topics include:

How to cultivate relationships
Building a pipeline with digital marketing
Conducting virtual open houses
Revolutionary real estate technology
To register for the free virtual event, click here.

For additional information on Townify, please visit townify.com.

About Zigzy

Zigzy is a technology startup focused on the real estate and mortgage industry. Its signature offering, Townify, works with many top CRM systems and enables real estate agents to host virtual open houses. To learn more about Zigzy, visit zigzy.com.

SOURCE Zigzy

Related Links
Zigzy.com

Zigzy
Dec 08, 2020, 08:03 ET

Real estate tech pioneer Zigzy is proud to congratulate its leader, Saisha Svoboda, for being named one of the 40 most influential mortgage professionals under 40 by National Mortgage Professional Magazine.

Svoboda was named to National Mortgage Professional Magazine's 40 Under 40 list, which is reserved for the mortgage industry's most influential leaders who are under 40.

Zigzy’s Saisha Svoboda Honored as One of Mortgage Industry’s Top Leaders Under 40
Svoboda is the leader of Zigzy, a tech company that is creating and providing innovative solutions for the real estate industry. As Vice President of Zigzy, Svoboda led the company through the development and launch of its signature product, Townify, a true one-stop shop for real estate agents.

Under Svoboda's leadership, Zigzy developed Townify, an all-encompassing technology solution for real estate agents that brings their entire process online and provides agents with powerful tools to grow their business. Townify is the result of years of development by Svoboda and her team, who focused on providing real estate agents with what they want and need.

Beyond Townify, Zigzy developed numerous proprietary technology solutions that support the mortgage industry. Included among those solutions is a fully functional enterprise CRM system that provides loan officers with the ability to automate email campaigns, manage their prospect pipelines, easily create co-branded marketing materials with their real estate agent partners, and much more.

Svoboda and her team also developed a comprehensive online mortgage application that enables borrowers to electronically provide all the information needed to apply for a mortgage. This application dramatically increases processing speed and shortens the mortgage process for borrowers.

As a result of these achievements and more, NMP named Svoboda to its 40 Under 40 List.

"I'm thrilled to be honored by NMP," Zigzy Vice President Saisha Svoboda said. "I'm incredibly proud to share this award with our team at Zigzy, who have handled this highly unusual year with grace, constantly pushing forward with passion towards new successes and achievements."

About Zigzy

Zigzy is a technology startup focused on the real estate and mortgage industry. Its signature offering, Townify, works with many top CRM systems and enables real estate agents to host virtual open houses. To learn more about Zigzy, visit zigzy.com.

SOURCE Zigzy

Related Links
Zigzy.com

Zigzy
Oct 22, 2020, 08:00 ET

After receiving tens of thousands of collective votes during Timmys voting, Tech in Motion has announced Zigzy as the Best Tech Work Culture in Orange County. A good work culture, although intangible, is amongst the most valued company attributes sought by employees, as it encompasses a shared vision and mission, while promoting innovation, learning and technical creativity. As Orange County's Best Tech Work Culture, Zigzy will join 9 other Regional Winners to compete for the National Timmy Award honors, announced at the virtual Timmy Awards Ceremony on Oct. 29.

According to Zigzy Vice President Saisha Patel, "our secret sauce is that we're all leaders here, it doesn't matter our title. We all contribute, innovate, create and are passionate about what we do."

"Culture is created by the people;" says Alex Sewell, Director of Product and Marketing, "we have the best culture because we have the best people."

"More than ever, it's important to recognize the strong cultures companies have established where they continue to make it about far more than perks, especially in light of this year's challenges," says Mandy Walker, Director of Marketing at Tech in Motion. "The Timmy Awards allow the community to highlight the companies building a team worth joining and a culture worth working for."

This year, Tech in Motion will host the award ceremony as an entirely digital experience, announcing National Winners via video to Finalists, Regional Winners and the North American tech community. The public can RSVP here to attend.

About Zigzy
Zigzy is a technology startup focused on the real estate and mortgage industry. Its signature offering, Townify, works with many top CRM systems and enables real estate agents to host virtual open houses. To learn more about Zigzy, visit Zigzy.com.

About Tech in Motion Events
Tech in Motion is an international events series that brings local tech community professionals together to connect, learn, and innovate. What started as a collaborative project in 2011, by the IT recruiting organization Motion Recruitment, grew into an organization of over 250,000 members across 14 chapters in North America including Atlanta, Boston, Dallas, New York, Philadelphia, DC, Chicago, San Francisco, Silicon Valley, LA, Orange County and Toronto. Please visit techinmotionevents.com for more information about notable speakers, sponsors and events.

SOURCE Zigzy

Related Links
Zigzy.com

PRIVACY POLICY
Effective as of July 12, 2021
INTRODUCTION
TheBrokerNetwork.com, LLC dba Zigzy (“Zigzy,” “we,” “our,” or “us”) respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use, and safeguard the information you provide to us in using our website www.zigzy.com (“Site”), the products and services provided through our Site, and any mobile applications we may offer (collectively, “Services”).
From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.
If you have a consumer financial product or service with Zigzy, we will use and share any information that we collect from or about you in accordance with our U.S. Consumer Privacy Notice, which offers you certain choices with respect to the use and sharing of your personal information.
This Privacy Policy covers the following topics:
1. COLLECTING AND USING INFORMATION
2. COOKIES AND OTHER TRACKING TECHNOLOGIES
3. “DO NOT TRACK” SIGNALS
4. CHOICES ABOUT YOUR PERSONALLY IDENTIFIABLE INFORMATION
5. SECURITY
6. THIRD PARTY LINKS
7. CHILDREN’S PRIVACY
8. NOTICE TO NEVADA RESIDENTS
9. NOTICE TO CALIFORNIA RESIDENTS
10. HOW TO CONTACT US

1. COLLECTING AND USING INFORMATION
Personally Identifiable Information We Collect Online
We collect Personally Identifiable Information from you through your use of www.zigzy.com and the Services. “Personally Identifiable Information” is individually identifiable information about an individual consumer that we collect online and that we maintain in an accessible form. We collect the following types of Personally Identifiable Information:
Information You Provide
We may collect your first and last name, a home or other physical address, e-mail address, telephone number and any other Personally Identifiable Information that you voluntarily provide to us when you interact with www.zigzy.com and the Services. Through certain interactions with www.zigzy.com and the Services, you may also choose to provide information such as account credentials and/or professional or employment-related information.
Information as You Navigate Our Site
We may automatically collect certain Personally Identifiable Information through your use of the Site and Services, such as the following:
• Usage Information. For example, pages on the Site you access, the frequency of access, and what you click on while on the Site.
• Device Information. For example, hardware model, operating system, application version number, and browser.
• Mobile Device Information. Aggregated information about whether the Site is accessed via a mobile device or tablet, the device type, and the carrier.
• Location Information. Location information from Site visitors on a city-regional basis.
Third Party Information
In some cases, we may receive certain Personally Identifiable Information from you about a third party. If you submit any Personally Identifiable Information about another individual to us, you are responsible for making sure that you have the authority to do so and to allow us to use their Personally Identifiable Information in accordance with this Privacy Policy.
How We Use Your Personally Identifiable Information
We use the Personally Identifiable Information we collect to provide the Services to you, to improve our Services and Site, and to protect our legal rights. In addition, we may use the Personally Identifiable Information we collect to:
• Process your account registration;
• Verify your identity and protect against fraud;
• Process and fulfill a transaction you requested;
• Review your job application;
• Contact you regarding our products and services that we feel may be of interest to you;
• Communicate with you about our Site or Services or to inform you of any changes to our Site or Services;
• Provide support;
• Handle a claim;
• Maintain and improve our Site and Services;
• Defend our legal rights and the rights of others;
• Efficiently maintain our business; and
• Comply with applicable law.
How We Share Your Personally Identifiable Information
We may share the information that we collect about you in the following ways:
• With service providers who perform data or Site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
• To service providers to prepare, deploy and analyze advertising content;
• If you submit an application or inquiry, to our affiliates and partners (e.g., loan consultants or real estate professionals), as applicable;
• To the extent that we are required to do so by law;
• In connection with any legal proceedings or prospective legal proceedings;
• To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
• To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personally Identifiable Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personally Identifiable Information;
• To any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition or in preparation for any of these events; and
• To any other person or entity where you consent to the disclosure.
2. COOKIES AND OTHER TRACKING TECHNOLOGIES
How We Use Cookies
Like many other companies, we may use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”). “Cookies” are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).
We may use Cookies to:
• Estimate audience size and usage patterns;
• Understand and save your preferences for future visits, allowing us to customize the Site and Services to your individual needs;
• Advertise new content and services that relate to your interests;
• Keep track of advertisements and search engine results;
• Compile aggregate data about site traffic and site interactions to resolve issues and offer better site experiences and tools in the future; and
• Recognize when you return to the Site.
We may set some Cookies ourselves and others may be set by other entities. We may use Cookies set by other entities to provide us with useful information to help us improve our Site and Services, to conduct advertising, and to analyze the effectiveness of advertising. For example, we may use Cookies from Google, Facebook and other similar companies.
How You Can Opt-Out of Cookies
Browser Settings
Cookies can be blocked by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Site.
You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.allaboutcookies.org.
Advertising Industry Resources
You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.
Please note that these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.
Google Analytics
Certain of our webpages or Services may use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here.
Google reCAPTCHA
Certain of our Services may use Google reCAPTCHA, a free service provided by Google, Inc., to protect our Site from spam and abuse. Google reCAPTCHA uses advanced risk analysis techniques to decipher humans and bots. Google reCAPTCHA works differently depending on what version is deployed. For example, you may be asked to check a box indicating that you are not a robot or Google reCAPTCHA may detect abusive traffic without user interaction. Google reCAPTCHA works by transmitting certain types of information to Google, such as the referrer URL, IP address, visitor behavior, operating system information, browser and length of the visit, cookies, and mouse movements. Your use of Google reCAPTCHA is subject to Google’s Privacy Policy and Terms of Use. More information as to Google reCAPTCHA and how it works is available here.
Session Recording
If you are a visitor, we use cookies and other technologies provided by third-party vendors to collect information on your use of the Site/App, such as pages visited, links clicked, non-sensitive information entered, and mouse movements. This information enables us to build and maintain our service based on user feedback and interaction with our Site/App. We also collect information more commonly collected such as the referring URL, browser, operating system, and Internet Protocol (“IP”) address.
3. “DO NOT TRACK” SIGNALS
Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.
4. CHOICES ABOUT YOUR PERSONALLY IDENTIFIABLE INFORMATION
Review and Request Changes to Your Personally Identifiable Information
If you have an account with us, you may use your account to access, correct, or view certain Personally Identifiable Information we have collected, and which is associated with your account. To review or request changes to any of your Personally Identifiable Information, please contact us as described in the “How to Contact Us” section below.
Marketing Communications
To unsubscribe from our marketing emails, please click the unsubscribe link included in the footer of our emails. You also may submit a request to us as described in the “How to Contact Us” section below.
When you inquire as to certain of our Services by submitting information, you give us and our affiliates and partners permission to contact you through e-mail, fax, or telephone or other means even if your phone number is on a “Do Not Call” list.
5. SECURITY
We maintain commercially reasonable security measures to protect the Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security.
6. THIRD PARTY LINKS
The Site and Services may contain links that will let you leave the Site and/or Services and access another website. Linked websites are not under our control. This Privacy Policy applies solely to Personally Identifiable Information that is acquired by us on this Site and through the Services. We accept no responsibility or liability for these other websites.
7. CHILDREN’S PRIVACY
The Site and Services are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13.
8. NOTICE TO NEVADA RESIDENTS
Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to us as described in the “How to Contact Us” section below.
9. NOTICE TO CALIFORNIA RESIDENTS
We do not disclose personal information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.
10. HOW TO CONTACT US
To contact us for questions or concerns about our privacy policies or practices please email us at info@zigzy.com or call us toll free at (877) 597-5792.

Terms of Use
1. APPLICATION OF THESE TERMS OF USE
Your access to and use of the TheBrokerNetwork.com, LLC dba Zigzy ("Company") website www.zigzy.com and the information, documents, tools and/or other material made available through this website (“Services”), are subject to the Terms and Conditions of use set forth herein (this "Agreement") together with any applicable Addenda/um attached herewith. By accessing, browsing, interacting with, or otherwise using www.zigzy.com (individually, collectively, and interchangeably referred to as our "Website" or "Website") through any means, or by making use of any mobile applications accessible or downloadable through the Website and/or through any third-party mobile application marketplace (the "Applications", "App", or "Apps"), or by using the goods, facilities or services offered in or through the Website through any method (including, without limitation, by telephone, mail, text, email or facsimile), you accept and agree to be bound by this Agreement. For purposes of this Agreement, (i) the terms "Website" and "Website" include the Apps; and (ii) "you" or "your" means the person accessing the Website and includes any persons that allow others to provide information about themselves to Company.
YOUR ACCESS TO AND USE OF THE WEBSITE AND APPS IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS IF YOU VIOLATE THESE TERMS. CLICKING ON LINKS WITHIN THE WEBSITE OR WEBPAGES BEYOND THE WEBSITE’S HOMEPAGE OR DOWNLOADING AN APP CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE, ANY SERVICES AVAILABLE THROUGH THE WEBSITE, OR ANY INFORMATION CONTAINED ON THE WEBSITE.
MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. This Agreement contains a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Website or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. For more details, please see Section 14.
THIS AGREEMENT ALSO CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see Section 9). These provisions form an essential basis of our bargain. In addition to this Agreement, your use of certain Services may be governed by additional terms and conditions. Company reserves the right, at any time, and without prior notice, to change or discontinue any aspect or feature of the Website and the right to modify the terms and conditions applicable to users of the Website, including this Agreement, or any part hereof. Such changes, modification, additions, or deletions shall be effective immediately upon posting on the Website. However, we will not amend the arbitration provision without giving you notice and an opportunity to opt out of such provision. Your continued use of the Website or Services offered in or through the Website after we have updated this Agreement shall be deemed to constitute acceptance of the then-current Agreement.
2. PRIVACY POLICY
Although not part of this Agreement, to learn more about how we use and protect the privacy of users of the Website, please view Company’s Privacy Policy, which is available here.
3. RESTRICTIONS ON USE
You may only use the Website for the purposes expressly permitted in this Agreement. You agree that you will not use or attempt to use the Website for any purpose other than using the Company’s services.
You warrant and agree that you will not use the Website for any purpose that is unlawful or prohibited by federal, state, or local law. By accessing or using the Website, you agree that:
• your use of the Website is subject to and governed by this Agreement;
• you will only access or use the Website and transact business with us if you are at least 18 years of age;
• you reside in the United States and/or the District of Columbia;
• you will use the Website solely for the Services offered in the normal course of business;
• you will always act in accordance with the law, custom, and in good faith;
• you will comply with and be bound by this Agreement as it appears on the Website each time you access and use the Website;
• each use of the Website by you indicates and confirms your agreement to be bound by this Agreement; and
• this Agreement is a legally binding agreement between you and us that will be enforceable against you.
Without limiting the generality of the foregoing, you may not use or attempt to use the Website or any part of the Website for any purpose:
• that interferes with or induces a breach of the contractual relationships between Company employees and Company;
• that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
• that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications;
• that transmits any harmful or disabling computer codes or viruses;
• that harvests Email addresses from the Website;
• that transmits unsolicited Email to the Website or to anyone whose Email address included the domain name of the Website;
• that interferes with Company's network services;
• that attempts to gain unauthorized access to Company’s network services;
• that suggests an express or implied affiliation relationship with Company without express, authorized written permission from the Company;
• that impairs or limits Company's ability to operate the Website or any other person's ability to access and use the Website;
• that uses any methods, means or devices to click on to the Website or cause a visit to the Website for the purpose of manipulating the results of any Internet search engine;
• that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
• that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
• that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
• that dilutes, devalues, defames, or depreciates Company's name and reputation;
• that transmits or uploads any content or images that infringe upon any third party's intellectual property rights or infringe upon any third party's right of privacy; or
• that unlawfully transmits or uploads any confidential, proprietary or trade secret information.
This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate your ability to use the Website with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Website or to any other user of the Website. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or on the Internet.
4. INTELLECTUAL PROPERTY
Trademarks, service marks, logos, emblems, slogans, designs, and copyrighted works appearing on the Website are the property of Company or the party that provided them to Company. Company and those third parties retain all rights associated with any of the respective trademarks, service marks, logos, emblems, slogans, designs, and copyrighted works appearing on the Website.
All content, web pages, source code, calculations, products, materials, data, information, text, screens, photos, video, music and sound, functionality, services, design, layout, screen interfaces, "look and feel", design, functionality, and the operation of the Website (collectively "Content") is the proprietary information of Company or the party that provided or licensed the Content to Company, and is protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks. All rights associated with the Content are owned by Company, our licensors, or our content providers. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of Content will be permitted without our express, authorized written permission and/or the express, authorized written permission of the copyright owner.
The availability of any Content through the Website shall under no circumstances constitute a transfer of any copyrights, trademarks, or other intellectual property rights. You do not acquire any license or ownership rights by downloading or viewing any Content or by any other means. You will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Content.
All submissions to us containing any comments, improvements, suggestions, and ideas regarding the Website will become and remain our exclusive property, including any rights or future rights associated with such submissions, even if the provisions of this Agreement are later modified or terminated. This means that you forever disclaim any proprietary rights or any other rights or claims in such submissions. You acknowledge and agree that we have the unrestricted, unencumbered right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. Notwithstanding the foregoing, you remain solely responsible for the content of your submissions, and you acknowledge and agree that neither Company nor any third-party affiliate of Company will assume any liability related to any action or inaction by Company or such third party with respect to your submissions. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications.
All testimonials submitted to us will also become and remain our exclusive property, even if the provisions of this Agreement are later modified or terminated. This means that you irrevocably grant to us the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that we may use any percentage or part of your testimonial, image, likeness and/or works, in any way that we see fit, and may exclude your name or use a fictional name or other identifier at our sole discretion.
5. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to websites maintained by third parties that are not related to Company. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products, or services available on such websites, and we do not endorse, approve, sponsor or control any such websites' contents, or its sponsoring organization. You acknowledge and agree that the third-party website may have different privacy policies and terms and conditions and/or user guides and business practices than Company, and you further acknowledge and agree that your use of such third-party website is governed by the respective third-party website’s privacy policy and terms and conditions and/or user guides. When you leave the Website for another website, please note that we are not responsible for the accuracy or content of the information provided by that website, nor are we liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
We do not permit third-party advertising on the Website without express written permission from the Company. You will not create links from any website or Web page to the Website or any Web page therein without our prior written permission.
6. USE OF TECHNOLOGY
Company may request your permission, through a separate consent process, to contact you via phone, whether by live agent or artificial or prerecorded voice, SMS text to your residential or cellular number, whether dialed manually or by auto dialer, or by email.
6.1 Email Policy
Email in General
Our communications to you in email may not accurately represent the entire or final disposition of a matter or constitute our official business, due to brevity or informality. Email is one medium through which information may be exchanged, as when an email message responds to a voice mail. Accordingly, email, by itself, may not accurately reflect the complete communication or our intent as to the subject matter referred to within the communication, nor constitute an official business record of Company. Any official content present in an email communication is qualified in its entirety by any signed writings, which shall govern such content according to their provisions. Also, unless explicitly permitted in a signed writing or necessary by law, the mere receipt of an email by us may not put us on notice, timely or otherwise, of the matters contained within that email.
Confidential Information
The emails we send are confidential (and all attachments to such emails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you receive an email in error or if it is improperly forwarded to you, the information contained in the email should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. You agree to notify the sender immediately by telephone or email and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. Emails marked as "Confidential" contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with all applicable privacy laws and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting receipt of and/or reviewing confidential information that we provide, you agree to indemnify, defend, and hold us harmless against any and all claims, losses, liabilities, or expenses, including attorneys’ fees that we may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.

Privileged Information
Emails exchanged with or involving our lawyers and legal staff may contain privileged information subject to the attorney-client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an email in error or if it was improperly forwarded or delivered to you or you otherwise receive such communication by any means. If you are not the intended recipient of privileged information, you agree to notify the sender immediately by telephone or email and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.
Time Sensitive Instructions & Official Matters; Filters
Do not use email to communicate time-sensitive instructions or official company matters; they may not be received or reviewed by us in a timely manner. Emails are processed through various virus and spam filters which may delay or reject the delivery of an email altogether. Urgent matters should be communicated in person directly with the person of concern via telephone and then confirmed in writing with the appropriate person via fax or email. We reserve the right to block any email source we deem inappropriate.
Business Purposes
Our email facilities are to be used only for conducting business with us. Vendors, suppliers, clients, and others receiving email from us may not use our email addresses or contact information (or any other person's email address appearing on or in our email) for any purpose other than corresponding with us for lawful and legitimate business purposes relating to our business. The receipt of an email is not our consent for you to use our email address or contact information for direct marketing purposes or for transfers of data to third parties, and such use is strictly prohibited.
Monitoring of Communications
All emails sent to us or from us may be forwarded, monitored, and/or reviewed by others within Company other than the designated recipient/sender with or without notice to the designated recipient/sender. We may also record or monitor other forms of communications you have with us via the Website, PC-talk, chat, email, text messages to and from Company-owned cellular devices, and telephone. By using such communication methods, you are consenting to the recording, monitoring, storage, and/or use of the same without further notice.
Unsecured Transmissions
While certain designated areas within our Website employ technologies to secure your data and the transmissions between you and us, general email uses the Internet, which is an open system, and we cannot provide absolute assurances that all emails (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they will not be lost, mis-delivered, destroyed, delayed, intercepted or decrypted by others. We therefore advise against sending sensitive or personally identifiable information over email and disclaim all liability with regard to emails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, mis-delivered, intercepted, decrypted or otherwise misappropriated by others.
Viruses
Computer viruses can be transmitted via email through email content, attachments to emails and embedded links. Although our emails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is your responsibility to ensure that any email you open is virus free. We are not responsible for any loss or damage arising in any way from the receipt, use, storage, or transmission of our emails. If we forward an email or reply to a prior email, the contents may have been produced by someone other than us, for which we assume no liability whatsoever. The use of email to introduce any virus, malicious or disabling code, or to otherwise interfere with our email transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
In addition to any other disclaimers we make in this Agreement, we disclaim any representation or warranty that our emails are virus free and/or error free. You agree to hold the Company harmless for any loss or damage arising from an email sent or forwarded to you or arising from any email reply or otherwise received by you.
Prohibited Email Content
We prohibit our team members from using email to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements or materials, or statements or materials that infringe the copyrights or legal rights of others. Such communications are against our policies and outside the scope of employment of our team members. You agree to hold the Company harmless from any harm, loss, or damage resulting from such communication, and the Company accepts no liability for such communication, and any of our team members responsible for such communication will be personally and solely liable for any damages or other liability arising therefrom. Please report any such violations to our Customer Service Department, 14191 Myford Rd. #200 Tustin, CA 92780, or you may call 877-597-5792.
The use of our email facilities for purposes of sending menacing, harassing, offensive or threatening messages to us or any member of our team is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Use of our email facilities for soliciting any of our team to breach their employment agreements or to interfere with their employment status with us, or which otherwise interferes with our business or economic advantage is strictly prohibited and may result in legal action against you.
6.2 Terms Applicable to Email and Mobile Messaging
Emails are Generally Not Formal Signed Writings; E-Sign disclosure
Unless explicitly stated otherwise, our emails do not contain or constitute an electronic signature, even if the sender's name appears in the email.
All Rights Reserved; Statements Attributable to Us.
Our email shall be deemed Content and subject to the restrictions set forth herein with respect to Content. The only official publishable public statements that can be attributed to us are statements issued by our CEO, President, or Chief Operating Officer.
Negligent Misstatement
In addition to the other disclaimers made in this Agreement, we disclaim any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through email and we make no warranties, express or implied, with respect to such data or information. By using or interacting with the Website and/or reviewing information that we provide, you agree to hold us harmless against any and all claims, losses, liabilities, damages, or expenses, including attorney's fees that you may incur as a result of any negligence or negligent misstatement.

Complaints
Any email complaints should be directed to Zigzy, 14191 Myford Rd. #200 Tustin, CA 92780, Attention: Customer Service Department, or you may call 877-597-5792.
7. MONITORING
We reserve the right, but do not have an obligation, to monitor use of the Website. In addition, we reserve the right to collect, maintain, indefinitely store, and use (at our sole discretion and without limitation and in compliance with applicable law and our applicable privacy policies or notices) any or all data from your use of or interaction with the Website including, but not limited to data input by you and analytical data on the functioning, operation, use, and use patterns on, with, and of the Website. By your use of the Website, you acknowledge, understand, and agree that we are not obligated to monitor, collect, store, maintain, or return any data from your use of or interaction with the Website and shall not have any liability for the failure to do so.
We use cookies and other technologies provided by third-party vendors to collect information on your use of the Site/App, such as pages visited, links clicked, non-sensitive information entered, and mouse movements. This information enables us to build and maintain our service based on user feedback and interaction with our Site/App. We also collect information more commonly collected such as the referring URL, browser, operating system, and Internet Protocol (“IP”) address. By agreeing to this Terms of Use, you consent to our use of these cookies and technologies.
8. INDEMNITY
As a condition of use of the Website and our Services, you agree to hold harmless, defend, and indemnify Company and our affiliates, vendors and licensors, and all of our and our affiliates, vendors, licensors, employees, officers, directors, agents and representatives, from and against any and all liabilities, expenses (including attorneys' fees), losses, and damages arising out of claims resulting from your use of the Website, including without limitation any claims alleging facts that if true would constitute your breach of this Agreement or any provision herein, including any use of Content other than as expressly authorized by this Agreement.
9. DISCLAIMERS OF WARRANTIES
The Website, including all Content, additions, changes and/or improvements, are provided "as-is". It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Website.
To the fullest extent permissible under applicable law, Company disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to the Website. Company makes no representation or warranty regarding the content or operation of the Website, web pages, or use thereof. The webpages' content on or available through the Website could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates of preparation or publication. Company shall have no obligation to maintain the currency or accuracy of any web page content on or available through the Website.
You acknowledge and agree that Company is not, and shall not be, responsible for the results of any defects that may exist in the Website or their operation. Company makes no representation or warranty that (a) the operation of the Website will meet your or any other user's requirements; (b) access to the Website will be uninterrupted, timely, secure, or free of errors, viruses or other harmful components; or (c) any defects in the Website will be corrected. You agree that you, and not Company, will bear the entire cost of all servicing, repair, correction, or restoration that may be necessary for your data, software programs or computer equipment because of any viruses, errors, or other problems you may have as a result of using, visiting, or interacting with the Website.
10. TERMINATION OF USE
You acknowledge and agree that Company may, at any time, in its sole discretion, limit, modify, suspend, or terminate your access, use of, or interaction with the Website with or without cause and with or without delivering notice or explanation to you. This right is in addition to all other rights and remedies available to Company under this Agreement and those provided by law.
11. SUBSCRIPTION AND CANCELLATION
Company reserves the right to implement a subscription term and fee for the use of its Website and/or Apps. The Company further reserves the right to offer different types of subscriptions and fees. Company reserves the right to implement a subscription fee and term at any time by providing notice to you on the Website or Apps.
If a subscription fee and term is implemented, you will receive written confirmation when your subscription offer has been accepted. Processing of an application or fee for a subscription does not signify acceptance of the subscription offer.
Unless specifically stated otherwise in any subscription offer or other promotion pertaining to your specific subscription, you have the right to cancel your subscription at any time. Cancellation shall take effect at the end of the then-current subscription period and no refunds, credits, or exchanges will be provided for that subscription period. You may exercise your option to cancel through the use of the digital tools on the Website or in the App, or by contacting us directly.
12. LIMITATION OF LIABILITY
Neither Company nor its subsidiaries, affiliates, vendors, or licensors (or any of their employees, agents, officers or directors) shall be held liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury, harm, or damage arising out of or in any way connected with the use or the inability to use the Website or with the delay or inability to use the Website, or for any information, software, products and services obtained through the Website, including but not limited to reliance by you on any information obtained through or from the Website, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, worms, trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or services, or otherwise arising out of the use of the Website, whether resulting in whole or in part, from breach of contract, tortious conduct, negligence, strict liability or otherwise, even if Company and/or our affiliates, vendors and/or licensors have been advised of the possibility of damages.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the collective total liability of Company and its subsidiaries, affiliates, vendors, or licensors (or any of their employees, agents, or directors) to you for damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, in accessing, interacting with, or using the Website or any Content thereon in the 12 months preceding the event giving rise to the claim.
In no way does this Agreement require New Jersey consumers to waive any rights otherwise protected under the Truth-in-Consumer Contract, Warranty and Notice Act.

13. COPYRIGHT INFRINGEMENT
Company is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "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 in good faith that any material used or displayed on Company Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe that any material on Company Website infringes a copyright, or any valid intellectual property right, please provide the following information to Company:
• A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Company Website are intended to be covered by a single notification, a complete list of such works and details or descriptions as to their locations within the Website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide this information to Company Legal Department, who can be reached as follows:
By Mail:
Zigzy
Attn: Legal Department
14191 Myford Rd. #200
Tustin, CA 92780

By E-Mail:
info@zigzy.com

Due to IT concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
14. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
To the extent allowed by law, you hereby agree that either you or we may require any claim or controversy arising out of or relating to the use of the Website, to the Services provided by us, or to any acts or omissions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Dispute within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A DISPUTE WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, DISPUTES BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH DISPUTES BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
You and we agree that your use of the Website and Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Disputes at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.
If either you or we elect to arbitrate a Dispute, it shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Dispute through arbitration, even if the other party has already initiated litigation in court related to the Dispute, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties, but in the event the parties cannot agree, each shall select one AAA arbitrator and the two selected arbitrators shall select a separate AAA arbitrator to preside over the arbitration. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under this Agreement, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, each shall select one arbitrator and the two selected arbitrators shall select a separate arbitrator to preside over the arbitration. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted this Agreement, you reside, or another reasonably convenient place to you as determined by the arbitrator, but only in jurisdictions in the United States and the District of Columbia, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.
If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining terms and conditions of this Agreement shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Website, the Services, and any other actions with us.
You may reject this arbitration provision within thirty (30) days of accepting the Agreement by emailing us at info@zigzy.com and including in the subject line “Rejection of Arbitration Provision.”
Without waiving the foregoing arbitration agreement, this Agreement and its provisions shall be construed, interpreted, governed, and applied in accordance with the laws of the State of California, excluding its conflict of law principles.
15. OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website) constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written, or electronic, between you and us with respect to the Website and information, software, products, and services associated with it.
You may not assign, delegate, or transfer this Agreement or your rights or obligations hereunder, in any way (by operation of law or otherwise) without Company's prior written consent. Company may transfer, assign, or delegate this Agreement and our rights and obligations hereunder without consent.
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.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in a legal proceeding 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. All rights not expressly granted herein are reserved.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Last Updated: July 19, 2021