ZenVPN Terms of Service
These Terms of Service govern the terms of your access and use of https://zenvpn.net website and ZenVPN services, and constitute your legal agreement with us.
You should read these Terms carefully before you use the Website or Services.
By clicking “I agree,” “I accept,” “Sign up,” or similar button or checkbox, or by using the Services and/or the Website, you agree to these terms of service.
When you are accepting these Terms on behalf of your employer or another company or organization, you represent and warrant that you have full authority to act for and to bind that legal entity to this agreement, in which case the terms “you” and “your” will refer to that legal entity.
If you sign up using an email address from your employer or another entity, then (i) you will be deemed to represent such party, and (ii) your click to accept will bind your employer or that entity to these Terms.
“Terms”, “Terms of Service” mean these Terms of Service.
“We”, “us”, “ZenVPN” means ZenV Solutions, Corp.
“Customer”, “you” means a person using the Website or the Services.
“End User” means an individual you designate and permit or invite to use the Services, including an individual using your credentials to access the Services.
“Website” means the website accessible at https://zenvpn.net, including its sub-domains, programming code, related technologies, know-hows, databases, content and design.
“Services“ means the services that are available on/through the Website.
“Legal Request” means a subpoena, court order, or other legal process that cites a statute or other law in association with a claim or demand asking for us to turn over information about you, your account, your End Users, your use of the Services and/or ask to remove content.
“Your Data” means content, code, materials, information of any type that you (including any of your End Users) transmit or otherwise make available to/through the Services.
You will need to register an account with us and be logged in to use the Services and to have access to certain features of the Website.
When you register, you will be asked to enter your email address, which will be used as your username, and choose a password.
You agree to provide true, accurate, current, and complete information about yourself.
You are responsible for safeguarding your login details and other access credentials, and you agree not to disclose them to any third party, except for authorized End Users.
You and End Users may not convey, transfer or otherwise disseminate access credentials or their parts to any other person.
Everyone who identifies themselves by entering correct login details is assumed by us to be the rightful account holder and/or End User, and all transactions where login details have been entered correctly will be regarded as valid. We will not be held responsible for any loss or damage resulting from any unauthorized use of your account and/or your failure to notify us of the same.
If you provide any information that is or that we suspect is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Services and refuse any and all current or future use of the Services.
Right to Contact. We may contact you in order to evaluate compliance with these Terms, to send service messages and notices about the Website or the Services, ask for your feedback, or to send occasional promotional communication to an email address associated with your account.
3. Use of Website and Services
License Grant; Permitted Use. Subject to your compliance with these Terms, we give you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license to access and use the Website and the Services for your own personal non-commercial use.
Any other use of the Website and the Services requires our prior written consent.
The Website and the Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, federal and foreign laws and regulations in connection with your use of the Website and the Services.
Restrictions. You agree that you will not do any of the following while using or accessing the Website and the Services:
- Use the Services to submit, upload, post, share, store, transmit or otherwise provide Your Data, as well as other text, images, videos, sounds, music, code, or files containing such content that:
- is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or is otherwise objectionable in our opinion;
- you do not have right to submit;
- infringes the intellectual property rights or violates the rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, right of publicity, personal data rights or any confidentiality or fiduciary obligations), or otherwise violates or promotes the violation of the rights of any third party;
- contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, or interferes with the access of any Customer, host or network.
- Use the Services as part of a service provider or software-as-a-service, or otherwise display, perform, or publish the Services or their parts to benefit from the use of the Services.
- Use the Website or the Services for competitive analysis or to build competitive products.
- Use the Services to generate and send spam and unsolicited advertising.
- Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Website or the Services.
- Use the Website or the Services in a commercial manner.
- Circumvent, disable or otherwise interfere with security related features of the Website or the Services.
- Defeat, bypass, disable, interfere with or otherwise circumvent any mechanism intended to limit its use of the Services.
- Forge any tcp/ip packet header or any part of the header information in any posting or in any way use the Website or the Services to send altered, deceptive or false source-identifying information.
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Website or through the Services, servers or networks connected to the Website or the Services or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website or the Services.
- Attempt to probe, scan or test the vulnerability of any our system or network.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or the Services, or otherwise seek to obtain or derive the source code, underlying ideas or algorithms.
- Attempt to access, search or meta-search the Website or the Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by us or other generally available third party web browsers, including without limitation any software that sends queries to the Website or the Services to determine how a website or web page ranks.
- Impersonate or misrepresent your affiliation with any person or entity or otherwise commit fraud.
- Use the Services in a way that would subject us to any industry-specific regulations, for example, relating to personal data or specific types of sensitive data, that we would not otherwise be generally subject to.
- Use the Website or the Services in any manner not permitted by these Terms or in violation of any applicable laws and regulations.
- Encourage or instruct any other individual to do any of the foregoing or to violate these Terms.
End Users. You are responsible for the activities and for compliance with these Terms of all your End Users, including how they use Your Data, even if they are not from your organization or domain. You accept responsibility for all activities that occur under your and End User’s access credentials.
The Services are not intended for, and should not be used by, anyone under the age of 16. You are responsible for ensuring that all End Users are at least 16 years old.
4. Subscriptions and Payment Terms
Payment Methods. You can pay for Services with a credit or debit card. Please note that when you make payments, the transaction is processed by a third-party payment provider and your financial information is not shared with us. We are not responsible for the processing of payments and shall not be liable for any matter in connection therewith.
Month-to-Month Subscriptions. In the event that your subscription to the Services is on a monthly basis, it will be automatically renewed at the end of the monthly billing cycle unless you cancel it.
Trial Period. Depending on the subscription, we provide free access to the Services during a 1-10-days trial period starting from the moment that you activate such trial period by submitting your payment details. You agree that if your trial remains uncancelled by you after expiration, then the trial will convert to an ongoing subscription in accordance with the terms of the particular subscription plan you have chosen. If you wish to cancel your trial before it converts to an ongoing subscription, then you may do so by following the steps described below under “Cancellation”.
You may only use this free trial offer once.
You may not use a free trial if you have already used the Services.
Renewals. Your subscription will be automatically renewed at the end of the subscription term unless you cancel it as provided in these Terms.
In the event that you cancel the payment card provided to us to pay for the Services or the card expires or is otherwise terminated, you must promptly replace it with a new valid card number in order to maintain your subscription to the Services and avoid any disruptions to its renewal. You authorize us, from time-to-time, to undertake steps to determine whether the card number provided to us is a valid card number.
Cancellation. You have the right to cancel your subscription at any time, for any reason, and can do so by:
- Visiting your subscription page in your account; or
- sending an email to email@example.com; or
- messaging in online chat.
Please note that our support team handles all cancellation requests on Monday-Friday 9:00AM - 6:00PM EST.
If you choose to cancel your subscription, you will be charged only for the time of using it.
Refunds. A refund may be approved by our support team, provided you have shown evidence that the case merits the refund.
Late Payments. We reserve the right to suspend, terminate or disable your access to any of the Services in the event that any fees owed to us are not received on or before the payment due date.
Taxes and Charges. Unless otherwise stated, fees for the Services do not include any taxes, levies or duties of any nature, including value-added, sales, use, or withholding taxes, or similar taxes. You agree to be responsible for and to pay any applicable taxes that may be imposed, based on these Terms, or the use of the Services, and any applicable fees or surcharges that may occur regarding the transaction.. If we have a legal obligation to pay or collect taxes, levies or duties, for which you are responsible, you will pay that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. Where applicable, you will provide your VAT registration number to confirm the business use of the Services.
Changes. Sales, promotions and other special discounted pricing offers (if any) are temporary and, upon the renewal of your subscription, any such discounted pricing offers may expire. We reserve the right to update our pricing and/or discontinue or modify any subscription plans, coupons, credits, sales and special promotional offers at its sole discretion. We reserve the right to make free Services fee-based, repackage the Services or change the cost of the Services, at any time in our sole discretion.
If we change our prices for your type of subscription your initial quote will remain through the term of your subscription.
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Website or the Services. However, subject to the terms and conditions of your subscription and other provisions of these Terms we will attempt to help you with any queries or problems that you may have with the Website or the Services. To reach our support team, please email us at firstname.lastname@example.org. Providing our representatives with all the information they need to solve your problem will expedite your request for assistance.
6. Intellectual Property and Other Rights
Our Intellectual Property Rights. The Website, Services and all related text, design, graphics, images, photographs, videos, illustrations, computer code, databases and other information, materials and content contained in the Website and the Services or provided by us in connection therewith (collectively, “Intellectual Property”) are owned by or licensed to us and are protected under the US and foreign laws. Except as explicitly stated in these Terms, we and our licensors reserve all right in and to the Intellectual Property.
Logos and Brand Names. ZenVPN and the associated logos and any other ZenVPN service names, logos or slogans that may appear on the Website or the Services are intellectual property of ZenVPN and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Your Feedback. If you choose to communicate to us any feedback, ideas or suggestions for improvement of the Website or the Services, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or noncommercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback you communicated to us is not subject to any license or any other third party right.
Your Data. The ownership of Your Data shall remain with you. Subject to these Terms, and solely to the extent necessary to provide the Services, you grant us a nonexclusive, worldwide, royalty-free, irrevocable, fully paid-up license to use, access, transmit, and process Your Data.
Publicity Rights. You give us consent to use your name and to include a link to your website for the purposes of mentioning you as our Customer or as a user of the Services and to describe the services provided to you in any form for any promotional, publicity, marketing or advertising purpose in any media, on any website including, but not limited to our websites, portfolios, or in other promotional materials and media. You can withhold this consent at any time by sending a request to email@example.com.
7. Copyright Notices and Legal Requests
Every request we receive is carefully reviewed by us to determine the validity of the legal process, to assess the proportionality of the request, and to ensure compliance with intellectual property laws or data protection regulations.
DMCA Notices. When providing the Services, ZenVPN qualifies as an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received under 17 U.S. Code § 512(a) (the Digital Millennium Copyright Act).
We are unable to delete any infringing content transmitted by our Customers and their End Users, since we do not store any such content.
Further, we are unable to identify a particular user that may be infringing the copyrights since we do not log our Customers’ activities.
However, we will honor all valid copyright takedown notices to the extent we reasonably can.
For Legal Requests pertaining to business Customers, we will redirect the requestor directly to the Customer in question.
For U.S. Customers disclosure is governed by U.S. law, including the Federal Stored Communications Act, 18 U.S.C. §§ 2701-2712. In general, we will turn over basic user records (e.g., name, length of service, billing information, email address, registration IP address, etc.) in response to a valid subpoena, civil investigative demand, or similar legal process issued in connection with an official criminal or civil investigation. However, we require:
- either (i) a court order issued under 18 U.S.C. Section 2703(d), upon a showing of specific and articulable facts showing that there are reasonable grounds to believe that the information sought is relevant and material to an ongoing criminal investigation, or (ii) a search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, upon a showing of probable cause, before we will turn over account access logs, including vpn connection history;
- a search warrant issued upon a showing of probable cause under relevant state or federal law before we will turn over Customer content stored on our servers.
We cannot comply with overly vague or broad requests. At a minimum, we typically need the full name of the Customer whose data is sought or an email address associated with a registered account and a specific statement of the type of information sought.
We will give notice to the affected Customer and enclose a redacted copy of the Legal Request whenever a government agency seeks access to their information unless we are legally prohibited from doing so.
If law enforcement provides us with information that gives us a reasonable, good faith belief that there is a risk of imminent harm (i.e., death or serious physical injury) to a person, and that we have information in our possession that may avert that harm, we may choose to disclose limited information when we have to protect human life, provided that such disclosure is consistent with applicable law.
By law, we are entitled to recover costs associated with responding to Legal Requests.
Legal Requests can be mailed to our mailing address.
When we receive a preservation Legal Request from an agency investigating a crime, we will preserve then-existing data for 90 days in anticipation of receiving valid legal process. We require such Legal Request to be
- issued and signed by or on behalf of a government entity, and
- on official letterhead.
As a U.S. company we are not required to provide data to foreign authorities in response to their Legal Requests. Foreign law enforcement officials wishing to request information from ZenVPN should contact the United States Department of Justice Criminal Division's Office of International Affairs. We will promptly respond to requests that are issued via U.S. court by way of a mutual legal assistance treaty (“MLAT”) or letter rogatory.
8. Representations and Warranties
Your Representations. You (including anyone acting on your behalf) represent, warrant and covenant that:
- You have the full right, power, and authority to enter into and fully perform this agreement.
- Your use of the Website and the Services is in compliance with applicable laws.
- You have obtained all necessary rights, releases and permissions to transmit all Your Data via the Services and to grant the rights granted to us in the Agreement.
- Your Data and its transmission and use as you authorize in the Agreement will not violate any of your or third-party policies or terms governing Your Data.
- You are not named on any U.S. list of persons or entities prohibited from receiving U.S. exports, or from transacting with any U.S entity.
- You and your End Users are not a national of, or a company registered in, any jurisdiction in which the provision of the Services is prohibited under U.S. or other applicable laws or regulations.
Our Representations. We represent, warrant and covenant that:
- We have the full right, power, and authority to enter into and fully perform this agreement.
- We own or otherwise have all rights necessary to provide the Website and the Services and grant the rights and licenses granted in these Terms, without infringing any third party's rights.
9. Disclaimer of Warranties
Your use of the Website, Services and any other information, products, functionality or software made available through the Website or the Services is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto.
The Website, Services and all materials, information and products included therein, are provided on an "as is" and "as available" basis without warranties of any kind. Except as expressly provided in these Terms, we expressly disclaim all warranties of any kind, express, implied or statutory, relating to the Website, its content and the Services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance.
We further disclaim any warranties:
- Regarding the security, accuracy, reliability, timeliness and performance of the Website or the Services.
- That the Website or the Services will be error-free or that any errors will be corrected.
- That the Website or the Services will be of any particular quality, meet any standards or requirements, or conform to any of your expectations in this regard.
No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in these Terms. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
We do not have any obligation to verify the identity of Customers registered on the Website and using the Services, nor do we have any obligation to monitor the use of the Services by Customers. Therefore, we disclaim all liability for identity theft or any other misuse of your identity or information by others.
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Website or the Services.
Compatibility. We do not warrant that the Website and the Services will be compatible with all hardware and software which you may use or which may exist or will exist in the future.
Third Parties Software and Content. We are not responsible for:
- The content, services, applications or availability of third parties’ websites that you access using the Website or the Services.
- The availability, performance, functionality or any consequences of your use of any third parties’ components, software, modules built into or otherwise integrated and available through the Website or the Services.
10. Limitation of Liability
WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR YOUR DATA, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR DATA AND THE CONSEQUENCES OF TRANSMITTING IT THROUGH AND USING IT WITH THE SERVICES.
IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR THE SERVICES WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL OUR CUMULATIVE LIABILITY TO YOU EXCEED AMOUNT OF THE SERVICE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIFTY ($50) U.S. DOLLARS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL.
THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
Indemnification by You. You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees and agents from and against any and all claims, costs, liabilities, expenses, losses, damages, suits, judgments, and attorney's fees, of every kind and nature, arising from or relating to:
- Your, including your End Users’, access to or use of the Website or the Services.
- Any claims or disputes brought by your End Users arising out of their use of the Services.
- Your breach (or alleged breach) of your representations and warranties.
- Your Data.
- Your violation of any third party right, including without limitation any proprietary right, intellectual property right, publicity, confidentiality, property or privacy right.
Indemnification by Us. We agree to indemnify, defend and hold harmless you, your affiliates, officers, directors, employees and agents from and against any and all claims, costs, liabilities, expenses, losses, damages, suits, judgments, and attorney's fees, of every kind and nature, arising from or relating to infringement of any third-party patent, copyright or trademark, or misappropriation of any third-party trade secret, by your use of the Services. Our indemnification obligations above do not apply:
- if the total aggregate fees we receive with respect to your use of the Services in the twelve (12) month period immediately preceding the claim is less than US$10,000;
- if the Services are modified by any party other than us, but solely to the extent the alleged infringement is caused by such modification;
- if you have used the Services in violation of these Terms and/or any applicable law;
- to any claim arising as a result of Your Data or circumstances covered by your indemnification obligations in subsection “Indemnification by You”; or
- if you settle or make any admissions with respect to a claim without our prior written consent.
This subsection ‘Indemnification by Us’ sets forth our sole liability and your exclusive remedy with respect to third party claims of intellectual property rights infringement in connection with the Services.
As a condition to the parties’ obligations under this Section, the indemnified party must provide to the indemnifying party:
- prompt written notice of the claim (and in any event notice in sufficient time for us to respond without prejudice),
- the exclusive right to control and direct the investigation, settlement and defense (if applicable) of the claim (and, in no event, will the indemnifying party agree to any settlement or admission of fault or liability on the part of the indemnified party without the written consent of the indemnified party), and
- all reasonable necessary cooperation.
We reserve the right, at our sole discretion:
- To modify or revise these Terms at any time by posting the amended Terms on the Website. Please check the most current Terms to ensure that you are aware of all the terms governing your use of the Website and the Services.
- To make changes, update or discontinue the Website, Services or any format, feature or functionality thereof at any time with or without notifying you.
- To terminate or restrict access to the Website or the Services for any reason whatsoever.
Your continued use of the Website or the Services after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree with the modifications, please discontinue use of the Website and the Services immediately, and cancel the account you have opened with us.
13. Termination and Account Cancellation
These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.
Termination by You. You may terminate these Terms in accordance with Section 4 “Subscriptions and Payment Terms”.
Termination by Us. Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the Website or the Services, and/or may remove any of your data at any time if:
- You violate these Terms.
- You infringe proprietary rights, rights of privacy, or intellectual property rights of any person, business or organization.
- You have been engaged in other actions relating to or in the course of using the Website or the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Customers, us, any other third parties or for the Website or the Services.
- You have 'charged back' or denied any of the payments that you made for your subscription.
- It is required by applicable law.
- We cease offering the Services and/or discontinued the Website.
Notwithstanding the foregoing, we also reserve the right to terminate the Website, Services or cancel your account at any time and for any reason.
Effect of Termination. Upon termination of these Terms all licenses and rights to use the Website and the Services shall immediately terminate; and you will immediately cease any and all use of the Website and the Services.
Upon any termination we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party unless otherwise provided by applicable law.
Any suspension or termination of these Terms will not affect your obligations to us under these Terms, including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality, which reasonably are intended to survive such suspension or termination.
14. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ZENVPN ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in the State of Delaware on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.
b. Exceptions. Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and ZenVPN both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. ZenVPN will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in the State of Delaware: (i) an action by ZenVPN relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by ZenVPN for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the State of Delaware, and forever waive any challenge to said courts’ jurisdiction and venue.
c. Required Pre-Dispute Procedures. Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to ZENV SOLUTIONS, CORP. Attn: Legal Department, 140 Clover Ct Roswell, 30075 GA, USA. ZenVPN will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with ZenVPN or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.
d. Commencing Arbitration. You and ZenVPN agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.
e. Arbitration Location. If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in the State of Delaware unless ZenVPN otherwise agrees to arbitrate in another forum requested by you.
g. Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
h. Governing Law and Award. The arbitrator shall follow the substantive law of the State of Delaware without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
i. Enforceability. This provision survives termination of your account or relationship with ZenVPN, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
j. Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and ZenVPN and shall not be modified except in writing by ZenVPN.
k. Amendments. ZenVPN reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of the Services on or through the Website, or use or attempted use of the Services, constitutes your consent to such changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE THE WEBSITE AND/OR THE SERVICES (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT ZENV SOLUTIONS, CORP. ATTN: LEGAL DEPARTMENT, 651 N BROAD ST SUITE 201 MIDDLETOWN DE 19709. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE WEBSITE AND/OR THE SERVICES. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
No Agency. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Services.
Government Use. Nothing in these Terms makes us a government contractor. If you are a government user or otherwise accessing or using the Services in a government capacity, please contact us at firstname.lastname@example.org prior to agreeing to these Terms.
Notices. Any notices or other communications permitted or required under these Terms will be in writing and given by us:
- Via email (to the address that you provide during registration), or
- By posting to the Website.
Consent to Receive Communications in Electronic Form. For contractual purposes, you:
- Consent to receive communications from us in an electronic form via the email address you have submitted; and
- Agree that the Terms and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Assignment. You will not assign this agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void.
We may assign this agreement or any rights hereunder without your consent.
No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.
Severability and Integration. These Terms constitute the entire agreement between you and us and supersedes all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.