Terms of Use

DISCLAIMER AND TERMS OF USE

 With respect to your access and use of the ZooWho mobile app and/or zoowho.com (the “App/App/Site”) ZooWho, Inc. (“ZOOWHO”) provides its services to you, subject to the following Terms of Use (“TOU”), which may be updated by ZOOWHO from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these terms and conditions.

In addition, when using the App/App/Site, you and ZOOWHO shall be subject to any posted guidelines or rules applicable to such App/App/Sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then these terms shall control.

You agree to be bound by these TOU, and indicate such agreement by any access or use of this App/App/Site. Your use of this App/App/Site demonstrates and manifests your assent to this Agreement. If you do not agree to this Agreement, do not access and use the App/App/Site.

COPYRIGHT NOTICE. Any reproduction or unauthorized use of these Materials, without express written permission of ZOOWHO, is prohibited.

PERMITTED USE. Subject to these TOU, ZOOWHO hereby grants you the right to access and use the App/App/Site solely for the following purposes: (i) if you are accessing the App/App/Site as an individual, then any and all use of the App/Site is for your personal, non-commercial use only; or (ii) if you are accessing the App/Site on behalf of a business entity, then any and all use of the App/Site must be for such business entity’s internal business purposes in connection with the establishment or continuation of a business relationship with ZOOWHO. You shall not (iii) send or otherwise post unauthorized commercial communications (such as spam) on the App/Site; (iv) collect content or information, or otherwise access the App/Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) or by bypassing the App/Site’s user interface without our permission; (v) upload viruses or other malicious code to the App/Site; (vi) do anything that could disable, overburden, or impair the proper working of the App/Site, such as a denial of service attack; or (vii) facilitate or encourage any violations of this Agreement. ZOOWHO retains all rights with respect to the App/Site except those expressly granted to you in this Agreement. Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the App/Site unless specifically authorized in writing by ZOOWHO to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the App/Site. Such framing is strictly prohibited under this Agreement. The content and software on the App/Site are the proprietary property of ZOOWHO and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws.

LINKS TO THIRD PARTY APP/SITES. The App/Site may contain links or produce search results that reference links to third party mobile apps and websites (“Linked Apps/Sites”). ZOOWHO has no control over these Linked App/Sites or the content within them. ZOOWHO cannot and does not guarantee, represent, or warrant that the content contained in the Linked Apps/Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. ZOOWHO does not endorse the content of any Linked Apps/Site, nor does it warrant that a Linked Apps/Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the App/Site to search for or link to another App/Site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against ZOOWHO for any damages or losses whatsoever resulting from such use.

NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the App/Site, you warrant to ZOOWHO that you will not use the App/Site for any purpose that is unlawful or prohibited by these TOU. You agree not to use the App/Site in any manner which could damage, disable, overburden, or impair the App/Site or interfere with any other party’s use and enjoyment of the App/Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App/Site.

PRIVACY AND DISCLOSURE OF INFORMATION. Your privacy is important to us. ZOOWHO is providing this notice to describe and explain our online information practices and the choices you can make about the way your information is collected and used.

THE INFORMATION WE COLLECT AND HOW WE COLLECT IT. In general, you can visit this App/Site without telling us who you are or revealing any personal information about yourself. There are times, however, when we may need information from you. Personal information like your name, postal address and e-mail address is obtained only when voluntarily submitted. ZOOWHO collects this information in several ways:

Through the user signing up to receive crime alerts, crime information, news, scheduling product demonstrations, entering contests an/or completing surveys.

Through registration, surveys and other online forms.

As part of an ongoing sales process.

While providing technical support, consultation, or product information.

Through the process of maintaining and upgrading our products.

Through automated means such as communications protocols, e-mail, communications and cookies.

To provide you with timely, high-quality information, we may also ask you to provide us with information regarding your professional interests and experiences with our products or services. Providing us with this information is optional. Personal data collected online may also be combined with information you provide to us through other sources such as product registration, call centers, or in conjunction with events such as trade shows, training seminars and conferences. Information that you supply will relate to the relationship that ZOOWHO has with you or your organization.

B.WEB SERVER LOGS. In the process of administering this App/Site, we maintain and track usage through Web server logs. Web server logs provide information such as what types of browsers are accessing our App/Site, what pages receive high traffic, and the times of day our servers experience significant load. We use this information to improve the content and navigation features of our App/Site. Anonymized or aggregated forms of this data may be used to identify future features and functions to develop for the App/Site and to provide better customer service.

C.COOKIES. There are various technologies, including one called “cookies” which can be used to provide tailored information from a website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. Some ZOOWHO pages use cookies or other technologies so that we can better serve you when you return to our App/Site. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. For more information, please refer to user information provided with your Web browser.

D.WEB BEACONS. Some of our Web pages and HTML-formatted e-mail use Web beacons in conjunction with cookies to compile aggregate statistics about website usage. A Web beacon is an electronic image, called a single-pixel (1×1) or clear GIF. Web beacons can recognize certain types of information on a visitor’s computer, such as a visitor’s cookie number, time and date of a page view and a description of the page where the Web beacon is placed. You may render some Web beacons unusable by rejecting their associated cookies.

E.PERSONALIZED URL LINKS AND PERSONALIZED MESSAGE CONTENT. Occasionally, we may create unique web URL link for certain visitors. If you visit one of these App/Sites, you may find forms that are already filled out with your name, or other types of information you have previously indicated an interest in, based on information you have given us before. We may also personalize the content of newsletters, e-mail offers or invitations based on topics in which you have previously indicated an interest. We collect information about how you consume this type of personalized information in order to help us provide you with other information that is better tailored to your interests. If you choose to visit one of these personalized web URL links, you are agreeing to allow ZOOWHO to collect information about your visits and also to associate that information with other information about you and your relationship with ZOOWHO. If you do not wish your information to be used in this way, do not accept the invitation to visit these App/Sites.

F.HOW WE USE YOUR INFORMATION. ZOOWHO may use your personal information to:

(i)Fulfill subscription requests, orders for software and services made online and to provide other information you request.

(ii)Make the App/Site easier for you to use.

Help us customize content most relevant to your interests.

Notify you about important news concerning ZOOWHO.

Notify you of new products and services, product updates, technical support issues, events and special offers we think you may be interested in.

 We do analyze some of our Web services such as registrations, demos, downloads, and e-mail responses at the individual level in order to improve the quality of those offerings and to better tailor our marketing to our customers’ needs.

G.HOW WE SHARE YOUR INFORMATION. We may share the personal data you provide with other ZOOWHO entities and/or business partners for purposes related to those described above. We will not sell, rent or lease to others your personally identifiable information. ZOOWHO reserves the right to disclose any and all pertinent information to law enforcement or other governmental officials as we, in our sole discretion, believe necessary or appropriate.

H.CHOICE / OPT-OUT. ZOOWHO offers you the choice of receiving different types of communication and information related to our company, products and services. You may subscribe to e-newsletters or other publications; you may also elect to receive marketing communications and other special offers from us via e-mail. If at any time you would like to change your communication preferences, we provide unsubscribe links and an opt-out mechanism for your convenience.

I.OUR COMMITMENT TO DATA SECURITY. ZOOWHO is concerned about the security of your information. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We use encryption technology when collecting or transferring sensitive data such as credit card information. Credit card numbers are used only for processing payment and are not used for other purposes.

J.CHANGES TO THIS PRIVACY POLICY. If there are updates to the terms of ZOOWHO’s online Privacy Policy, we will post those changes here and update the revision date in this document so that you will always know what information we collect online, how we use it, and what choices you have. Your continued use of the App/Site following the posting of changes to this Privacy Policy means you accept those changes.

K.YOUR ACCEPTANCE OF THESE TERMS. By using the App/Site, you signify your assent to this Privacy Policy.

OWNERSHIP OF USER SUBMITTED CONTENT. You agree that any and all information and content that you provide to the App/Site becomes the exclusive property of ZOOWHO, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to ZOOWHO upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.

7.ACKNOWLEDGMENT OF RISKS; DISCLAIMER. The materials, content and information on this App/Site is referred to as the “Material”. THE MATERIALS AND CONTENT AVAILABLE ON THE APP/SITE AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ZOOWHO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ZOOWHO FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE MATERIALS OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE MATERIALS OR SUCH CONTENT IS AT YOUR OWN RISK.

8.LIMITATION OF LIABILITY. You agree to use the Service and the WebApp/Site according to these Terms of Use. If you do not comply with the terms of these Terms of Service, you will hold us harmless from any and all loss arising from your use of the WebApp/Site. In no event will ZOOWHO or its affiliates be liable to the user (in damages or otherwise) in connection with or as a result of ZOOWHO’s provision of or the user’s use of the Service. IN NO CASE SHALL ZOOWHO OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATIONS, THOSE RESULTING FROM THEFT OR LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSS) ARISING FROM USER’S USE OF THE WEBAPP/SITE, THE SERVICE OR THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ZOOWHO OR AN AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.ADDITIONAL REPRESENTATIONS AND WARRANTIES You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the App/Site in accordance with these TOU.

10.INDEMNITY. You agree to indemnify and hold ZOOWHO and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

11.IRREPARABLE HARM AND INJUNCTIVE RELIEF. The App/Site and the information and content made available through such App/Sites is the result of enormous investment by ZOOWHO in collecting, formatting, organizing and presenting a wide range of information in the public interest for its users under the terms of this Agreement. By using the App/Site, you hereby acknowledge and recognize the uniqueness of the services provided by the App/Site and ZOOWHO’s substantial investments in such App/Sites as described herein, such that a violation of Section 1 of this Agreement by you will result in irreparable harm to ZOOWHO for which money damages or other legal remedies may not adequately compensate. Accordingly, in the event of a violation of Section 1, ZOOWHO shall be entitled to equitable remedies, including without limitation preliminary and permanent injunctive relief, and you explicitly agree that ZOOWHO will not be required to make a showing of irreparable harm or to post or secure a bond in order to obtain such relief.

12.DESIGNATED AGENT FOR ALLEGED COPYRIGHT INFRINGEMENT. ZOOWHO respects the intellectual property of others, and we ask you to do the same. If you believe some content on the App/Site has been copied in such as way to constitute copyright infringement, please contact us at:

ZOOWHO, INC.

180 N. University

Suite 204

Provo, Utah 84601

13.GENERAL. This Agreement shall be governed in all respects by the laws of the State of Utah, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of Utah, and further agree that any cause of action arising under or relating to this Agreement or your use of the App/Site shall be brought exclusively in such venue. Notwithstanding the foregoing, ZOOWHO may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. In the event of any dispute between you and ZOOWHO arising under or relating to this Agreement or your use of the App/Site in which ZOOWHO is the prevailing party, you agree that you will pay ZOOWHO’s reasonable attorneys’ fees in connection with ZOOWHO’s commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against ZOOWHO. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. ZOOWHO’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.

INFORMATIONAL ONLY. The information displayed in this App/Site is susceptible to some degree of error due to the collection, entry, and geoprocessing of the data. No warranty, representation, or guarantee whatsoever is made or implied regarding the content, accuracy (including, without limitation, geographic accuracy), timeliness, completeness, or sequence of any of the information contained in this App/Site. Neither you, nor any other person, should rely on the data provided herein for any reason; the owners and operators of this App/Site as well as all directors, officers, employees, agents, and affiliates of ZOOWHO shall not be held responsible for any errors or omissions in this App/Site or produced by any secondary dissemination of this information.

CONDITION OF USE. You understand and agree to each and every provision contained in this disclaimer and waive any and all rights and claims you may or might have against the owners and operators of this App/Site as well as against all directors, officers, employees, agents, and affiliates of ZOOWHO, arising from your use of this App/Site.

MINORS. The App/Site is not intended for use by anyone under the age of 13 years old. By using the App/Site, you are representing to ZOOWHO that you are at least 13 years old.

CHILD ONLINE PROTECTION ACT NOTIFICATION. Pursuant to 47 U.S.C. Section 230(d) as amended, ZOOWHO hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

EXPORT CONTROL INFORMATION. Unless otherwise specified, the materials on the App/Site are presented solely to provide information regarding and to promote ZOOWHO’s services and other products available in the United States, its territories, possessions and protectorates. The App/Site is controlled and operated by ZOOWHO from its offices within the United States of America. ZOOWHO makes no representation that materials on the App/Site are appropriate or available for use outside the United States. Those who choose to access the App/Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. If you access the App/Site from outside the United States and are located in a county embargoed by the United States or are on the United States Treasury Department’s list of Specially Designated Nationals, you will not engage in commercial activities or operate a platform application or App/Site in connection with the App/Site. Further, no software from the App/Site may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the App/Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.