ZIFTEN WEBSITE TERMS OF SERVICE Ziften Technologies, Inc. EFFECTIVE DATE: August 4, 2015

  ATTENTION – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“you” or “your”) AND ZIFTEN TECHNOLOGIES, INC. (INCLUDING ITS AFFILIATES) (“Ziften”). IT IS IMPORTANT THAT YOU READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS ZIFTEN WEBSITE TERMS OF SERVICE AGREEMENT (these “Terms” or this “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WWW.ZIFTEN.COM WEBSITE AND ALL OTHER ZIFTEN WEBSITES, AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH ZIFTEN WEBSITES OR USED IN CONNECTION THEREWITH (collectively, the “Ziften Website”). ZIFTEN IS WILLING TO LICENSE AND ALLOW THE USE OF THIS ZIFTEN WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE ZIFTEN WEBSITE AND ARE INSTRUCTED TO CEASE ALL ACCESS TO AND USE OF THE ZIFTEN WEBSITE IMMEDIATELY. Terms and Conditions
  1. LICENSE. Subject to your continued compliance with these Terms, Ziften grants you a personal, revocable, limited (as set forth in these Terms), non-exclusive, royalty-free, non-transferable license to use for personal purposes the Ziften Website and any programs, services, tools, materials, or information made available through or from the Ziften Website. You may access and use the Ziften Website (a) on a single computer and (b) from the Internet or through an on-line network. You may also load information from the Ziften Website into your computer’s temporary memory (RAM) and print and download materials and information from the Ziften Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.
  1. RESTRICTIONS AND CONDITIONS OF USE. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Ziften through the Ziften Website in any manner not expressly permitted by this TOS. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in the Ziften Website, nor otherwise use the Ziften Website in any manner not expressly permitted by this TOS. You may not (a) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Ziften Website or in any way reproduce or circumvent the navigational structure or presentation of the Ziften Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Ziften Website, (b) attempt to gain unauthorized access to any portion or feature of the Ziften Website, including, without limitation, the accounts of Ziften Website visitors or users (“Users”), or any other systems or networks connected to the Ziften Website or to any Ziften server or to any of the services offered on or through the Ziften Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (c) probe, scan, or test the vulnerability of the Ziften Website or any network connected to the Ziften Website, nor breach the security or authentication measures on the Ziften Website or any network connected to the Ziften Website, (d) reverse look-up, trace, or seek to trace any information on any other User, (e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Ziften Website or Ziften’s systems or networks or any systems or networks connected to the Ziften Website, (f) use any device, software, or routine to interfere with the proper working of the Ziften Website or any transaction conducted on the Ziften Website, or with any other person’s use of the Ziften Website, (g) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Ziften on or through the Ziften Website, (h) use the Ziften Website to harvest or collect e-mail addresses or other contact information; (i) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Ziften Website (or any part thereof) without the express, separate, and prior written consent of Ziften, or (j) use the Ziften Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Ziften or its reputation. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Ziften Website (or access thereto) without complying with such laws, orders, restrictions, or regulations.
  1. PROPRIETARY RIGHTS OF ZIFTEN. You have only a limited license to access and use the Ziften Website under this TOS, and you expressly acknowledge and agree that Ziften transfers no ownership or intellectual property interest or title in and to the Ziften Website or any other Ziften property to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Ziften Website, unless otherwise indicated, are owned, controlled, and licensed by Ziften and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Ziften does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Ziften Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Ziften enforces its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Ziften’s trademarks. This Ziften Website is Copyright © 2015 Ziften Technologies, Inc. and/or its licensors. All rights reserved. Ziften™, the Ziften logo, and all other names, logos, and icons identifying Ziften and its programs, products, and services are proprietary trademarks of Ziften, and any use of such marks, including, without limitation, as domain names, without the express written permission of Ziften is strictly prohibited. Other service and entity names appearing on the Ziften Website may be the protected marks of their respective owners.
  1. PRIVACY STATEMENT. Access or use of the Ziften Website may involve the collection, use, analysis, and/or dissemination of various information about you and your use of the Ziften Website. You understand, acknowledge, and agree that your access or use of the Ziften Website constitute consent to Ziften’s collection and use of information regarding you and your use of the Ziften Website, including without limitation, personal identifying information, in accordance with the terms of the Ziften Privacy Statement, which is available on the Ziften Website or upon request to Ziften. The Ziften Privacy Statement applies solely to Ziften’s use of User information, and Ziften disclaims all liability in connection with any use by third-parties of any information that you upload to parts of the Ziften Website that can be viewed by other Users.
  1. THIRD-PARTY SITES, PRODUCTS, AND SERVICES. The Ziften Website may display or link to advertisements, materials, programs, products, and services of third parties. These sites have not necessarily been reviewed by Ziften and are maintained by third parties over which Ziften exercises no control. Ziften does not make any representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of any third-party materials, programs, products, or services displayed on, or accessible by, the Ziften Website. You agree that Ziften shall not be responsible for any loss or damage of any sort incurred as a result of any dealings you may have with third parties in connection with the Ziften Website.
  1. FEEDBACK. By submitting to the Ziften Website any suggestions, comments, requests, or other information (“Feedback”) related to Ziften products, services, or the Ziften Website: (a) you agree that Ziften is not subject to any confidentiality restrictions in the Feedback; (b) you represent and warrant that such Feedback is not confidential or proprietary information of you or any third party, that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights), and that you have all rights necessary to convey to Ziften and enable Ziften to use such Feedback as described herein; (c) you hereby assign and agree to assign to Ziften, without additional approval or compensation of any kind, all worldwide rights, title and interests in all copyright and other intellectual property rights in the Feedback; (d) to the extent that the foregoing assignment is found to be ineffective under applicable law, you hereby grant to Ziften a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Ziften to adopt, publish, reproduce, commercialize, license (including the right to redistribute or sublicense through multiple tiers), disseminate, transmit, distribute, copy, use, combine, create derivative works, and display (in whole or in part) worldwide, reduce to practice, use, improve upon any ideas or inventions described therein, or otherwise act on, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Feedback, and you hereby waive any claim to the contrary.
  1. FEATURES; ADDITIONAL TERMS AND CONDITIONS. THE ACCESS TO OR USE, PURCHASE, OR RECEIPT OF CERTAIN ACCOUNTS, MEMBERSHIP, PRODUCTS, SERVICES, PROGRAMS, CONFERENCES, TRAINING, SEMINARS, MATERIALS, AND/OR TO OTHER SPECIFIC PORTIONS OR FEATURES OF THE ZIFTEN WEBSITE (COLLECTIVELY, “Features”), MAY BE SUBJECT TO ADDITIONAL NOTICES, TERMS, AND CONDITIONS, ALL OF WHICH ARE MADE A PART OF THIS TOS BY THIS REFERENCE. As a condition to accessing or using such Features, You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a Feature, the terms of the Feature shall control with respect to your use of that portion of the Ziften Website.
  1. DISCLAIMER. THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE ZIFTEN WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ZIFTEN IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU OR YOUR ACCOUNT THAT ARE AVAILABLE FROM OR THROUGH THE ZIFTEN WEBSITE. MOREOVER, ZIFTEN MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE ZIFTEN WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE ZIFTEN WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ALONE ASSUME THE FULL RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON OR THROUGH THE ZIFTEN WEBSITE. ZIFTEN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON OR THROUGH THE ZIFTEN WEBSITE FOR ANY PURPOSE. ZIFTEN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. ZIFTEN ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE ZIFTEN WEBSITE OR ANY WEBSITE LINKED THERETO WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM OR THROUGH THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
  1. LIMITATION OF LIABILITY. IN NO EVENT SHALL ZIFTEN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS OR USE OF THE ZIFTEN WEBSITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE ZIFTEN WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE ZIFTEN WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ZIFTEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF ZIFTEN FOR ANY REASON WHATSOEVER RELATED TO ACCESS OR USE OF THE ZIFTEN WEBSITE SHALL NOT EXCEED ONE-HUNDRED DOLLARS ($100.00 USD).
  1. INDEMNITY. You agree to defend, indemnify, and hold harmless Ziften and all of its respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.
  1. NOTICE OF SECURITY BREACH. You must promptly notify Ziften of any breach or potential breach of security with respect to any confidential or other personally identifiable information provided or made available to you by Ziften, any you shall assist Ziften as reasonably necessary to enforce Ziften’s rights and to enable Ziften to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
  1. DMCA NOTICE. Pursuant to the Digital Millennium Copyright Act (“DMCA”), Ziften maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below:
Mailing address: Ziften Technologies, Inc. 2700 Via Fortuna Drive Suite 410 Austin, Texas 78746 Attn. Ziften Designated Agent E-mail Address: contact@ziften.com Telephone: +1 512.298.5501 You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (a)description of the copyrighted work that is the subject of claimed infringement; (b) description of the infringing material and information sufficient to permit us to locate the alleged material; (c) contact information for you, including your address, telephone number and/or e-mail address; (d) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (e) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (f) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
  1. UNAUTHORIZED ACCESS OR USE. Actual or attempted unauthorized use of the Ziften Website may result in criminal and/or civil prosecution, including, without limitation, liability under the United States Computer Fraud and Abuse Act. Ziften reserves the right to take any appropriate actions in accordance with the Digital Millennium Copyright Act (DMCA), the USA PATRIOT Act, the United States copyright laws, or other applicable laws. Ziften reserves the right to view, monitor, and record activity on the Ziften Website without notice to or permission from you, including, without limitation, by archiving notices or communications sent by you through the Ziften Website. Ziften reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Ziften Website, or any portion of the Ziften Website, in order to protect the Ziften Website, Ziften, or other of Ziften’s interests.
  1. EFFECTIVITY AND REVISIONS. This TOS and your right to use the Ziften Website is effective at the moment you install, access, or use the Ziften Website. Ziften may amend this TOS from time to time by posting a revised TOS on the Ziften Website. Your continued access or use of the Ziften Website following any such revision constitutes your agreement to be bound by the revised TOS. Ziften reserves the right to terminate this TOS at any time and for any reason.
  1. MISCELLANEOUS. This TOS shall be construed and enforced solely in accordance with the laws of the United States of America and the State of Texas, U.S.A., as applied to agreements entered into and completely performed in the State of Texas. You submit to the exclusive jurisdiction of the state or federal courts seated in the State of Texas for any disputes in connection with this TOS. You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to Ziften for which monetary damages would be inadequate, and therefore agree that Ziften shall be entitled, in addition to other available remedies, to seek equitable relief from a court of competent jurisdiction. The Uniform Computer Information Transactions Act, or any state implementation thereof, shall not apply to this TOS and is hereby disclaimed. You access the Ziften Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Ziften Website. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable law or regulation, such determination shall not affect the remaining provisions (or portions thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. This TOS, together with any applicable additional terms and conditions as described in Section 10 (Features; Additional Terms and Conditions), represents the entire agreement between you and Ziften with respect to the subject matter of this TOS, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Ziften with respect to such subject matter. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Ziften if you wish to receive a printed copy of this TOS.