Terms of Service

The following terms and conditions (“Terms”) govern all use of the Zenergy website and all content, services, and products available at or through the website, including, but not limited to, mobile applications for Android and iOS (“Apps”), (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Interactiv’s Privacy Policy) and procedures that may be published from time to time by Interactiv (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

We refer to Zenergy and Interactiv Corporation collectively as “Interactiv” or “we” throughout this agreement.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Interactiv, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

Use of our Services requires a Zenergy account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

1. Zenergy.

  • Your Zenergy Account and Website. If you create a blog or website on Zenergy, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Interactiv of any unauthorized uses of your blog, your account, or any other breaches of security. Interactiv will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  • Responsibility of Contributors. If you operate a blog, comment on a blog, post material to Zenergy, post links on Zenergy, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Zenergy, you represent and warrant that your Content and conduct do not violate these Terms or the Community Guidelines. By submitting Content to Interactiv for inclusion on your website, you grant Interactiv a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. This license allows Interactiv to make publicly-posted content available to third parties selected by Interactiv so that these third parties can analyze and distribute your content through their services. You also give other Zenergy users permission to share your Content on other Zenergy websites and add their own Content to it (aka to reblog your Content), so long as they give you credit as the original author by linking back to your website (the reblogging function on Zenergy does this automatically!). If you delete Content, Interactiv will use reasonable efforts to remove it from Zenergy, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Interactiv has the right (though not the obligation) to, in Interactiv’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Interactiv’s reasonable opinion, violates any Interactiv policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Zenergy to any individual or entity for any reason. Interactiv will have no obligation to provide a refund of any amounts previously paid.
  • Web Traffic. We measure Zenergy’s audience and usage. By hosting your site on Zenergy, you agree to assign the traffic relating to your website to Interactiv. Your website’s traffic will be included under Interactiv. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
  • Advertisements. Interactiv reserves the right to display advertisements on your blog unless you have purchased a plan that includes the removal of ads.
  • Attribution. Interactiv reserves the right to display attribution text or links in your site footer or toolbar, attributing Zenergy, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to Zenergy.

2. Ecommerce.

There are certain features offered via Zenergy that enable you to sell items (goods, content, services, etc.) on your website (“Ecommerce Features”).

  • Usage of Information. Ecommerce Services may require Interactiv’s servers, a connection to our partners, and/or data from your site to work.
  • Prohibited Uses. You may not use Ecommerce Features for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Features if we determine (in our sole discretion) that your use is in any way harmful or objectionable. If your store is on Zenergy, you must not violate our Community Guidelines or Store Guidelines.
  • Third Party Services. You may choose to set up and/or use third party services. If you do so, be aware that some of your — and your customers’ — data may be passed to the respective third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. We are not involved in these relationships.
  • Tax Calculations. You are responsible for all taxes and fees associated with your ecommerce activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While some Ecommerce Features allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. We make our best efforts to keep our content and documents up-to-date, but because the tax law changes rapidly, we cannot guarantee that all the services are completely current. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.
  • Shipping Services.
    • Shipping quotes may be provided and allow you to take advantage of real-time shipping rates to purchase postage and print shipping labels from certain mailing services, such as USPS and Canada Post. We act only as an intermediary between you and these third parties; we are not involved in any way with your product or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.
    • You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their shipping restrictions and mailing standards, among others.
    • In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments.
  • Your Responsibilities. You are solely responsible for all of your ecommerce activities, including your store, your items, its operation, all applicable taxes and fees, and compliance with any applicable laws. Among other things, this means that:
    • You should use your best judgment when setting up your store, operating your store, processing payments, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
    • We are not involved in your relationships or transactions with any customer or potential customer.
    • You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
    • You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.

3. Responsibility of Visitors.

Interactiv has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Interactiv does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Interactiv disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

4. Fees, Payment, and Renewal.

  • Fees. Some of our Services are offered for a fee, while other Services may be free with optional paid upgrades, such as a Zenergy plan (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
  • Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
  • Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a Zenergy annual plan, you will be charged each year.
  • Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
  • Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

5. Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Zenergy links, and that link to Zenergy. Interactiv does not have any control over those non-Zenergy websites, and is not responsible for their contents or their use. By linking to a non-Zenergy website, Interactiv does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Interactiv disclaims any responsibility for any harm resulting from your use of non-Zenergy websites and webpages.

6. Third Party Services.

You may set up and/or use services, products, software, or applications developed by a third party or yourself (“Third Party Services”) on your site.

If you use any Third Party Services, you understand that:

  • Third Party Services are not vetted, endorsed, or controlled by Interactiv.
  • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
  • Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
  • Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
  • Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
  • If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

7. Copyright Infringement and DMCA Policy.

As Interactiv asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Zenergy violates your copyright, you are encouraged to notify Interactiv in accordance with Interactiv’s Digital Millennium Copyright Act (“DMCA”) Policy. Interactiv will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Interactiv will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Interactiv or others. In the case of such termination, Interactiv will have no obligation to provide a refund of any amounts previously paid to Interactiv.

8. Intellectual Property.

This Agreement does not transfer from Interactiv to you any Interactiv or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Interactiv. Interactiv, Zenergy, the Zenergy logo, Zenergy, and all other trademarks, service marks, graphics and logos used in connection with Zenergy or our Services, are trademarks or registered trademarks of Interactiv or Interactiv’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Interactiv or third-party trademarks.

9. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

10. Termination.

Interactiv may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Zenergy account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties.

Our Services are provided “as is.” Interactiv and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Interactiv nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

12. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California.

13. Arbitration Agreement.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Jose, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

14. Limitation of Liability.

In no event will Interactiv, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Interactiv under this Agreement during the twelve (12) month period prior to the cause of action. Interactiv shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

15. General Representation and Warranty.

You represent and warrant that your use of our Services:

  • Will be in strict accordance with this Agreement;
  • Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
  • Will not infringe or misappropriate the intellectual property rights of any third party.

16. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Interactiv reserves the right to terminate accounts or access of those in the event of a breach of this condition.

17. Indemnification.

You agree to indemnify and hold harmless Interactiv, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

18. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

19. Miscellaneous.

This Agreement constitutes the entire agreement between Interactiv and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Interactiv, or by the posting by Interactiv of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may not assign, transfer, sublicense your rights under this Agreement to any party; Interactiv may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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