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Terms of use

By visiting the zoomforth.com website (or any other website(s) and online platforms owned by Zoomforth, Inc., collectively the “Website”) or using any of Zoomforth’s products, services and/or applications (collectively the “Services”), you (“You”) acknowledge that You have read, understood and assent to both these Terms of Use and the Zoomforth Privacy Policy, which is specifically incorporated into these Terms of Use. These Terms of Use apply to any and all users of the Services.

These Terms of Use constitute a binding agreement between You and Zoomforth, Inc. and its parents, subsidiaries, affiliates, successors, and assigns (collectively “Zoomforth “) governing Your use of the Website and of the Services. You are authorized only to use the Website and the Services if You agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully.

If You do not agree to these Terms of Use, please do not use Zoomforth.

Website Access

Our Services include software as a service for interactive web page creation platforms and design, customization, tracking, analytical and optimization applications and tools which automate various business processes and are intended for enterprise business customers and not for individuals. The Services are provided to those business customers who subscribe to such Services pursuant to a Master Services Agreement, Subscription Agreement or another contract (collectively, “Service Agreement”) with Zoomforth. You must be authorized by the company who entered into a Service Agreement with Zoomforth to use the Services and to have access to the private portions of the Website or the web pages built by Zoomforth’s business customers using the Services and contained on the Website or hosted by Zoomforth. The term “Website” as used in these Terms of Use shall include all such web pages.

Subject to the terms and conditions of the applicable Service Agreement, Zoomforth hereby grants You permission to access the applicable portions of the Website in connection with the Services provided to the legal entity with which you are affiliated as an employee, independent contractor, agent or other authorized user solely as set forth in these Terms of Use, provided that:

(i) Your use of the Website as permitted is solely for Your internal, personal, or company’s use and not on behalf of, or for the benefit of any third party; (ii) You will not copy or distribute any part of the Services in any medium without Zoomforth’s prior written authorization; and (iii) You will otherwise comply with all terms and conditions of these Terms of Use. You will only use the Website in a manner that complies with all laws that apply to You.

In order to access some features of the Services, You will have to create an account and be authorized by your employer or client for such access. You are not allowed to use another user’s account without permission. When creating Your account, You must provide true, current, accurate and complete information about yourself and your employer or customer. If Zoomforth suspects that Your registration information is not true, complete, current, or accurate, or that You have otherwise violated these Terms of Use, Your account may be subject to suspension or termination, and You may be barred from using the Zoomforth Services. By registering with Zoomforth, You represent that You are an individual of legal age to form a binding contract and are not a person barred by any laws from using the Zoomforth Services.

When you are registering on Zoomforth for a company or a legal entity, You are agreeing to the Terms of Use on behalf of such entity and You represent they are authorized to agree to these Terms of Use on such entity’s behalf and bind the entity to these Terms of Use.

You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You may change Your password at any time. You agree to immediately notify Zoomforth if You suspect or know of any unauthorized use of Your password or account or any other breach of security. Zoomforth cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 2. You acknowledge and agree that Zoomforth may preserve user information and may also disclose user information, if required to do so by law or if Zoomforth believes, in good faith, that such preservation or disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Zoomforth, its users, or the public.

Zoomforth also reserves the right to suspend or terminate a user’s access to the Services at any time in its sole discretion and without prior notice.

You agree not to use or launch any automated system or technological devices or programs that access the Services in a manner that sends more request messages to the Zoomforth servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You further agree not to access, monitor or copy any content or information of this Services using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, Zoomforth grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Zoomforth reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation individual names, account names, email addresses, or other user-identifying information from the Services, nor use the communication systems provided by the Services for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Services.

Third Party Websites

The Website may contain links to third party websites that are not owned or controlled by Zoomforth. Zoomforth has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any third party website. You acknowledge and agree that Zoomforth is not responsible for the content on the Internet or on webpages that are contained outside the Services.

Intellectual Property Rights

The content on the Website (the “Content”) including without limitation, all text, graphics, images, photos, computer code, software, scripts, multimedia files, interactive features trademarks, service marks and logos, other than User Submissions (as defined below), is owned by or licensed to Zoomforth, and is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Content on the Website is provided to You “as-is” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Zoomforth or as expressly provided herein or in the applicable Service Agreement. Zoomforth reserves all rights not expressly granted in and to the Services and the Content contained therein.

You agree not to engage in the use, copying, or distribution of any of the Content (other than Your User Submissions, as defined below) for any commercial purposes. You understand that Zoomforth owns the Services and You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided herein), create derivative works based on, or otherwise exploit any aspect of the Services. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or the Content.

User Submissions

The interactive nature of the Services and of the web pages built with the use of the Services as well as postings on the Website and such web pages makes it impossible for Zoomforth to assume responsibility for any of the information, material, or content posted by users of the Services and the Website. The ideas, suggestions, opinions, comments, and observations made by Zoomforth users, and any text, data, photographs, video, music, sound, chat, messages, designs, files or other material or content provided to Zoomforth by users or their employers or clients (all of which are referred to as “User Submissions”) are not endorsed by Zoomforth, and Zoomforth makes no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission.

All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not Zoomforth.

You shall be solely responsible for Your own User Submission and the consequences of posting or publishing them. You and/or your employer, client or the legal entity on behalf of which you created an account with Zoomforth retain all of Your ownership rights in Your User Submissions.

However, although You will retain any ownership rights that you may have to your own content, by submitting or providing any User Submission to the Website (to the extent these have not been assigned to your employer or client), You hereby grant Zoomforth a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers and including any moral rights or other necessary rights), and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, perform, archive, modify, translate the User Submission in whole or in part in connection with the Services and Zoomforth’s business, including without limitation for promoting, displaying, and redistributing part or all of the Services (and derivative works thereof) in any media now known or hereafter developed. We do not monitor or control what others do with your User Submissions.

Without this license, Zoomforth would not be able to make Your User Submissions available through the Website. Notwithstanding the foregoing, Zoomforth’s use of User Submissions will be consistent with its Privacy Policy, and if You or the legal entity which authorized Your use of the Website subscribe to or license Zoomforth’s products and services, including the Services, Zoomforth’s use of your User Submissions also will be governed by the Service Agreement between Zoomforth and You. You represent and warrant that you have all legal, moral and other rights that may be necessary to grant to Zoomforth the license described in the preceding paragraph. You agree that You will not make any claims against Zoomforth based on any allegations that any activities or alleged omissions within the Website, whether or not by or condoned by us, infringe any intellectual property rights associated with Your User Submission. You acknowledge and agree that Zoomforth has the right (but not obligation), in its sole discretion, to refuse to publish or to remove or block access to any content or User Submission You submit or provide to the Website at any time and for any reason, with or without notice.

If You choose to post a User Submission on Zoomforth, Zoomforth requires that You adhere to generally accepted rules of etiquette and standards of behavior, including the rules of conduct set forth below in Section 6, and that Your use of Zoomforth reflects Your respect for the legal rights of users connected with Zoomforth. You understand that Zoomforth does not guarantee any confidentiality with respect to any User Submission.

You have no obligation to provide Zoomforth with ideas, suggestions or proposals (“Feedback”). However, if you submit Feedback to Zoomforth, Zoomforth may use it for any purpose without compensation to You and have no obligation to keep your Feedback confidential.

Zoomforth expressly disclaims any and all liability in connection with User Submissions. Zoomforth reserves the right to remove content and User Submissions in its sole discretion and without prior notice.

Rules of Conduct

The following rules of conduct apply to Your use of the Services and the Website and to all User Submissions, whether the User Submission is a story or is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website or the Services.

You may not, in connection with the Services:

  • Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
  • Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
  • Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  • Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation, or otherwise engage in commercial activities within Zoomforth;
  • Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
  • Impersonate any person or entity (brand, company, product), or otherwise misrepresent Your affiliation with a person or entity;
  • Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation, including any applicable export control laws;
  • Provide false or deceptive information;
  • Solicit personal information from anyone under 18;
  • Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Delete, add or otherwise change other people’s User Submissions; unless You have been approved by them to do so as a co-maker, partner or authorized employee, representative or contractor.
  • Jeopardize the security of Your account or anyone else’s;
  • Violate the security of any computer network or attempts, in any manner to obtain the password, account, or other security information from any other user; or
  • Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

Restrictions on Content

Zoomforth reserves the right but does not have the obligation to remove User Submissions in its sole discretion and without prior notice. Zoomforth reserves the right at all times, but with no obligation, to remove or refuse to distribute any User Submissions, to suspend or terminate users, and to reclaim usernames without liability to You.

Zoomforth reserves the right to create limits on the use of the Website, including limitation on file size and storage space, consistent with the applicable Service Agreement. Zoomforth may require You to delete Your User Submissions until You are within certain storage space limits.

You acknowledge that Zoomforth may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days that User Submissions, messages, message postings or other uploaded content will be retained by the Website, the maximum number of User Submissions or messages that may be sent from or received by an account on the Website, the maximum size of any User Submission or message that may be sent from or received by an account on the Website, the maximum disk space that will be allotted on Zoomforth’s servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the Website in a given period of time. You agree that Zoomforth has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Submissions maintained or transmitted by the Website. You further acknowledge that Zoomforth reserves the right to modify these general practices and limits from time to time.

Zoomforth respects the intellectual property of others, and Zoomforth requires users of the Services to do the same. Thus, in Your use of and interactions with Zoomforth and the Services, You may not post, upload, display, submit, modify, distribute, or reproduce in any way any User Submission that is or contains copyrighted material belonging to others, without obtaining their prior written consent. Zoomforth reserves the right, in its discretion, to remove any User Submission if it believes that it may infringe the copyright of any third party, and/or to terminate the accounts of users believed to be infringers.

DMCA Takedown Notification. If You are a copyright owner or an agent thereof and believe that any material on Zoomforth infringes Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Zoomforth’s Designated Agent with the following information in writing:

  • A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • Identification of the copyrighted work (or works) claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Zoomforth to locate the material (i.e., providing URLs in the content of an email is the best way to help us locate content quickly).
  • Information reasonably sufficient to permit Zoomforth to contact You, including Your address, telephone number, and e-mail address at which You 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 You, or Your agent, or the law;
  • A statement made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.

See 17 U.S.C 512(c)(3) for further information. If Zoomforth receives such a claim, Zoomforth reserves the right to refuse, disable, or delete User Submissions and Content as described under these Terms of Use and to terminate a user’s account. Our Designated Agent to receive notification of claimed infringement under the DMCA is:

DMCA Complaint
Zoomforth Inc.
2973 16th Street, Suite 200
San Francisco, CA 94110
copyright@zoomforth.com

You acknowledge that if You fail to comply with all of the requirements above Your DMCA notice may not be valid and not be acknowledged by Zoomforth.

Zoomforth will process and investigate valid notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Zoomforth will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that Zoomforth has removed or disabled access to such material.

Counter-Notice. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the User Submission, You may send a counter-notice to Zoomforth’s Designated Agent, which must contain the following information in writing:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • Your name, address, and telephone number; and A statement that You consent to the jurisdiction of federal district court in the judicial district in which Your address is located, or if Your address is outside of the United States, for any judicial district in which You may be found and that You will accept service of process from the person who provided the initial notification of alleged infringement.

Modifications to the Website

Zoomforth reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) and/or the Website with or without notice. Zoomforth shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services or the Website.

Termination

Zoomforth may, under certain circumstances and without prior notice, immediately disable or terminate Your Zoomforth account, access to the Website, the Services or any other Zoomforth services. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the Terms of Use or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by You (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) engagement by You in fraudulent or illegal activities; and/or (viii) nonpayment of any fees owed by You or the legal entity with which you are affiliated in connection with the Services or any other Zoomforth product or service.

Termination of Your Zoomforth account includes: (i) removal of access to all pages within the Services; (ii) deletion of Your password and all related information, files and materials, including User Submissions associated with or inside Your account (or any part thereof); and (iii) barring of further use of the Services. Further, You agree that all terminations for cause shall be made in Zoomforth’s sole discretion and that Zoomforth shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Services.

Warranty Disclaimer

You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, zoomforth, and any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of zoomforth, disclaim all warranties, express or implied, in connection with the website and your use thereof. Zoomforth makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content, user submission or other material or for any loss or damage of any kind incurred as a result of the use of any content, user submission, or other material posted, emailed, transmitted, or otherwise made available via the website. Zoomforth does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and zoomforth will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from zoomforth shall create any warranty not expressly stated in the terms of use. As with the purchase of a product or service through any medium or in any environment, use your best judgment and exercise caution where appropriate.

Unauthorized Access

The website is not absolutely protected against unauthorized third parties. You acknowledge that any information provided through the internet may be potentially accessed by unauthorized third parties. Although zoomforth will make reasonable efforts to protect the privacy of users of the website, no guarantee can be made that unauthorized third parties will not access the content or information contained on the website. You acknowledge that zoomforth is not responsible for notifying you that unauthorized third parties have gained such access or that any data has been otherwise compromised during transmission across computer networks or telecommunications facilities, including, but not limited to, the internet.

Limitation of Liability

In no event shall zoomforth, or any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of zoomforth, be liable to you for (a) any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, or (b) any amount, in the aggregate, in excess of the greater of (I) $100 or (ii) the amounts paid by you to zoomforth in connection with the website in the twelve (12) month period preceding the applicable claim, or (c) any matter beyond zoomforth’s reasonable control. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that zoomforth shall not be liable for user submissions or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Services are controlled and offered by Zoomforth from its facilities in the United States of America. Zoomforth makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

To the fullest extent allowed by applicable law, You agree to defend, indemnify and hold harmless Zoomforth, and any parent, subsidiary, affiliate, successor, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Zoomforth, from and against any and all alleged claims, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any alleged claim, claim, or cause of action that one (or more) of Your User Submissions caused, is causing, or will cause damage to a third party, as a result of infringement or otherwise. This defense and indemnification obligation will survive these Terms of Use and Your use of the Website.

Damages and Remedies

You understand and agree that if it becomes necessary for us to pursue legal action to enforce these Terms of Use, You will be liable to pay to us Zoomforth’s actual damages and legal fees and other expenses incurred in such action. Notwithstanding this or any other provision of these Terms of Use, Zoomforth retains the right to seek the remedy of specific performance of any term contained in these Terms of Use or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted to us in these Terms of Use.

Ability to Accept Terms of Use

You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully and legally able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Zoomforth is not intended for children under 13. If You are under 13 years of age, then please do not use the Website.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by Zoomforth without restriction.

Ownership of the Website

The Website and the Content are owned by Zoomforth, Inc. No portion of the Website or the Content may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose, other than as provided in the applicable Service Agreement, without the prior written permission of Zoomforth. Notwithstanding the aforementioned, User Submissions are the property of the applicable users or their employer or clients.

All of the Zoomforth trademarks, including but not limited to Zoomforth and Zoomforth.com, are owned by Zoomforth, Inc. and may not be used for any purpose without the prior written permission of Zoomforth.

General

In the event any provision contained in these Terms of Use is determined to be invalid, illegal or otherwise unenforceable in any respect for any reason, the validity, legality and enforceability of the provision in every other respect and the remaining provisions of these Terms of Use will not be in any way impaired and shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Zoomforth’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

We can change these Terms of Use at any time. If the changes are material, Zoomforth will let You know by posting a notice on the Website before the changes go into effect. The notice will designate a reasonable amount of time (the “Notice Period”) after which the new terms will go into effect for all users. If You do not agree to the new terms, please delete your account within the Notice Period. If You do not delete your account within the Notice Period, your content, User Submissions and use of the Website will be subject to the new terms going forward.

These Terms of Use constitute an agreement that shall be governed by and construed in accordance with laws of the State of California without regard to its conflict of law provisions and without regard to the actual state or county of incorporation or residence of either party. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco, CA in connection with any action arising under this Agreement. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with Your activity in connection with the Website and the Services, provided that Zoomforth may, in its sole discretion, do any of the foregoing on Your behalf or for itself as it sees fit. The failure of either You or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Use shall otherwise remain in full force and effect and enforceable. You and Zoomforth agree that these Terms of Use are the complete and exclusive statement of the mutual understanding between You and Zoomforth, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use. You hereby acknowledge and agree that You are not an employee, agent, partner, or joint venture of Zoomforth, and You do not have any authority of any kind to bind Zoomforth in any respect whatsoever. You and Zoomforth agree there are no third party beneficiaries intended under these Terms of Use.

Violations of these Terms of Use

Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to info@zoomforth.com. Please state the reasons for Your concern and provide a link to the User Submission, other material or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Zoomforth in its sole discretion may investigate the matter and take such action as Zoomforth determines to be appropriate.

Zoomforth’s Terms of Use were last revised August 08, 2018.

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