ZAPinfo, Inc Terms Of Service
ZAPinfo, Inc. (“ZAPinfo,” “we”) created and maintains the ZAPinfo services (“Services”). The Services consist of various web, desktop, and mobile applications providing the functionality described on the ZAPinfo website at (the “Website”). These Terms of Service are referred to herein as the “TOS.”
Acceptance of Terms; Other Agreements.
Access to and use of the Services by all ZAPinfo customers (“Customer”) and their authorized users are subject to these TOS unless we agree otherwise with the Customer in a separate writing. Customers and users are referred to herein collectively as “you.” These TOS form a legally binding agreement between you and ZAPinfo regarding your use of the Services. By accessing or using the Services, you accept and agree to abide by the TOS. IF YOU DO NOT AGREE TO THESE TOS, YOU MUST NOT SUBSCRIBE FOR OR OTHERWISE ATTEMPT TO ACCESS OR USE THE SERVICES.
These TOS are also subject to all terms and conditions of the following additional agreements (the “Additional Agreements”), all of which are accessible via links on the Website:
You expressly acknowledge and agree that if you use (or instruct, permit, or enable any employees, contractors, partners, or customers of the entity that you represent to use), the Services to collect, retrieve, send, store, host, transfer, or otherwise process or use any information relating to any natural persons located in the European Union, then such activities shall be subject to the Data Processing Agreement, which is hereby incorporated into these Terms of Service by this reference.
By accessing and using the Services, and accepting these TOS, you agree to be legally bound by all terms and conditions of the Additional Agreements. The Additional Agreements are incorporated into and made part of these TOS by reference.
Changes to TOS and Service.
ZAPinfo may make changes to the TOS and may modify, change, or discontinue any part or all of the Services at any time by posting a revised version of the TOS on the Website or by releasing new versions of the Services. The revised TOS will become eﬀective when we post them to the Website or, if we provide you a click-through or other means of accepting the TOS, upon your acceptance. By continuing to use the Services after the revised TOS become eﬀective, you agree to be bound by them in all respects.
Services and Payment Terms.
ZAPinfo provides the Services subject to subscription pricing plans as described on the Website. Customers must register and choose a subscription plan before using the Services, either electronically via the Website or separately through a ZAPinfo representative. The Services are provided subject to the payment of all agreed fees and compliance with the TOS or any separate terms ZAPinfo and the Customer both agree upon. All fees (and all applicable sales, use or value-added taxes) shall be paid by you by credit card, debit card, PayPal, or other online method unless ZAPinfo agrees otherwise.
Customers are responsible for assuring that their authorized users abide by these TOS and the Additional Agreements.
You shall provide ZAPinfo with that credit card, debit card, or other payment information as required by ZAPinfo (the “Payment Information”) to receive all fees and taxes due from you. You hereby authorize ZAPinfo to use your Payment Information to collect fees from you in the amounts provided by your subscription plan.
In addition to any other rights granted to ZAPinfo herein, ZAPinfo reserves the right to suspend or terminate your access to the Services if ZAPinfo is unable to use your Payment Information to process your fee payments. Unless ZAPinfo terminates your subscription for convenience, as permitted below, ZAPinfo will have no obligation to refund or issue a fees credit (on a pro-rata basis or otherwise) to you for the remaining term of your subscription.
Using the Services with Other Websites or Sources.
All access, use, and re-use of personal data is subject to the terms of the separate ZAPinfo Data Processing Agreement available on the Website. All such use is at your own risk, including any damages or losses you sustain.
Your User Information, Privacy, and Data Protection.
Your user ID and password (the “User Information”) are provided solely for access and use of the Services. You are solely responsible for keeping your User Information safe, secure, and available. You are solely responsible for all use of the Services and activities that occur through your account.
You understand that if you are using the Services as part of an employer-paid or sponsored agreement with ZAPinfo, that details of your use of the Services may be accessed by or otherwise available to your employer or sponsor.
Responsibility for Services.
The Services are designed to expedite workﬂow with Third-Party Services. ZAPinfo shall not be responsible for the contents of any Third-Party Services, or any changes or updates to such websites or services. You further agree that ZAPinfo shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any content or services available on or through any Third-Party Sites or Services.
Intellectual Property Rights and Services Licenses
ZAPinfo grants you a non-exclusive, non-transferable, limited right to access and use the Services for the term of your subscription. Subject to the grant of these usage rights, ZAPinfo and its licensors retain the worldwide intellectual property and ownership rights to the Services.
The Services are not intended for use by anyone under age 18. You represent and warrant to ZAPinfo as a condition of using the Services that you are age 18 or older. You may not use the Services if you are barred from doing so under the laws of the United States or any other country, including the country from which you use the Services.
You shall not use the Services to:
(a) attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Services available to any third party;
(b) attempt to copy, modify, or make derivative works based upon the Services;
(c) create Internet "links" to the Services or "frame" or "mirror" the Services on any server or computing device;
(d) interfere with or disrupt the integrity or performance of the Services or the data contained therein;
(e) attempt to gain unauthorized access to the Services or its related systems or networks;
(f) remove or obscure any notices or markings, including without limitation, copyright, trademark, or conﬁdentiality notices, or ownership notices appearing on or displayed by the Services;
(g) publish, upload, post, email, transmit or otherwise make available any content that you do not have the right to access or make available, or that is unlawful, harmful, vulgar, obscene or otherwise objectionable;
(h) infringe any intellectual property rights of any party;
(i) transmit, process, or copy any malicious software code, such as a virus, using the Services; or
(j) violate any applicable local, state, national or international law and any regulations.
“ZAPinfo” is a trademark of ZAPinfo. All other brand or product names used on the Services are trademarks of their respective owners. These TOS do not grant you any right to use the ZAPinfo or any third-party trademarks.
ZAPinfo reserves the right to terminate your access to and use of the Services immediately and without prior notice to you if you violate the foregoing restrictions on use or otherwise violate these TOS.
The Services are provided to you “AS IS” and “AS AVAILABLE.” ZAPinfo hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, ﬁtness for a particular purpose, and non-infringement. ZAPinfo does not make any warranty that the Services will be error-free, that access thereto will be continuous or uninterrupted, or the Services will meet your usage needs or requirements.
In the event you are in material breach of these TOS, ZAPinfo may, at its sole discretion, suspend or permanently terminate your account. ZAPinfo shall not be liable to you or any third party for the termination of your account or any changes to the TOS.
You agree to indemnify and hold ZAPinfo, its aﬃliates, subsidiaries, oﬃcers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your content or your use of the Services, your breach of these TOS, or of ZAPinfo’s other policies or agreements with you, and any alleged violation by you of any other rights of a third party.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, ZAPINFO AND ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, ADVISORS, AND TECHNOLOGY CONTRACTORS WILL NOT BE LIABLE TO ANY CUSTOMER, USER, OR THIRD PARTY FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF ANY USE OF THE SERVICES, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE.
THE AGGREGATE LIABILITY OF ZAPINFO TO ANY CUSTOMER OR USER FOR CLAIMS RELATING TO THE USE OF THE SERVICES THESE TERMS AND THE ADDITIONAL AGREEMENTS, WHETHER BASED ON CONTRACT, TORT, OR OTHER LEGAL RIGHT OR REMEDY, WILL BE LIMITED TO THE TOTAL FEES PAID OR OWING BY CUSTOMER FOR THE MOST RECENT THREE (3) MONTHS OF THE APPLICABLE SUBSCRIPTION TERM.
IN ALL CASES, ZAPINFO AND ITS AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, ADVISORS, AND TECHNOLOGY CONTRACTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Copyright Infringement Issues.
If you or a third party are a copyright owner and believe that your or their copyrighted material has been used on or displayed by the Services in a manner that constitutes copyright infringement, the violation should be reported to ZAPinfo by sending written and email notices to the attention of the ZAPinfo Chief Executive Oﬃcer using the addresses provided at the end of these TOS.
The following information should be included in the notice to ZAPinfo: (a) a detailed description of the allegedly infringed copyrighted material,(b) a description of the location of such material on the Services, (c) the complaining party’s contact information, including address, telephone number, and email address, if any, (d) a statement that the complaining party has a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (e) a statement, made under penalty of perjury, aﬃrming that the information in the notice is accurate and that the complaining party is authorized to act on the copyright owner's behalf, and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert copyright infringement and to submit the statement.
Any notice permitted or required under these TOS shall be deemed given on the date of personal delivery or ﬁve (5) days after deposit in the United States mail, postage fully prepaid, return-receipt requested. Notices shall be addressed to ZAPinfo at its principal oﬃce address and to you at your street or email address of record with ZAPinfo. Personal delivery of a notice via a nationally-recognized courier will be valid upon delivery provided the courier obtains a signed receipt. Notice by email shall be valid provided the sender receives an acknowledgement of receipt by a return email or by another means providing a written record.
These TOS are governed by Minnesota law and applicable U.S. federal and international laws. All legal actions to enforce or interpret these terms shall be commenced exclusively in the state or federal courts located in Hennepin County, Minnesota. To the fullest extent allowed by law, you hereby consent to the exclusive jurisdiction and venue of the Minnesota courts.
You may not assign or otherwise transfer your rights under these TOS without ZAPinfo’s prior written consent, which consent may be withheld for any reason in ZAPinfo’s sole discretion. ZAPinfo may freely assign its rights and obligations under these TOS to any third party as ZAPinfo determines in its sole business discretion.
These TOS shall be binding upon, and inure to the beneﬁt of, the parties and their permitted respective successors and assigns.
Any waiver or failure by ZAPinfo to exercise its rights under these TOS will not create a continuing waiver of such rights. If any provision of these TOS is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be aﬀected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision.
Questions, comments or concerns about these Terms of Service and related matters may be sent to ZAPinfo at the following street or email address:
261 School Ave., Suite 350
Excelsior, MN 5531
Copyright © ZAPinfo, Inc. 2019, all rights reserved.
Revised 21 August 2019 (v6)