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Terms of Use

You are being presented these Terms of Use because you are visiting a website (the "Website") that is either (a) owned and operated by ZenplifyTM ("Zenplify") or (b) includes content, including but not limited to registration and other forms, owned by Zenplify or drawn from a website owned and operated by Zenplify. By accessing and using this Website or Zenplify services, you agree to be bound by these Terms of Use and all other terms, policies and operating procedures that may by published on this Website. So please, read these Terms of Use carefully. If you do not agree to our Terms of Use, do not enter or use this Website. We reserve the right to update or otherwise modify these Terms of Use from time to time. You are responsible for checking these Terms of Use periodically for changes and updates. Your use of this Website following posted change(s) and update(s) will be deemed an acceptance of such change(s).

1. PRIVACY.We may collect certain types of personally identifiable information from you. Please review our Privacy Policy, which also governs your visit to this Website and sets forth the information we my collect from you and how we will protect it and use it.

2. ELECTRONIC COMMUNICATION. When you send e-mails to use or visit the Website you are communicating with us electronically. By communicating with us via e-mail or by submitting any request on the Website, you agree that we may send e-mail to you and you consent to receive email or other electronic communications from us. Generally, we will communicate with you by e-mail or by posting notices on this Website. You agree that all terms (including current and future), notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and/or that they be sent to the recipient's last known address.

3. OWNERSHIP. Some content on the Website, including (but not limited to), text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of any of the foregoing, is the property of Zenplify and is protected by United States and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying, reproduction, modification, use, distribution, or display of the material herein or thereon (regardless of the form or media and whether by download or otherwise) is permitted without the express written permission of Zenplify and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Website. All rights not expressly granted hereunder are expressly reserved to Zenplify and to the respective owners of such rights. If you believe your rights under applicable copyright laws are being infringed by Zenplify or by another person or entity using the Website, contact us immediately using the contact information furnished in these Terms of Use. Notwithstanding any of the foregoing terms of this Section 3, Zenplify has no direct or indirect ownership interest in any of the data, information or content (specifically including User-Furnished Content) provided by you, the User, or any of your clients.

4. TRADEMARKS. The name "Zenplify", and any and all logos and designs connected thereto or associated therewith are the exclusive property of Zenplify and/or the Vendors or Advisors and are protected by federal and state law. You may not use the Trademarks in any way, including, but not limited to, use as meta tags or any other "hidden text", without the express written consent Zenplify.

5. LIMITED LICENSE AND PROHIBITED ACTIVITIES.You have a limited right and license to access the Website for your own specific business or personal use. You may not modify any page on the Website. This limited license strictly prohibits any resale or commercial use of any page on the Website, including any collection or use of any product listings, descriptions, or prices; any derivative use of the Website or any page thereon or associated therewith; any downloading or copying of account information; and any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any page on the Website for any commercial purpose without the express written consent of Zenplify. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without our express written consent. Any unauthorized use terminates the permission or license granted by Zenplify and may result in termination of your access to and use of the Website.
In addition, you represent and warrant that any and all information you post or otherwise provide to Zenplify by means of the Website is true, accurate, not misleading, and offered in good faith. Any information disclosed to you may be used only for its intended purpose.
Zenplify expects that you will exercise caution, good sense and proper judgment in using the Website. You can be held liable for any illegal or prohibited content that you provide to Zenplify or to other users, including, for example, infringing, defamatory, or offensive materials. You may not, and hereby represent and warrant that you will not, post, transmit, e-mail, or otherwise make accessible on or through the Website content that:
Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious;
Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
Is or could be harmful to minors;
Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing (or "spamming");
Promotes information that you know (or, through the exercise of ordinary care, should have known) is false, misleading, or promotes illegal activities or conduct;
Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities;
Contains a software virus or any other code, files, or programs that are designed to or have the ability to interrupt, destroy, disable, compromise, or otherwise limit the functionality of any computer programs or hardware or telecommunications equipment whether owned by Zenplify or any other person or party;
Solicits passwords, or personally identifying information for commercial or unlawful purposes from other users; or
Otherwise violates any local, state, national, or other applicable law or regulation. In addition, you may not, in connection with the Website:
Impersonate any person or entity, including a Zenplify officer or employee, or falsely misrepresent your identification or affiliation in any other way;
Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content posted or transmitted through or on this Website;
Disrupt the ordinary flow and operation of any portion of this Website;
Interfere with or disrupt this Website or any server or network involved with the operation of this Website;
Stalk or harass any other person; or
Collect or "harvest" from this Website the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.

6. YOUR ACCOUNT.As discussed further in our Privacy Policy, by using this Website, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

7. YOUR REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT. Where the capability is offered, you may post reviews, comments, other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, "User-Furnished Content"), so long as none of such User-Furnished Content breach these Terms of Use. Zenplify reserves the right (but not the obligation) to remove or edit such User-Furnished Content, but does not regularly review such User-Furnished Content and assumes no obligation to do so. If you do post any content on this Website or submit material, (i) with respect to all User-Furnished Content other than product reviews, you grant Zenplify a nonexclusive, royalty-free right to use, modify, distribute, reproduce, display, perform, and publish such content and (ii) with respect to product reviews, you assign, and are hereby deemed to have assigned, to Zenplify all your right, title, and interest in and to such reviews, including all intellectual property rights therein and thereto. You grant Zenplify and its Vendors the right to use the name that you submit in connection with such User-Furnished Content, if and as we or they choose. By submitting any content to Zenplify, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that such content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Zenplify and its Vendors for all claims resulting from content you provide. Zenplify has the right, but not the obligation, to monitor and edit or remove any activity or User-Furnished Content. Zenplify takes no responsibility and assumes no liability for any User-Furnished Content posted by you or any third party.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND INDEMNITY. Zenplify and this Website ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZENPLIFY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR DESCRIBED IN THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZENPLIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZENPLIFY DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, THE SERVICES PROVIDED OR e-mail SENT BY OR FROM ZENPLIFY ARE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZENPLIFY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, THE USE OF THIS WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZENPLIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ZENPLIFY FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THIS WEBSITE OR THESE TERMS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED UNITED STATES DOLLARS ($100). THIS LIMITATION OF LIABILITY APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THIS WEBSITE OR DERIVE BENEFIT FROM THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THIS WEBSITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD ZENPLIFY AND ITS AFFILIATES HARMLESS, AND, AT ZENPLIFY'S REQUEST, TO DEFEND ZENPLIFY AND ITS AFFILIATES FROM AND AGAINST ANY ALLEGATION, CLAIM, DEMAND, CAUSE OF ACTION, DEBT, LOSS OR LIABILITY, INCLUDING REASONABLE ATTORNEYS' FEES, TO THE EXTENT THAT SUCH ACTION IS BASED UPON, ARISES OUT OF, OR RELATES TO YOUR USE (OR INABILITY TO USE) OF THIS WEBSITE.

9. APPLICABLE LAW. By visiting this Website and/or by consenting to these Terms of Use, you agree that the laws of the state of Montana, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Zenplify.

14. DISPUTES. Any dispute relating in any way to your visit to the Website or to products you license or purchase through Zenplify (where Zenplify, Inc. is named as a party) shall be submitted to arbitration in Missoula, Montana, pursuant to the commercial arbitration rules of and under the auspices of the American Arbitration Association. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate Zenplify's intellectual property rights, Zenplify may seek injunctive or other appropriate relief in any state or federal court in and you consent to exclusive jurisdiction and venue in such courts. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

15. PRIVACY POLICY. In this Website Privacy Policy ("statement"), we, Zenplify Inc. provide information about how we collect, use, disclose, and transfer personal information from you, an individual person and website visitor, through Zenplify's publicly accessible website.This statement covers only data collected through the site and not any other data collection or processing, including, without limitation, data collection practices of webpages to which the site links, or data that we collect offline or through webpages that do not display a direct link to this statement.

Through the site, we receive personal information as well as other information related to your use of the site.

Personal Information Collected:

Personal information is information that identifies you as an individual. When you request information, subscribe to a mailing list, subscribe for a service, or respond to an online survey or otherwise contact us, we usually collect personal information such as your name, e-mail address(es), mailing address(es), and telephone numbers.
You can opt out of providing information by not entering it when asked and, if such information is required in order to allow us to respond to your inquiry, you will receive a notice advising you of this. If you do not provide us with some or all of the requested information we may not be able to provide services to you.

Other Information Collected:

The site also collects information that does not reveal your specific identity or does not directly relate to an individual ("other information"). For example, when you visit the site, we also track certain information about your computer and Internet connection, such as the IP address of your computer and/or Internet service provider, the date and time you access the site, the Internet address of websites from which you link to our site, the computer technology you are using and your movements and preferences on our site.
We use technology that many other websites employ, including, without limitation, "cookies" or small data files stored on your computer's hard drive, to collect such information. There are persistent cookies and session cookies. In some instances, we use cookies to collect information in connection with future visits from that website, to recognize you as a previous visitor, or to track your activity on our site. If you follow a link to the site from an affiliate or promotion, we store information about your arrival from that affiliate or promotion in a session cookie. A persistent cookie consists of a text file sent by a web server to web browser, which will be stored by the browser and will remain valid until its set expiry date. You do not need to have cookies turned on to visit our site. You can refuse cookies by setting your browser to decline them automatically or to give you the choice of declining or accepting the placement of cookies from the site. But, if you want to access Zenplify webpages, you need to accept a mandatory session cookie, which you can delete after you leave the site.
We also may collect information related to your company, geographic location, or other demographic information that does not personally identify you.
To the extent permitted by applicable law, we reserve the right to combine other information as defined above with personal information that you submit.

Collection Purposes, Use of Data

We collect Personal Information primarily for the purpose for which you provided the information to us and/or our affiliates or for the services you ordered. (For example, to provide information to you or sign you up for a free trial). We will retain your personal information for the period necessary to fulfill the purposes outlined above.

Disclosures of Personal Information

We do not sell your personal information to any third parties.
We engage agents and service providers who process data only on our behalf and for our purposes under confidentiality agreements. We may share your information as required by law or in the interest of protecting or exercising our or others' legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your information in connection with a prospective or actual sale, merger, transfer or other reorganization of all or parts of our business. Also, we reserve the right to fully use and share any information that is not in personally identifiable form (such as statistics and survey results that do not identify you individually by name).

Opt-Out

To opt out of receiving marketing related communications from Zenplify, please click on the "opt-out" link in the communication. Please note that if you do opt-out of receiving marketing- related emails from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.

Security

Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Cross-Border Transfers

Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the site you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

Retention Period

We will retain your personal information for the period necessary to fulfill the purposes outlined in this statement unless a longer retention period is required or permitted by law.

Access

If personal information you have submitted through the site is no longer accurate, current, or complete, and you wish to update it, please send an e-mail to support@Zenplify.com. Upon appropriate request we will usually be glad to update or amend your information, but we reserve the right to use information obtained previously to verify your identity or take other actions that we believe are appropriate.

Amendments

This statement is effective as of April 2, 2015. We reserve the right to change, modify, add or remove portions of this statement from time to time and in our sole discretion, but will alert you that changes have been made by indicating on the statement the date it was last updated. When you visit the site, you are accepting the current version of this statement as posted on the site at that time. We recommend that users revisit this statement on occasion to learn of any changes.

BY USING OR ACCESSING THIS SITE, YOU AGREE TO BE BOUND LEGALLY BY ALL OF THE FOREGOING TERMS AND CONDITIONS.