Terms of ServicE
Terms and Conditions
Acquisition, License and Use Restrictions. By using Sivo Application software and agreeing to these Terms of Service, you are granted a right and license to use Sivo Application and ZP Better Together Services subject to the Terms of Service; however, your right to use our Services is limited by the rights and interests retained by the Company and its licensors with respect to the proprietary intellectual property embedded in our Services, such as the proprietary software and firmware, copyrighted materials, the proprietary nature of which are protected by copyright, trademark, trade secret, and other intellectual property law. Your right to use the Services is strictly subject to your compliance with the Terms of Service.
No Sublicenses. You agree that the right and license to the ZP Better Together Services are granted to you only for your own (and family) personal or business use, and you agree not to rent, resell, sublicense, distribute, share, or assign and right to the Services (including without limitation ZP Better Together software (such as the Sivo Application) to any party, without the prior approval of ZP Better Together; if you allow use and access to your family members or others, you agree that such members shall be subject to the Terms and Conditions, and you shall be responsible for their knowledge and compliance thereof, and you shall be liable for any violations by family members, or others, thereof.
No De-compilation or Reverse Engineering or copying of Services/software. You agree not to attempt to decompile, modify, extract, disassemble, take apart, or otherwise reverse-engineer or tamper with the Services (including without limitation the software or any related ZP Better Together equipment that may be provided with Services), nor to engage in any unauthorized copying of the Services, software and/or related materials. You may physically transfer the software from one computer to another provided that you do not retain any copies of the software on the original computer. However, you may not copy, rent, lease, sell, sublicense, assign, loan, time-share or otherwise transfer or distribute copies of the Services, including without limitation the software, or provide multiple user access to the Services by means of any network. Nothing in the Terms and Conditions and/or your use of Services gives you any right, title, or interest to Services or any aspect thereof, including but not limited to, any software, intellectual property rights, trademarks, copyrights or patents. You are expressly prohibited from asserting or filing registrations and/or applications for ownership of intellectual property rights in the Services in any country, nation, or jurisdiction throughout the world.
You are responsible for obtaining your own Internet access, including maintaining all telephone, computer hardware and other equipment (including all necessary hardware, firmware and/or software) needed for access to and use of the Services, and all charges related thereto. Any telephone or other communications charges incurred by you to use the Services are your responsibility. ZP Better Together may contact you via text messaging if you have provided that information to ZP Better Together. Your telecommunications carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify any fees that may apply to you.
You agree that ZP Better Together shall not be responsible or liable for any claims or causes of action that arise from your use of the Services. Further, you agree to indemnify and hold the Company and its shareholders, officers, directors, employees, agents, and affiliated entities harmless for and from all costs, fees, expenses, and damages of any nature whatsoever related to any such claims or causes of action, including court and arbitration costs, attorneys’ fees, and the costs of other professionals, unless such claims are solely based on ZP Better Together’s willful intentional and gross misconduct. This provision of the Terms and Conditions will continue to apply after termination of your account with ZP Better Together and your use of the Services.
Limitations of Liability & Warranties
In no event shall the Company, its officers, directors, employees, shareholders, parent corporations, subsidiaries or affiliates, be liable in connection with your use of any of the Services for punitive, reliance, or special damages, or for indirect or consequential damages, including but not limited to personal injury, lost profits or revenue or increased costs of operation. These limitations apply even if the damages are foreseeable or we are told they are possible, and they apply to any negligence claim that does not involve willful or intentional misconduct no matter how that claim is styled or on what legal grounds (such as contract, tort, statute, misrepresentation) on which it is based. If we nevertheless are found liable for any damage to person or property, the Company will in no event be liable for more than the amount of direct damages to the person or property.
ZP Better Together makes no warranties or representations of any kind regarding the Services and disclaims any and all warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose or use, quiet enjoyment, performance, or infringement. ZP Better Together also makes no warranty that our Service will be uninterrupted or error free. ZP Better Together does not authorize anyone, including, but not limited to, ZP Better Together employees, agents or representatives, to make a warranty of any kind on the Company’s behalf and you should not rely on any such statement or warranty. If you receive free equipment as part of the Services for any reason, you are liable for all sales, use, excise or income taxes that might be incurred by or levied upon you with respect to any other benefits received.
Equipment & Customer Care. If you receive equipment in connection with the Services, the Terms and Conditions set forth the full representations, warranties, and limitations of liability applicable to your use of the equipment. For warranty support or product return assistance please refer to the Terms and Condition. For issues related to the Services please email at email@example.com or contact Sivo Support at 866-932-7891. Without limiting the generality of the foregoing, in the event of third-party claims of infringement regarding proprietary elements of the Services, the Company reserves the right, at its option to: (i) modify or replace the affected parts, so the Services becomes non-infringing, (ii) obtain for you the right to continue to use the Services or (iii) recall or terminate the Services and provide you with a pro rata refund of any amounts paid by you for the period of non-usage of the Services.
This Section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury or through a class action. You may continue to have certain rights to obtain relief from a federal or state regulatory agency.
Binding Arbitration. The arbitration process established by this Section is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1- 16. You have the right to take any dispute that qualifies to small claims court rather than arbitration subject to the venue provisions set forth below. All other disputes arising out of or related to the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. The arbitration will be conducted by one arbitrator using the procedures described by this Section of the Terms and Conditions. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect.
The arbitration of any dispute shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by the Terms and Conditions, which are in effect on the date a dispute is submitted to the AAA. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of the Terms and Conditions and may not limit, expand, or otherwise modify its terms.
Before you take a dispute to arbitration or to small claims court, you must first write to us at ZP Better Together – Sivo Support, 595 Menlo Drive, Rocklin, CA 95765 or at our email address, firstname.lastname@example.org, and give us an opportunity to resolve the dispute. Similarly, before the Company takes a dispute to arbitration, the Company will first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or the Company is notified by the other of a dispute, then either party may submit the arbitration to the AAA.
Any claim or dispute arising out of the Services must be brought within 90 days of the date the basis for the claim or dispute first arises.
Notwithstanding anything in the Terms and Conditions, all actions arising from or pertaining to the Terms and Conditions and all disputes between the parties shall be initiated, maintained, and resolved in Travis County, State of Texas, USA.
Acts Beyond Our Control. Neither you nor the Company will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, weather elements, strike, embargo, labor disputes, civil or military authority, war, terrorism, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control.
Assignment. The Company may assign all or part of our rights or duties under the Services and the Terms and Conditions without notifying you. If the Company does that, the Company will have no further obligations to you. You may not assign any rights to the Service or the Terms and Conditions without our prior written consent.
Entire Agreement. The Terms and Conditions supersede all prior agreements, understandings, statements or proposals, and representations, whether written, oral or using sign language, regarding the Services. No written or oral statement, advertisement, or service description not expressly contained in the Terms and Conditions may contradict, explain, or supplement it. ZP Better Together may change the Terms and Conditions from time to time. If the Company makes any changes to the prices, charges or terms and conditions, the Company will post them on its web page at www.purplevrs.com and www.zvrs.com
Export Restrictions. You acknowledge that the products provided you hereunder may be subject to the export control laws and regulations of the United States of America, and other countries. You agree that you will not export or re export the products, any part thereof, or any process or service that is the direct product of a product (collectively the “Restricted Components”) to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (1) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country or (2) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the Bureau of Industry and Security (BIS) nor any other U.S. federal agency has suspended, revoked or denied your export privileges.
Governing Law. To the extent permitted by law, the Terms and Conditions will be governed by the law of the State of Texas, USA, without regard to its choice of law, rules, and the arbitration provisions of the Terms and Conditions will be governed by the Federal Arbitration Act. The provisions of the Terms and Conditions are further subject to the rules, regulations and policies of the Federal Communications Commission and any other governmental agency having jurisdiction of the subject matter of the Terms and Conditions. The Terms and Conditions shall be interpreted to the extent practicable to be in conformance with any applicable agency rule, regulation or policy and not in conflict therewith.
Government End Users. The Services and any associated equipment and documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-l through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (1) only as Commercial Items and (2) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. ZP Better Together, LLC., 595 Menlo Drive, Rocklin, CA 95765, USA.