Exzeo.com - User Contract

Last Modified: April 11, 2013

Legally Binding Contract

Thank you for using Exzeo^sm, owned and operated by Exzeo USA, Inc. This is a legally binding contract governing access to and use of Exzeo.com and the related websites, software and services. In this contract, “we,” “us” or “our” refer to Exzeo USA, Inc. and “Exzeo Services” means collectively Exzeo.com and the related websites, software and services. By accessing or using the Exzeo Services you agree to be bound by the terms of this contract and to fulfill your responsibilities as described in this contract. Moreover, if you access or use the Exzeo Services on behalf of an organization, then you agree to this contract for that organization and promise that you have the authority to bind that organization to this contract. In that case, “you” and “your” also refer to that organization. You may use the Exzeo Services only if you have the power and authority to enter into this contract with us and are not prohibited from doing so by any applicable laws. You or the person acting on your behalf (if you are an organization) must be a human, 18 years of age or older. Access and use of the Exzeo Services by robots, spiders or other automated means is prohibited. If you don’t agree to the terms of this contract or meet the qualifications set forth above, then you must not access or use the Exzeo Services.

Your Content and Other User’s Content

In using the Exzeo Services, you may entrust us with a variety of data, including documents, databases, videos, photographs and other files that make up your content.

Maintaining the security and integrity of your data is important to us. We will adhere to highest levels of commercially reasonable standards to prevent unauthorized access to, and loss or corruption of, your data. We will not share your data with anyone except as explained in our Privacy Policy. You consent to the collection, transfer, processing, storage, disclosure and other uses of your data and the other information we gather as described in our Privacy Policy. When you give your data, or access to your data, to other Exzeo Services users we cannot and will not prohibit them from disclosing that data. By giving your data or access to your data to other Exzeo Services users, you give your consent to us to permit and process such disclosure.

We claim no ownership of your content by way of this contract. This contract does not grant to us any rights to your content except limited rights we deem important to operating the Exzeo Services. You grant to us the permission to perform various functions involving your content that you may from time to time ask us to perform within the Exzeo Services, such as sharing your content with others. This permission extends to any third parties we use to assist us in providing the Exzeo Services.

The substance and subject matter of your content is your responsibility. We have no obligation to monitor your content or any other user’s content, although we may review your content anytime to enforce our Unacceptable Use Guidelines or for any other reason. We are not responsible for the accuracy, completeness, appropriateness or legality of your content or any content you might find using the Exzeo Services.

The Exzeo Services may contain links to third-party websites or resources. We do not endorse and will not be responsible or liable for their availability or accuracy, or for any related content, products, or services. You are solely responsible for your use of any such websites or resources.

Any violation of this contract may result in removal of your content from the Exzeo Services. We don’t even need a reason. We may remove any of your content from the Exzeo Services at our discretion anytime without notice to you.

Termination of Access and Use

If you violate the terms of this contract, we may terminate, suspend or modify your access and use of the Exzeo Services any time without notice. We don’t even need a reason. We may terminate, suspend or modify your access and use of the Exzeo Services anytime without notice for any reason or for no reason.

Changes to this Contract

We may change the terms of this contract anytime by posting the most current version of this contract at Exzeo.com. By accessing or using the Exzeo Services after we post the revised version, you agree to be bound by the terms of revised contract. If you do not agree to the revised terms, then you must stop accessing or using the Exzeo Services.

Changes to the Exzeo Services

We may change, suspend or terminate the Exzeo Services anytime without notice. If we change the Exzeo Services in anyway, this contract will apply to those changes as well, including any enhancements, improvements and additional features.

Your Conduct and the Conduct of Others

You are solely responsible for your conduct and your communications with others while using the Exzeo Services, just as other users are solely responsible for their conduct and their communications. We are not responsible for your conduct or communications or the conduct and communication of others using the Exzeo Services. Be careful with your content and with whom you share it. When you share your content or make it public, other users might use, copy, modify or share your content without your permission and we will not be responsible for that.

Software and Updates

Some Exzeo Services may require you to download software. We grant to you a limited, nonexclusive, nontransferable, revocable license to use that software, solely for you to access and use the Exzeo Services. Your license to use the software is automatically and immediately revoked if you violate any of the terms of this contract. We hereby reserve all rights not expressly granted in this contract. The Exzeo Services may update the software on your device automatically when a new version is available.

Your Responsibilities

Be nice to us and other Exzeo Services users.
Provide us with accurate contact and other account related information and update your information promptly when changes occur.
Safeguard your password. Do not disclose it to anyone else. You will be responsible for any activity using your account whether or not you authorized the activity. Promptly notify us of any unauthorized use of your account.
Be sure you have the necessary rights and permissions to your content and any content you use. The content of other users may be protected by copyright, trademark and other intellectual property rights. Do not copy, upload, download, share, alter or use other Exzeo Services user’s content unless you have the right or permission to do so.
Fulfill your obligations of confidentiality when data or access to data is given to you through the Exzeo Services under obligations of confidentiality.
Do not use the Exzeo Services in an unacceptable manner as described in our Unacceptable Use Policy.
Do not upload spyware or any malicious software to the Exzeo Services.
Do not reverse engineer or decompile any software downloaded from the Exzeo Services, attempt to do so, or assist anyone else to do so.
Do not copy or use any of our trademarks, service marks, trade names, logos, domain names or brand features. Nothing in this contract grants to you any rights in or to such items.
Do not copy scripts, graphics or interactive features of the Exzeo Services.
Do not access or search the Exzeo Services by any means other than our publicly supported interfaces (“scraping,” for example).

Unacceptable Use Policy

You may use the Exzeo Services for your personal and business use. Certain uses of the Exzeo Services, however, are unacceptable. Do not use or attempt to use the Exzeo Services to perform any of the following acts:

probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
access or use Exzeo Services to which you are not entitled or invited;
hack, or tamper with our computer systems or the computer systems of anyone else;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Exzeo Services;
plant or distribute malware;
send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
promote or advertise products or services other than your own without appropriate authorization;
impersonate or misrepresent your affiliation with any person or entity;
publish or share materials that violate the privacy of others; that advocate racial, ethnic or religious hatred, or that are pornographic, obscene, indecent, vulgar, profane, defamatory, abusive, harassing, threatening, malicious, fraudulent or misleading; or
violate the law in any way.

No Rights to Exzeo Services, Content or Software

Except as specifically stated, this contract grants to you no right, title, or interest in the Exzeo Services, any content within the Exzeo Services or any software you may download from the Exzeo Services.

If you provide written notice of claimed copyright infringement to us in accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. Our designated agent for notices of claimed copyright infringement on the Exzeo Services is:

We have provided a process for providing notices of claimed copyright infringement at DMCA Process.

Important Notices, Disclaimers and Limitations

While we think every word of this contract is important (otherwise we would have left them out), we have printed some really important notices in ALL CAPITAL LETTERS to be sure you see them. Some states do not allow disclaimers or limitations of liability like those appearing below, so those disclaimers and limitations might not apply to you or your circumstances.

Exzeo Services Provided “AS-IS”

THE EXZEO SERVICES ARE PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We will have no responsibility for any harm to your computer system, loss or corruption of your data or other harm that may result from your access to or use of the Exzeo Services.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS OR OUR AFFILIATED ENTITIES BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (II) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE EXZEO SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST THREE MONTHS OF THE EXZEO SERVICES FROM WHICH THE LIABILITIES ARISE.

Miscellaneous Legal Provisions

THIS CONTRACT AND THE USE OF THE EXZEO SERVICES WILL BE GOVERNED BY FLORIDA LAW WITHOUT REGARD TO FLORIDA’S CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE EXZEO SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL COURTS IN AND FOR THE MIDDLE DISTRICT OF FLORIDA OR THE STATE COURTS IN AND FOR HILLSBOROUGH COUNTY, FLORIDA, AND YOU AND WE BOTH CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. This contract contains the entire and exclusive understanding between you and us with respect to the Exzeo Services, and supersedes and replaces any other oral or written contracts, agreements, terms and conditions applicable to the Exzeo Services. Except for the provisions dealing permissions to third parties and limitations of liability, the terms of this contract are solely for the benefit of you and us and not any third party. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable the remaining provisions of this contract will remain in full effect and an enforceable provision will be substituted reflecting our intent as closely as possible. You may not assign this contract or any of your rights or responsibilities in this contract to anyone, and any such attempt is void. We may assign this contract and any rights under this contract to any of our subsidiaries or affiliated entities, or to any successor in interest of any business or portion of a business associated with the Exzeo Services. This contract does not make you and us legal partners or agents. You and we are independent contractors. This contract will be interpreted in accordance with rules of plain English and without use of the silly rule of construction expressed in Latin “expressio unius est exclusio alterius” (the express mention of one thing excludes all others).