Terms of Service
Please read these terms carefully before using the Reefzoo platform. By accessing or using our services, you agree to be bound by these terms.
Reefzoo Terms of Service
Last updated: March 20, 2025
1INTRODUCTION
1.1Purpose and Scope
These Terms of Service ("Terms") constitute a legally binding agreement between you and Reefzoo LLC ("Reefzoo," "we," "us," or "our") governing your access to and use of the Reefzoo website, services, applications, and tools (collectively, the "Platform"). The Platform provides a specialized marketplace and community for the reef aquarium hobby, connecting buyers, sellers, and enthusiasts through integrated commerce, community, and knowledge-sharing features.
These Terms apply to all users of the Platform, including unregistered visitors, registered users, verified sellers, administrators, and moderators. By accessing or using any aspect of the Platform, you agree to abide by these Terms and all incorporated policies.
1.2Acceptance of Terms
You accept these Terms by clicking on a button indicating your acceptance, by executing a document that references them, or by using the Platform. If you do not agree to these Terms, you must not access or use the Platform.
For registered users, you acknowledge and agree that these Terms constitute a binding contract between you and Reefzoo, even though it is electronic and is not physically signed by either party. You further acknowledge that you have had the opportunity to print these Terms for your records.
1.3Definitions
Throughout these Terms, we use certain defined terms that have the following meanings:
1.4Relationship with Other Agreements
These Terms incorporate and are subject to the following additional policies and agreements, which together form the entire agreement between you and Reefzoo:
In the event of any conflict between these Terms and any other agreement or policy, these Terms shall govern, unless expressly stated otherwise in such agreement or policy.
1.5Effective Date and Modifications
These Terms are effective as of March 20, 2025 and replace any prior versions. The date of the most recent substantive revision will be indicated at the bottom of these Terms.
Reefzoo reserves the right to modify these Terms at any time in its sole discretion. If we make material changes to these Terms, we will provide notification through the Platform and/or via email if you have provided a valid email address. Your continued use of the Platform after such notification constitutes your acceptance of the modified Terms.
It is your responsibility to review these Terms periodically. By continuing to use the Platform after any modifications, you agree to be bound by the modified Terms.
2ELIGIBILITY & ACCOUNT MANAGEMENT
2.1Age and Capacity Requirements
You must be at least 18 years of age to create an account and use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms and be bound by them.
If you are accessing the Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2.2Account Creation Requirements
To access certain features of the Platform, you must create an account. When creating an account, you agree to:
Reefzoo reserves the right to refuse registration, cancel accounts, or remove or edit content in its sole discretion.
2.3User Roles and Permissions
The Platform has different user roles with varying permissions:
Reefzoo reserves the right to modify, add, or remove user roles and associated permissions at any time.
2.4Account Credentials and Security
You are responsible for safeguarding your account credentials and for any activity resulting from the use of your credentials. You agree to:
Reefzoo will not be liable for any loss or damage arising from your failure to protect your account credentials.
2.5Account Information Accuracy
You must keep your account information accurate, complete, and up-to-date, particularly your email address, payment information, and shipping address. Failure to maintain accurate information may result in your inability to access the Platform, complete transactions, or receive important notifications.
Reefzoo reserves the right to verify the accuracy of any information you provide and to terminate your account if you provide false, outdated, or incomplete information.
2.6User-Initiated Account Termination
You may terminate your Registered User account at any time through the Platform's account settings. Upon termination:
Sellers must contact Reefzoo support to properly deactivate their Seller account to ensure proper handling of any outstanding orders, payments, or other obligations.
2.7Platform-Initiated Account Suspension or Termination
Reefzoo reserves the right to suspend or terminate your account and access to the Platform at any time for any reason, without notice or liability to you. Grounds for account suspension or termination include, but are not limited to:
Reefzoo may, but is not obligated to, provide you with a warning before suspending or terminating your account.
2.8Data Retention and Account Deletion
When your account is terminated (either by you or by Reefzoo):
Complete deletion of all account data may be requested but will be subject to our legal obligations and legitimate business interests as detailed in our Privacy Policy.
2.9Special Provisions for Seller Accounts
Access to Seller features is restricted and requires specific approval from Reefzoo. To become a Seller:
Seller status is granted at Reefzoo's sole discretion and may be revoked at any time if Seller standards are not maintained. Additional terms for Sellers are detailed in Section 4 of these Terms.
3MARKETPLACE OPERATIONS
3.1Relationship between Reefzoo, Sellers, and Buyers
Reefzoo provides a platform that connects buyers and sellers in the reef aquarium hobby. You understand and agree that:
Buyers and sellers are independent parties and Reefzoo does not verify or confirm the qualifications, background, or identity of users, although we reserve the right to conduct any security or verification checks at our discretion.
3.2Marketplace Service Description
Reefzoo's Marketplace provides the following services:
Reefzoo is continually developing and improving the Platform. We reserve the right to change, suspend, or discontinue any aspect of our services at any time without notice or liability.
3.3Commission Structure and Fees
Reefzoo charges the following fees for use of the Marketplace:
These fees help cover the costs of platform development, operations, payment processing, and other services. You acknowledge and agree that:
3.4Payment Processing
All payments on Reefzoo are processed through Stripe Connect. By using the Platform, you agree to:
For buyers: When you place an order, your payment method will be authorized but not charged until the seller accepts your order. If the seller rejects your order or does not accept it within 24 hours, no charge will be processed.
For sellers: When you accept an order, the buyer's payment will be processed, and funds (minus applicable fees) will be transferred directly to your connected Stripe account. You are responsible for ensuring your Stripe account is properly set up to receive payments.
3.5Order Acceptance and Fulfillment Responsibility
Sellers are solely responsible for accepting, rejecting, and fulfilling orders. When a buyer places an order:
Buyers acknowledge and agree that by placing an order, they are entering into a direct contractual relationship with the seller, not with Reefzoo.
3.6Shipping Responsibility Disclaimer
Sellers are solely responsible for all aspects of shipping items sold through the Platform. Specifically:
Both parties acknowledge that Reefzoo has no involvement in the shipping process beyond providing a platform for recording shipping information.
3.7Tracking Information Requirements
Sellers are required to:
While Reefzoo strongly encourages sellers to provide tracking information through our integrated tracking system, failure to do so:
Reefzoo reserves the right to take action against sellers who consistently fail to provide tracking information, but Reefzoo is not liable to buyers for a seller's failure to provide tracking information.
3.8Order Cancellation Process
Order cancellations are handled directly between buyers and sellers:
3.9Disputes and Refunds
All disputes and refunds are handled directly between buyers and sellers without Reefzoo's involvement:
3.10Prohibited Transactions
Certain types of transactions are prohibited on Reefzoo:
Reefzoo reserves the right to remove listings, cancel transactions, or take other actions for prohibited activities at its sole discretion.
3.11Marketplace Limitation of Liability
To the fullest extent permitted by law, Reefzoo disclaims all liability related to transactions between users:
By using the Platform, you release Reefzoo from any claims related to transactions between users.
3.12Taxes and Compliance
Users are responsible for:
Reefzoo is not responsible for determining or advising on tax obligations or regulatory compliance related to user transactions.
4SELLER SPECIFIC PROVISIONS
4.1Seller Verification Process
Reefzoo maintains a selective verification process for all sellers on the Platform. To become a verified seller:
Reefzoo reserves the right to deny seller applications at its sole discretion. Verification status may be revoked if a seller fails to maintain Reefzoo's standards or violates these Terms.
4.2Listing Requirements and Restrictions
All listings on Reefzoo must:
Listings must not contain:
4.3Seller Responsibilities
Sellers on Reefzoo are responsible for:
4.4Seller Policies
Sellers must establish and clearly communicate policies regarding:
Sellers are bound by their stated policies and must honor them consistently. Reefzoo does not enforce seller policies but reserves the right to take action against sellers who consistently fail to honor their stated policies.
4.5Consequences for Policy Violations
Reefzoo may take the following actions for violations of these Terms or seller-specific policies:
Reefzoo maintains sole discretion in determining appropriate consequences for policy violations. Severity and frequency of violations will be considered when determining consequences.
4.6Insider Market Special Terms
The Insider Market is a specialized marketplace intended primarily for seller-to-seller transactions:
Additional Insider Market terms may be provided in separate seller-specific agreements.
4.7Seller Performance Standards
Reefzoo expects sellers to maintain high standards of service, including:
Reefzoo may review seller performance and take appropriate action for sellers who consistently fail to meet these standards.
4.8Store Status Management
Sellers can manage their store status through the Platform:
Sellers must maintain accurate store status to ensure proper buyer expectations. Reefzoo may modify a seller's store status under certain circumstances, including policy violations or platform maintenance.
5LIVESTOCK & SPECIALTY ITEMS
5.1Special Considerations for Live Coral and Marine Life
The sale of live organisms through Reefzoo carries special considerations:
Users acknowledge that live organisms are not manufactured products and should be treated with appropriate care and understanding of their biological nature.
5.2Inherent Risks Disclosure for Livestock Shipping and Purchase
Both buyers and sellers acknowledge that shipping and transferring live marine organisms involves inherent risks:
No party, including sellers and Reefzoo, can guarantee the survival or specific appearance of livestock after shipping.
5.3Buyer Acknowledgment of Risks
By purchasing livestock through Reefzoo, buyers explicitly acknowledge and accept:
5.4Compliance with Applicable Laws and Regulations
All users involved in livestock transactions must comply with:
Responsibility for compliance rests solely with the buyers and sellers. Reefzoo is not responsible for determining the legality of any transaction.
5.5Prohibited Species and Items
The following may not be sold on Reefzoo:
Reefzoo reserves the right to remove listings for any species or items that may violate applicable laws or regulations.
5.6DOA Claims Process
Dead-on-arrival (DOA) claims are handled directly between buyers and sellers:
Reefzoo has no role in processing, mediating, or resolving DOA claims.
5.7Seller-Buyer Relationship for Livestock Claims
The relationship between buyers and sellers for livestock claims is direct and does not involve Reefzoo:
Reefzoo does not guarantee or enforce any particular outcome for livestock claims and bears no responsibility for the resolution of such claims.
6USER-GENERATED CONTENT
6.1Definition of User Content
"User Content" refers to any content that you post, upload, share, store, or otherwise provide through the Platform. This includes, but is not limited to:
6.2License Grant to Reefzoo for User Content
By posting User Content on or through the Platform, you grant Reefzoo a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your User Content. This license allows Reefzoo to:
This license is necessary for Reefzoo to operate the Platform and provide services to you and other users. You represent and warrant that you have all rights necessary to grant this license.
6.3Content Ownership Clarification
You retain all ownership rights to your User Content. Reefzoo does not claim ownership of your content but requires the license described above to operate the Platform. By posting User Content, you represent and warrant that:
6.4Prohibited Content Categories
You must not post User Content that:
6.5Content Removal Rights
Reefzoo reserves the right to:
Reefzoo is not obligated to remove or edit content that you may find objectionable and has no duty to monitor User Content. However, we may monitor content to administer the Platform and enforce our policies.
6.6Copyright and IP Infringement Reporting Process
Reefzoo respects the intellectual property rights of others and expects users to do the same. If you believe your intellectual property rights have been violated:
Upon receipt of a proper notice, Reefzoo will take appropriate action, which may include removing the content and terminating accounts of repeat infringers.
6.7User Responsibility for Posted Content
You are solely responsible for all User Content that you post on the Platform. This responsibility includes:
Reefzoo does not endorse any User Content and has no obligation to prescreen, monitor, edit, or remove User Content, though we reserve the right to do so.
6.8Review Guidelines and Integrity
Reviews are an important part of the Reefzoo community. When posting reviews:
Reefzoo reserves the right to remove reviews that violate these guidelines or to take action against users who manipulate the review system.
7COMMUNITY STANDARDS
7.1Expected User Behavior
Reefzoo is a community built on shared passion for the reef aquarium hobby. All users are expected to:
7.2Prohibited Behaviors and Content
The following behaviors and content are prohibited on Reefzoo:
7.3Moderation Policies
Reefzoo moderates content and user behavior to maintain a positive community:
Users should understand that moderation is intended to maintain community standards and is not a limitation on free expression.
7.4Reporting Mechanisms for Violations
If you encounter content or behavior that violates these Terms:
Reefzoo will review reports and take appropriate action based on our policies. Not all reports will result in content removal or user sanctions.
7.5Consequences for Violations
Users who violate these Terms or Community Standards may face the following consequences:
The specific consequences will depend on the nature, severity, and frequency of violations. Reefzoo maintains sole discretion in determining appropriate consequences for violations.
7.6Appeals Process for Moderation Decisions
Users may appeal certain moderation decisions:
Not all moderation decisions are eligible for appeal, and Reefzoo reserves the right to make final determinations in all cases. The appeals process is provided as a courtesy and is not a legal right.
7.7Reefzoo's Right to Remove Content or Users
Reefzoo reserves the absolute right to:
Reefzoo is not required to provide reasons for content removal or account actions, though we generally attempt to do so for significant enforcement actions. These rights are essential to maintaining the integrity and safety of the Platform.
8INTELLECTUAL PROPERTY
8.1Reefzoo Trademarks and Copyrights
Reefzoo owns all intellectual property rights related to the Platform, including but not limited to:
These intellectual property rights are protected by United States and international laws. No right, title, or interest in Reefzoo's intellectual property is transferred to you through your use of the Platform.
8.2License to Use the Platform
Reefzoo grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely in accordance with these Terms. This license is for personal and non-commercial use, except as explicitly permitted for Sellers under these Terms. This license does not include the right to:
Reefzoo reserves the right to terminate this license at any time for any reason.
8.3Restrictions on Use of Reefzoo IP
You may not use Reefzoo's intellectual property without prior written permission, including:
Limited exceptions may be granted for promotional purposes by verified sellers, but such exceptions must be explicitly authorized in writing by Reefzoo.
8.4CoralDB and Insights Content Ownership
All content within CoralDB and the Insights section of the Platform is the exclusive property of Reefzoo or its licensors. This includes:
This content may not be reproduced, distributed, or used for any purpose without Reefzoo's express permission, regardless of whether it is accessible to all users or only to premium subscribers.
8.5Third-Party Content and Services
The Platform may incorporate content and services from third parties:
When you access third-party content or services through the Platform, you do so at your own risk.
8.6DMCA Compliance and Reporting Process
Reefzoo complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been used on the Platform without permission:
1. Submit a written notification to Reefzoo's designated copyright agent from https://www.reefzoo.com/about/contact:
* A physical or electronic signature of the copyright owner or authorized agent
* Identification of the copyrighted work claimed to have been infringed
* Identification of the infringing material and its location on the Platform
* Your contact information (address, telephone number, email)
* A statement that you have a good faith belief that the use is not authorized
* A statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner
2. Upon receipt of a proper notification, Reefzoo will:
* Remove or disable access to the allegedly infringing material
* Take reasonable steps to notify the content provider
* Follow appropriate procedures for counter-notices
3. Counter-notices:
* Users who believe their content was wrongfully removed may submit a counter-notice
* Counter-notices must include specific elements required by the DMCA
* Upon receipt of a valid counter-notice, Reefzoo may restore the content after 10-14 business days unless the copyright owner initiates legal proceedings
Reefzoo may terminate accounts of users who are repeat infringers in appropriate circumstances.
9PRIVACY & DATA
9.1Link to Privacy Policy
Your privacy is important to us. Our Privacy Policy, available at [privacy-policy-link], describes how we collect, use, share, and protect your personal information. The Privacy Policy is incorporated into these Terms by reference, and by using the Platform, you consent to the practices described in that policy.
9.2Data Collection Statement
Reefzoo collects various types of data through your use of the Platform, including:
We collect this information when you provide it directly, through your use of the Platform, and from third parties as described in our Privacy Policy.
9.3How Data is Used Within the Platform
Reefzoo uses the data we collect to:
Your data may be used for additional purposes as described in our Privacy Policy.
9.4Analytics and Performance Data
Reefzoo uses analytics and performance monitoring tools to:
This may involve the use of cookies, pixel tags, and similar technologies as described in our Privacy Policy. You can manage certain aspects of tracking technologies through your browser settings.
9.5Third-Party Service Providers
Reefzoo works with trusted third-party service providers who perform services on our behalf, including:
These service providers may have access to your personal information as necessary to perform their functions, but are contractually prohibited from using it for other purposes. All service providers are required to maintain appropriate security measures to protect your data.
9.6Data Security Measures
Reefzoo implements reasonable security measures to protect your data, including:
However, no method of transmission or storage is 100% secure. While we strive to protect your personal information, we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
For more detailed information about our privacy and data practices, please review our full Privacy Policy.
10PLATFORM FEATURES
10.1Community Pillar Usage Terms
The Community Pillar of Reefzoo enables users to share experiences, knowledge, and content related to reef keeping. When using Community features:
Users understand that Community content is created by other users, not Reefzoo, and Reefzoo makes no representations regarding the accuracy, safety, or legality of such content.
10.2Insights Pillar Usage Terms
The Insights Pillar provides educational and informational content related to the reef aquarium hobby:
10.3CoralDB Usage Restrictions
CoralDB is Reefzoo's proprietary database of coral species, market data, and related information:
10.4Future Features Disclaimer
Reefzoo is constantly developing and improving the Platform:
10.5Platform Availability and Maintenance
Reefzoo strives to maintain Platform availability, but cannot guarantee uninterrupted access:
10.6Commercial Posting Restrictions
The Platform is primarily intended for community engagement and marketplace transactions related to the reef aquarium hobby:
11DISCLAIMERS & LIMITATIONS
11.1"As-Is" Service Provision
THE PLATFORM AND ALL SERVICES PROVIDED BY REEFZOO ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
TO THE FULLEST EXTENT PERMITTED BY LAW, REEFZOO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
REEFZOO DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
11.2No Warranties for Marketplace Transactions
REEFZOO IS NOT A PARTY TO TRANSACTIONS BETWEEN USERS AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING:
USERS ACKNOWLEDGE THAT THEY ARE SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF ANY TRANSACTION THEY ENTER INTO.
11.3Disclaimer of Liability for Seller-Buyer Transactions
TO THE FULLEST EXTENT PERMITTED BY LAW, REEFZOO SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, DEMANDS, LOSSES, LIABILITIES, COSTS, OR EXPENSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATING TO:
USERS RELEASE REEFZOO FROM ANY CLAIMS RELATED TO ITEMS SOLD THROUGH THE PLATFORM, INCLUDING CLAIMS FOR DEFECTIVE ITEMS, MISREPRESENTATIONS, OR ITEMS THAT CAUSED PHYSICAL INJURY (INCLUDING PRODUCT LIABILITY CLAIMS).
11.4Force Majeure Provisions
NEITHER REEFZOO NOR ITS USERS SHALL BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE RESULTING FROM CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO:
THE AFFECTED PARTY SHALL USE REASONABLE EFFORTS TO MITIGATE THE EFFECTS OF SUCH EVENTS AND RESUME PERFORMANCE AS SOON AS REASONABLY POSSIBLE.
11.5Service Interruption Disclaimer
REEFZOO DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE PLATFORM. OPERATION OF THE PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF REEFZOO'S CONTROL. REEFZOO SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS, DELAYS, FAILURES, OR ERRORS IN THE PLATFORM OR ITS SERVICES, INCLUDING:
USERS ACKNOWLEDGE THAT TEMPORARY INTERRUPTIONS IN SERVICE ARE REASONABLE AND EXPECTED.
11.6Platform Development Status Acknowledgment
USERS ACKNOWLEDGE THAT REEFZOO IS IN ACTIVE DEVELOPMENT AND AGREE THAT:
USERS AGREE TO USE THE PLATFORM WITH THE UNDERSTANDING THAT IT IS A DEVELOPING SERVICE AND ACCEPT THE ASSOCIATED RISKS.
11.7Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REEFZOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REEFZOO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT SHALL REEFZOO'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS EXCEED THE GREATER OF: (A) $100 USD OR (B) THE AMOUNT OF FEES YOU PAID TO REEFZOO IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REEFZOO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11.8Indemnification Requirements
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS REEFZOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM:
REEFZOO RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF REEFZOO. REEFZOO WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE PLATFORM.
12DISPUTE RESOLUTION
12.1Governing Law
These Terms and any disputes arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
12.2Informal Dispute Resolution
Before initiating any arbitration or court proceeding, you and Reefzoo agree to first attempt to resolve any dispute informally. To initiate this process, you must send a written notice of your concern or dispute ("Notice of Dispute") to [[email protected]] that includes: (1) your name, (2) your contact information (including email address and phone number), (3) a detailed description of the dispute, and (4) your proposed resolution.
If Reefzoo has a dispute with you, we will send a Notice of Dispute to the email address associated with your account. Once a Notice of Dispute is received, the recipient has 60 days to respond and attempt to reach a resolution. Both parties agree to make good faith efforts to resolve any dispute through informal discussion.
12.3Binding Arbitration
If a dispute cannot be resolved through the informal dispute resolution process within 60 days, either party may initiate binding arbitration as the sole means to resolve claims (except as provided in Section 12.5 below). Specifically, all claims arising out of or relating to these Terms, the Platform, or our Services shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules.
The arbitration will be conducted by a single arbitrator selected either by mutual agreement or by the AAA in accordance with its rules. The arbitration shall be conducted in English and all submissions shall be made in English. The place of arbitration shall be Denver, Colorado, unless the arbitrator determines another location is more appropriate. The arbitrator's decision shall be based on these Terms and applicable law.
The arbitrator shall have the authority to award any legal or equitable remedy available in court, including injunctive relief, but shall not have the authority to order an amendment of these Terms. The arbitrator's award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
12.4Class Action and Jury Trial Waiver
YOU AND REEFZOO AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. FURTHERMORE, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
YOU AND REEFZOO EACH ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, BOTH PARTIES ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
12.5Small Claims Court Exception
Notwithstanding the foregoing, either party may bring an individual action in small claims court in the county of your residence (if you are a consumer) or in Gunnison County, Colorado (in all other cases), provided such action remains in that court, is made on an individual (non-class) basis, and does not seek relief exceeding the jurisdictional limits of that court.
12.6Intellectual Property Exception
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights pending the completion of arbitration.
12.7Arbitration Costs
For arbitration claims:
12.8Opt-Out Right
You have the right to opt out of this Arbitration Agreement within 30 days after the date you first accept these Terms by sending an email to Reefzoo support with your name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration provision. If you opt out of the arbitration provision, Sections 12.3, 12.4, and 12.7 will not apply to you, but the remainder of the Terms will continue to apply.
12.9Venue for Judicial Proceedings
Any judicial proceedings (other than small claims actions as described above) that are permitted under these Terms must be brought exclusively in the state or federal courts located in Denver County, Colorado, and both parties consent to venue and personal jurisdiction in these courts.
12.10Time Limitation for Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Platform, or our Services must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This time limitation does not apply to residents of jurisdictions where such limitations are prohibited by applicable law.
12.11Severability
If any portion of this Dispute Resolution section is found to be unenforceable or unlawful, the unenforceable or unlawful provision shall be severed from these Terms. The severance of such provision shall not affect the validity and enforceability of the remaining provisions of this Section or the Terms.
13GENERAL PROVISIONS
13.1Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and Reefzoo regarding your use of the Platform. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and Reefzoo regarding your use of the Platform. No other terms or conditions of any kind will be effective or binding unless expressly agreed to in writing between you and an authorized representative of Reefzoo.
13.2Severability
If any provision of these Terms is held invalid, void, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The invalidity of any provision shall not affect the validity of the remaining provisions of these Terms.
13.3No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Reefzoo's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by Reefzoo of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
13.4Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Reefzoo's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Reefzoo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
13.5Relationship of Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, employment, or fiduciary relationship between you and Reefzoo. Neither you nor Reefzoo has any authority to bind the other in any respect. You are not authorized to make any statements, representations, or commitments of any kind on Reefzoo's behalf without Reefzoo's prior written consent.
13.6Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Reefzoo, except that the limitations of liability and indemnities set forth in these Terms inure to the benefit of Reefzoo's affiliates, officers, directors, employees, agents, and representatives.
13.7Force Majeure
Reefzoo shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond Reefzoo's reasonable control, including but not limited to, acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of equipment, shortage of utilities or supplies, internet or telecommunications disruptions, or any similar events.
13.8Survival
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13.9Notices
Any notices or other communications provided by Reefzoo under these Terms, including those regarding modifications to these Terms, will be given: (i) via email to the email address you provide; or (ii) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
13.10Headings
The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
13.11Contact Information
For questions about these Terms or the Platform, please contact Reefzoo at from https://www.reefzoo.com/about/contact
14CHANGES TO TERMS
14.1Right to Modify Terms
Reefzoo reserves the right, in its sole discretion, to modify or replace these Terms at any time. Because our Platform evolves over time, the terms and conditions under which we offer the Platform may need to change.
14.2Notification Method for Changes
If Reefzoo makes material changes to these Terms, we will provide notification through the Platform and/or by sending an email to the email address associated with your account. We may or may not also notify you of certain changes through other means, such as a banner on our website or a notification when you sign in.
14.3Review of Changes
It is your responsibility to review these Terms periodically to stay informed of updates. The date of the most recent revision of these Terms will be displayed at the top of the Terms. Continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.
14.4Material Changes
For material changes to these Terms:
14.5Continued Use Constitutes Acceptance
Your continued use of the Platform after the effective date of any changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform before the changes become effective.
14.6Special Handling of Material Changes
For certain material changes that significantly impact user rights or obligations:
14.7Effective Date of Changes
All changes will become effective upon posting on the Platform, unless otherwise specified. Changes will not apply retroactively to actions that occurred before the effective date of the changes unless legally required.
14.8Prior Versions
Reefzoo may, at its discretion, maintain an archive of previous versions of these Terms. If you have questions about prior versions, please contact us using the information provided in Section 13.11.
These Terms of Service were last updated on March 20, 2025. If you have any questions about these terms, please contact us from our contact page.