ZOLOZ Website Terms of Service
Last Updated March 14, 2018
ZOLOZ™ makes it simple to be known, trusted and safe in the digital world. We use biometrics to answer the question “Who are you?” We do this by transforming your face, eyes, voice, how you act, what you have, and what you know into a digital identity. We then protect, enhance and connect that digital identity to apps and online services asking “Who are you?” We do this through our Authentication, Authorization, and Identity Verification services (“Services”). The Services are provided by ZOLOZ, which refers to a family of companies worldwide doing business under the ZOLOZ brand.
Our Authentication Services validate that Personal Data provided by you or your device in a particular instance, on the one hand, matches Personal Data about you previously collected by ZOLOZ, on the other hand. We also use that Authentication to assist our customers and other third party digital services providers to authorize your use of their third party services whenever you sign in later (“Authorization”). We have a separate service that helps you verify your identity when you need to because of government regulations or industry requirements (“Identity Verification”). We do this by verifying that evidence you present to prove your name, date of birth, nationality, address and other facts that identify you – for example, a government-issued ID, driver’s license, or passport – is genuine, correct, and valid when compared with the official sources.
BY ACCESSING OR USING THE SITE IN ANY WAY, YOU AGREE TO AND ARE BOUND BY THIS AGREEMENT, AND IF YOU DO NOT ACCEPT ANY OF THE TERMS OF THIS AGREEMENT AND/OR YOU DO NOT MEET OR COMPLY WITH THEIR PROVISIONS, YOU MAY NOT USE THIS SITE.
IMPORTANT NOTICE: YOUR USE OF THE SITE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION I OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review Section I of this Agreement for more information.
A. ACCESS AND USE OF THE SITE
The Site and all related content, and any and all intellectual property rights in the foregoing (collectively, “ZOLOZ Content”), shall at all times remain the exclusive property of ZOLOZ or its third party licensors. On the condition that you comply with all your obligations under this Agreement, ZOLOZ grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Site for your internal purposes. You are not acquiring any rights in or to the ZOLOZ Content other than a non-exclusive right to access and use the Site solely in accordance with the term of this Agreement. Any use of the Site that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the Site.
B. SUBMITTED SUGGESTIONS
We welcome your comments regarding the Site and ZOLOZ Content. If you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us (“Suggestions”) in connection with or related to the Site or ZOLOZ Content, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable license, with the right to sublicense, to use and disclose such Suggestions in any manner and via any media ZOLOZ chooses, without reference to its source and without any other obligation.
C. USE OF THE SITE
- You agree to use the Site only for purposes that are permitted by (a) these Terms and (b) any applicable law or regulations.
- You agree not to access (or attempt to access) the Site by any means other than your browser or through the interface that is provided by us. You also agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site), or remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site.
- You may not reverse engineer, copy, reproduce, or create derivative works of all or any portion of the ZOLOZ Content. You also may not use any bot, spider, or other automatic or manual device or process, except as authorized by ZOLOZ, for the purpose of monitoring, harvesting, copying, or compiling information on the Site for any reason.
- You agree not to provide false, inaccurate or misleading information. The Site may only be used by you and you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to the Site, or defraud or violate any rights of ZOLOZ, our third party providers, other users, or any third parties, or engage in other unlawful activities.
- Your access to the Site is provided on a temporary basis with no guarantee for future availability. We reserve the right to modify or discontinue, temporarily or permanently, your access to the Site, or any portion of the Site
D. MODIFICATIONS TO THE TERMS
We reserve the right, at any time, to modify, alter, or update the Terms without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site after modifications are posted constitutes an acknowledgement and acceptance of the Terms and its modifications.
For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, ZOLOZ does not control or endorse such websites and is not responsible for their products, services or content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites.
F. NO WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND ZOLOZ, THIS SITE AND ALL ZOLOZ CONTENT AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF TITLE OR NON-INFRINGEMENT.
G. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ZOLOZ OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, STOCKHOLDERS, MEMBERS, EMPLOYEES, AGENTS, OR CONTRACTORS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ANY ZOLOZ CONTENT OR SERVICES RELATED TO THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ZOLOZ HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE OR ZOLOZ CONTENT OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR THE ZOLOZ CONTENT.
IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN THIS AGREEMENT SHALL BE DETERMINED BY AN ARBITRATOR TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SITE OR ZOLOZ CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify, and hold ZOLOZ and its affiliates, and their respective officers, directors, managers, stockholders, members, employees, agents, and contractors (collectively the “ZOLOZ Indemnitees”), harmless from and against any all claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) resulting from or alleged to result from your use of the Site or ZOLOZ Content or your violation of this Agreement.
I. GOVERNING LAW; ARBITRATION
This Agreement shall be governed by the laws of the State of Missouri and the United States, without regard to the conflict of laws principles that would result in the application of the laws of another jurisdiction. Any claim, controversy, or dispute arising out of or relating to this Agreement shall be settled by arbitration in Kansas City, Missouri administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) shall be final, binding and enforceable in any court of competent jurisdiction. All costs relating to the arbitration shall be borne equally by the Parties, other than their own attorneys’ fees.
J. MISCELLANEOUS TERMS
- This Agreement constitutes the entire agreement between you and ZOLOZ relating to your use of, and access to, the Site and ZOLOZ Content and supersedes any prior or contemporaneous agreements or representations.
- If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of this Agreement as possible. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.
- Descriptive headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of this Agreement. Although this Agreement may be translated into other languages, the English language version of this Agreement shall control in any dispute between the parties.
- No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express written consent and in our sole discretion. Nothing in this Agreement will confer upon any person, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
- You can provide any notices to us under this Agreement by e-mail or mail using the contact information provided in Section K. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing.
K. HOW TO CONTACT US
Questions, comments and requests regarding this Agreement are welcomed and should be addressed to email@example.com by email, or to the following addresses by mail:
ZOLOZ US Headquarters
c/o EYEVERIFY, INC.
1740 E. Main Street, Suite 100
Kansas City, Missouri, 64108, USA
Attn: CEO; General Counsel
ZOLOZ China Headquarters
1 Danling Street
International Finance Center, Floor 23
Zhongguancun, Haidian District
Beijing, China 100080
Attn: General Manager; General Counsel