Welcome to ziphq.com (the “Website”), the Website is owned and operated by ZipHQ, Inc. (“Zip,” “we,” “us,” or “our”). By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use as well as any policies, rules, or disclaimers posted on the Website (collectively, the “Terms of Use”). If you do not agree to these Terms of Use, please refrain from using the Website. We may periodically make changes to these Terms of Use. Please review the terms of Use regularly. Your continued use of the Website after such changes have been published to the Website shall constitute your acceptance of such revised Terms of Use.

License to Use Website

Subject to these Terms of User, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Website for your personal use. Except for this license granted to you, we retain all right, title and interest in and to the Website and all related intellectual property rights. We reserve the right to modify, discontinue, temporarily or permanently suspend, all or part of the Website without notice.  We will not be liable for you or to any third party for any modification, suspension, or discontinuance of the Website.  You must be 18 or older to use the Website. 

The Terms of Use shall not apply to the collection of information during your use of our software products and the provision of our service ("Solution"). Use of the Solution by our customers is governed by our Master Subscription Agreement.

Restrictions

Except to the extent expressly permitted in these Terms of Use or as may be permitted by applicable law, you will not: (a) reverse engineer, decompile, disassemble, modify, translate, or create derivative works of the Website; (b) rent, lease, or sublicense access to the Website; (c) circumvent or disable any security or technological features or measures of the Website; (d) misuse our Website by knowingly introducing viruses, trojans, worms, or other material that is malicious or technologically harmful; nor (e) reproduce, distribute,, or modify any content from the Website without our prior written consent. 

User Responsibilities 

To the extent that the Website allows you to post information on the Website, you are prohibited from:

• Posting or transmitting any content that is unlawful, harmful, defamatory, abusive, threatening, or otherwise objectionable. 
• Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity.

We do not control any content posted by third parties via the Website and, as such, do not guarantee the accuracy, integrity or quality of such content.  

Privacy Notice

We collect registration and other information about you through the Website. Our collection and use of this information is governed by Zip’s Privacy Notice (available at https://ziphq.com/zip-privacy-notice). Which is incorporated by reference into these Terms of Use. 

Links to Third-Party URLs

Our Website may include links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, policies, or practices of any third-party websites. Accessing these sites is at your own risk, and you should review their terms and policies. We are not responsible or liable, directly or indirectly, for any damages or loss caused to you by your use or reliance on such third party sites or services. 

Disclaimers

YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND THE INFORMATION PRESENTED ON WEBSITE IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. ZIP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE WEBSITE AND WEBSITE INFORMATION. ANY MATERIAL OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZIP OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

Zip, to the extent permitted by applicable law,  will not be liable for any: (a) loss of revenues or profits; (b) loss of or damage to business reputation; (c) loss of use or business interruption; (d) loss of wasted management time or staff time; or (e) indirect, incidental, special, punitive or consequential damages, whether in an action in contract or tort (including negligence), even if you has been advised of the possibility of such damages, resulting from your use of the Website. 

Under no circumstances will Zip’s total liability of all kinds arising out of or related to your use of the Website or website information, (whether for breach of contract, misrepresentations, negligence, strict liability, other torts or otherwise) exceed $100. 

Indemnity 

You will indemnity and hold Zip, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses (including attorney’s fees), and liability caused by your use of the Website, your violation of these Terms of Use, or your violation of any rights of a third party.

Legal Notices

These Terms of Use shall be governed by California Law, without regard to its conflict of laws provisions. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Website will lie in the state and federal courts in San Francisco, California. No failure or delay by Zip to exercise any right or remedy provided under this Terms of Use or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. If the whole or any part of a provision of these Terms of Use are held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will be unaffected. If you have any questions or concerns about these Terms of Use, please contact us at legal@ziphq.com or at:

ZipHQ, Inc. 
One Sansome Street, Suite 3000
San Francisco, CA 94104