Terms of Service
Welcome to the Zfend website or mobile properties and related applications (collectively this “Site”) which is owned and operated by BM Associates, Inc., a Michigan corporation (“Zfend”, “we” or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, this “Agreement”), govern your access to and use of Site, applications and services (collectively the “Service”). The term “you” refers to the individual visiting the site and/or contributing content on this Site.
Changes to this Agreement
We are constantly trying to improve our Services and therefore reserve the right to make changes to the Service and these Terms at any time, effective when posted on the Service. Your continued use of the Service after such notice will constitute acceptance by you of such changes. We recommend that you to review the Service and these Terms periodically for any updates or changes.
User’s Representations and Warranties
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
To use certain features of the Service, you may be required to create an account. In consideration of said account, you agree to: provide true, accurate, and current information about yourself when creating the account; maintain the confidentiality of your account and password and restrict access to your computer or mobile device; and accept responsibility for all activities that occur under your account or password.
You are solely and exclusively responsible for keeping any login credentials (such as a username and password) confidential and limiting access to the account, including, without limitation, any use by any unauthorized third-party, and are further responsible for changing login information (such as the password) to maintain continued confidentiality and limited access to your account. Zfend will not be responsible for any losses arising out of the unauthorized use of your username, password, and/or account and you agree to indemnify and hold harmless Zfend, its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, as applicable, for any improper, unauthorized, or illegal use of the same.
You may not use a false e-mail address, false phone number, false address, false name, impersonate any person or entity, or otherwise mislead as to your identity. If you provide any information that is inaccurate, Zfend reserves the right to suspend or terminate your account and refuse any and all future use of the Service by you. You further agree to immediately notify Zfend of any unauthorized use of your password or account or any other breach of security.
You further agree not to access the Service by fraudulent means or activities including but not limited to a spider, scraper, or robot (or “bot”).
Deactivating Your Account
Zfend is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Zfend has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Once we delete your account, we will not be able to re-activate it. If the account is deactivated by you, you will have to re-register it by downloading the app and following the instructions listed. Account termination, deletion, or deactivation may result in destruction of any and/or all Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s right, safety or security, or otherwise harmful to the rights or property of Zfend.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
We reserve the right to send you marketing and promotional emails. You may opt out of receiving marketing and promotional emails from the Service by following the instructions enclosed within those emails. If you opt out, we may still send you non-promotional emails, such as emails about your account with Zfend or our ongoing business relations. You may also send requests about contact preferences or changes to personal information, including requests to opt out of sharing personal information with third parties, to our contact information below.
Copyright Trademark Policies
Zfend’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Zfend or its affiliates or licensors. You must not use such marks without the prior written permission of Zfend. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act (“DMCA”) or other applicable law and to terminating the access of repeat infringers.
You will not use the Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.
Zfend respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Zfend’s copyright agent the written information specified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Zfend’s Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:
BM Associates, Inc.
Attn: Copyright Agent
9700 Village Center Dr,
Suite 50-E, Granite Bay,
It is Zfend’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law and to terminate the access of repeat infringers.
License and Service Access
Zfend grants you a limited, non-exclusive license to access and make personal use of the Service and not to reproduce or modify any portion of the Service, except with the express written consent of Zfend. This license does not permit any resale or commercial use of the Service or its contents; any collection and use of any product or business listings, descriptions, or prices; any derivative use of the Service or its contents, or; any downloading or copying of account information for the benefit of another merchant. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit the Service or any part thereof for any commercial purpose without the express written consent of Zfend. You are prohibited from framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Service without express written consent. You are prohibited from using any meta tags or any other “hidden text” utilizing the Service’s name or trademarks without the express written consent of Zfend. Any breach of the foregoing license terminates the license granted by Zfend. Hypertext linking to Zfend and the Service is permitted so long as the link does not portray Zfend, or its products and services in a false, misleading, derogatory, or otherwise offensive matter. Zfend reserves the right to disable any link to any website that we believe contains scandalous, offensive, obscene, scurrilous or inappropriate content or that, in the sole opinion of Zfend, adversely affects the goodwill of Zfend or any trademark or service mark of Zfend or its affiliates or content suppliers. You may not use any Zfend logo or other proprietary graphic or trademark as part of the link without the express written permission of Zfend.
Service Use and User Conduct
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Zfend);
- Violates any law or regulation, including any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Zfend account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
- Lists, sells, offers, or otherwise provides any replicas, counterfeit items, unauthorized items, stolen property, or any items listed in our Prohibited Items Policy;
- Access, use, or otherwise exploit the Services in violation of any applicable agreements, guidelines, regulations, or policies that Zfend makes available on the Services or otherwise in a manner deemed objectionable by Zfend in its sole discretion.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.
Your access and use of “Zfend Basic” is currently free. If you choose to upgrade your account to “Zfend Family,” “Zfend Pro” and/or “Zfend Enterprise”, you will be charged the listed price for service. All payments are processed by a third party payment processing service provider, and Zfend does not collect, store or retain your credit card or any other payment methods you provide to such third party payment processing service provider. If you provide inaccurate or incomplete credit card information, your transaction may not be able to be completed, and your purchase may be cancelled or delayed.
We reserve the right to charge for certain or all Services in the future. We will try to notify you before any Services you are then using begin carrying a fee, but it may not always be possible. Any such changes are effective when we post information about the fee change through the Service. If you wish to continue using such Services, you must pay all applicable fees for such Services.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
Zfend makes no representations or warranties of its services, third party hardware, or telecommunications networks utilized to provide the Zfend services. Zfend does not warrant that it services or information, content, or materials provided through the service are completely secure, uninterrupted or error free.
BY USE OF THE SERVICE, THE USER UNDERSTANDS THAT MOBILE MESSAGES (SMS) ARE NOT AVAILABLE ON ALL WIRELESS CARRIERS AND WIRELESS DEVICES. THE USER FURTHER UNDERSTANDS THAT THE Zfend SERVICES OPERATE OVER WIRELESS AND INTERNET SERVICES AND THAT THESE SERVICES ARE SUBJECT TO LIMITATIONS OF AVAILABILITY DUE TO FORCES BEYOND THE CONTROL OF ZFEND.
Limitation of Liability
THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
BECAUSE CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU.
The User agrees to indemnify, defend and hold harmless Zfend, its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses including reasonable attorneys' fees arising from: any violation of these Terms; the User's content, information and other materials that the User or anyone using the User's account post on the Service or transmit to other users; the User's use of information, content, materials and products (including software) made available by the Service, or; the User's violation of any rights of another.
Dispute Resolution and Governing Law
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause), legal suit, action or proceeding arising out of, or related to, this Agreement or the Site between you and Zfend and our employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. Claims shall be exclusively brought in the state or federal courts located in Sacramento County, California. Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.
All matters relating to the Site and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) except that the arbitration provision shall be governed by the Federal Arbitration Act.
Zfend reserves the right to make changes to the Service, policies and these Terms. If any part of these Terms is ruled to be invalid, void or for any reason unenforceable, then such part shall be deemed severable or limited to the minimum extent necessary. The remainder of these Terms shall remain and be in full force and effect.
Your Comments and Concerns
This Site is operated by BM Associates, Inc.
BM Associates, Inc.
9700 Village Center Dr,
Suite 50-E, Granite Bay,
By email: email@example.com
© Zfend, BM Associates Inc. 2019. All rights reserved.
Mar 19, 2019