Zipwire, Inc. -- Terms of Service

Welcome to Zipwire! Zipwire (as defined below) is provided by Zipwire, Inc. ("we" or "our" or "us"). These terms of service (these "Terms of Service") govern your (together with the organization, if any, on whose behalf you are acting, "you" or "your") access to and use of the www.zipwire.com (“Zipwire Medical”) web site and its subdomains (the "Website"), downloadable applications we make available to you (collectively, the "App"), and all software and services provided by us via the Website and App (collectively, "Zipwire").

Zipwire Medical enables users (each user, together with the organization, if any, on whose behalf such user is acting, if any, a "User"), to safely share different types of contact information ("Contact Information") with other Users including Zipwire, Health Insurance providers, State and Federal Regulators and other third parties chosen by and contracted with Zipwire (collectively a “Premium User”).

Please read THESE TERMS OF SERVICE carefully, as THEY contain an Agreement to Arbitrate, which requires that you and US arbitrate certain claims BY BINDING, INDIVIDUAL ARBITRATION instead of going to court and limits class action claims, unless you opt out of the Agreement to Arbitrate as described in the arbitration section (see Section 21 "Agreement to Arbitrate").

1. Acceptance of Terms.

PLEASE REVIEW THESE TERMS OF SERVICE BEFORE USING ZIPWIRE, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. If you are viewing this on your mobile device, you can also view THESE TERMS OF SERVICE via a web browser at www.zipwire.com/terms. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN DO NOT USE ZIPWIRE. BY USING ZIPWIRE, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF SERVICE ON BEHALF OF YOU, YOUR ORGANIZATION OR YOUR MINOR CHILD. ZIPWIRE IS NOT INTENDED FOR USE BY ANY UNDER 13 YEARS OLD.

We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to Zipwire; provided that any such changes shall only apply to your use of Zipwire after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise.

2. Scope of Service.

We may alter, suspend, or discontinue Zipwire in whole or in part, at any time and for any reason, without notice. Zipwire may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use Zipwire, you must have a computer with Internet access that can access our Website or a compatible mobile device enabled with our App.

When using Zipwire, your telecommunications carrier's normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of Zipwire. You are responsible for ensuring that at all times while using Zipwire that you are not in violation of your agreement with your telecommunications carrier.

1. License to Use; Privacy Policy.

Subject to your compliance with all the terms and conditions of these Terms of Service, we grant you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to (a) install and use the App on a compatible mobile device for your personal, non-commercial purposes, in each case, solely in the manner enabled by us; (b) upload your Contact Information using Zipwire; (c) download, copy, modify, alter, and otherwise use your Contact Information using Zipwire; and (d) download and use the Contact Information of other Users to the extent that you have the necessary permissions. Your license to use Zipwire is automatically revoked if you violate these Terms of Service. From time to time, we may upgrade Zipwire. You agree that these Terms of Service will apply to all such upgrades or improvements. The foregoing license grant is not a sale of the App or the Website or a sale of a copy of the App or the Website, and we and our partners and suppliers retain all rights and interest in Zipwire. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void. We reserve all rights not expressly granted under these Terms of Service.

Our Privacy Policy www.zipwire.com/privacy-policy (the "Privacy Policy"), describes the collection, use and disclosure of data and information by us in connection with Zipwire. The Privacy Policy, as may be updated by us from time to time in accordance with its terms, is hereby incorporated into these Terms of Service, and you hereby agree to the collection, use and disclosure practices set forth therein.

You agree and acknowledge that if you provide any information, including your Contact Information, to any other User (or any third party), that User's (or third party's) use of that information, including your Contact Information, is not subject to our Privacy Policy and may be used by such User (or third party) without limitation other than any limitations separately agreed to by that User (or third party) and you. We encourage you to carefully consider the information you share and with whom you share it - please practice safe sharing!

2. Our Services.

  • Storing Provider Contact Information. We allow you to create, view and suggest edits to Provider Directory cards, which have some of your Contact Information. A "Provider Directory Card" is a virtual contact card with the Contact Information of a Medical User who is a medical provider licensed or registered as such with one more of the following entities: The Federal Government of the United States or one of its agencies; A State of the United States or one of its agencies; or as a graduate or graduate candidate of an accredited medical school within the United States. Each Medical User will have one Provider Directory Card. We will put reasonable effort toward identifying and merging duplicate cards. You should notify us either via Zipwire Medical or via email to info@zipwire.com if there is more than one Provider Directory Card for you or another Medical User. Provider Directory Cards are made available to Premium Users.
  • Storing Clinic Contact Information. We allow you to create Clinic Contact Cards, which have some of your Contact Information. A "Clinic Contact Card" is a virtual contact card with the Contact Information of a User who is a User in Zipwire Medical whether or not they are also a Medical User. Clinic Contact Cards are made available to Zipwire but not to Premium Users.
  • Creating Clinics. We allow you to create Clinic Location Cards, which have organization, location and contact information for sites where Medical Users practice medicine. These Clinic Location Cards are made available to Premium Users.
  • Creating Directories. We allow you to create Clinic Directories which are the association of Provider Directory Cards, Clinic Contact Cards, and Clinic Location Cards as well as information about which insurance plans are available to medical patients. With the exception of Clinic Contact Cards, these associations and this information is available to Premium Users.
  • Exploration: We disallow using request modification tools such as fiddler or whisker, or the like or any other such tools or activities that are meant to explore or harm, penetrate or test, or download information or content from the site except as we make expressly possible through tools we provide as part of Zipwire. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain.
  • Other Services. From time to time, we may offer additional Services to Users, some of which may only be available to Premium Users or as paid services. Some of the Services that we offer may only be available to Users using the Website, or only be available to Users using the App, as we may determine from time to time.
  • Acknowledgement to Receive Email and Push Notifications. As a registered User of Zipwire, you agree to receive emails and push notifications (if you use our App) from us regarding our Services. We may from time to time send you push notifications or email messages with information about your use of Zipwire. You may opt-out from receiving our newsletter by emailing info@zipwire.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

As set forth in Section 2, we reserve the right to alter, suspend or discontinue Zipwire or your access to Zipwire in whole or in part, at any time and for any reason, without notice.

3. Fees.

At the present time, we do not intend to charge Users for basic use of Zipwire, although we reserve the right to charge fees in the future. However, many of our Services ("Paid Services") are only available to Premium Users who pay us a fee. We may change the Paid Services that are available to the different levels of Premium Users from time to time. We may change the fees that we charge to Premium Users for the use of our Paid Services from time to time. A Premium User may subscribe to our Paid Services for different lengths of time. If you are a Premium User who subscribes to our Paid Services and we discontinue one or more Paid Services that were available to you during a term that you have prepaid us fees, we will refund to you the portion of the fees that you have paid associated with the Paid Services that we have discontinued, prorated for the period of time remaining in your prepayment.

4. Login Credentials.

In order to use some functionality of Zipwire, you will be required to register by providing certain information. We may ask you to complete a registration form and create a user name by giving us a working email address that belongs to you and password ("Login Credentials"). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. All information that you provide through Zipwire is subject to our Privacy Policy, as may be in effect from time to time. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on Zipwire you may also notify us at support@zipwire.com.

5. Dispute; Release.

We expressly disclaim any liability or claims that may arise between Users and between Users and third parties that supply information to us or third parties to which we supply information on behalf of Users of Zipwire. You are solely responsible for your interactions with such third parties and any disputes that arise from interactions with any of the foregoing.

Because we are not responsible for the interaction between Users and between Users and third parties, in the event that you have a dispute with one or more Users or third parties, you hereby release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.

If you are a California resident, in connection with the above release, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his settlement with the debtor."

6. Zipwire Content; Uploaded Content.

Subject to these Terms of Service and any other agreement between you and us, we hereby grant to you a personal, non-transferable, non-exclusive, non-sublicensable right and license to access and use the Content, solely within the scope of your status as a User, and subject to any restrictions on certain types of Content set forth in these Terms of Service. "Content" means all information, chats, text, images, data, links, or other material accessible through the Service that are (i) publicly available or (ii) which Zipwire permits you to access, which includes without limitation Contact Information of other Users for which you have appropriate permissions.

You agree that Zipwire is not intended for the collection or sharing of personal health information. You agree not to enter such information into the App and you indemnify us for any liability relating to your storage or transmission of such data on or through Zipwire. 

You understand that the Content that is accessible through Zipwire is used by you at your own risk. If you have submitted Content, you may remove, modify or alter such Content at any time, through functionality that we make available on Zipwire, provided that any Contact Information that you have provided remains truthful.

We reserve the right to make changes to Content, descriptions or specifications of Zipwire, or other information without obligation to issue any notice of such changes.

Nothing contained on Zipwire should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Zipwire or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on Zipwire.

7. Prohibited Conduct.

As a condition of your use of Zipwire, you will not use Zipwire for any purpose that is unlawful or prohibited by these Terms of Service. You may not use Zipwire in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party's use of Zipwire. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Zipwire. In addition, you agree not to use false or misleading information in connection with your user account or impersonate any other person living or dead, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party).

In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person to use Zipwire to:

  1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Zipwire.
  2. Use Zipwire for the collection or sharing of personal health information (yours or others). 
  3. Use a name or language that we, in our sole discretion, deem offensive.
  4. Post defamatory statements.
  5. Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious, or other group.
  6. Post Content that depicts or advocates the use of illegal drugs.
  7. Post Content that characterizes violence as acceptable, glamorous or desirable.
  8. Post Content which infringes another's copyright, trademark or trade secret.
  9. Post unsolicited advertising or unlawfully promote products or services.
  10. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity.
  11. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
  12. Exploit children under 18 years of age.
  13. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
  14. Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 18 years of age).
  15. Solicit personal information from children under 13 years of age.
  16. Encourage conduct that would constitute a criminal or civil offense.

We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative.

You agree not, and will not permit any person or entity to: (i) use, or allow the use of, Zipwire for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using Zipwire; (iii) obtain unauthorized access to any computer system through Zipwire; (iv) introduce viruses, worms, Trojan horses and/or harmful code to Zipwire; and (v) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of Zipwire or any Content.

We reserve the right, without prior notice and in its sole discretion, to decide whether your use of Zipwire violates these Terms of Service for any of the above reasons or for any other reason, and if we do so, we may terminate your access to Zipwire.

8. Indemnification.

By using Zipwire you agree to indemnify, hold harmless and defend (at our option) us and our officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense, including without limitation attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your provision of any Content, (ii) your use of Zipwire and/or (iii) any User or other third party's use of any Content that you submit via Zipwire.

9. Intellectual Property Rights.

You agree and acknowledge that the structure, organization, and code used in conjunction with Zipwire are proprietary to us. You shall not, and shall not permit any person or entity to: (i) use Zipwire on a service bureau, time sharing or any similar basis, or for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of Zipwire or any of the Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from Zipwire. You shall not sell, transfer, publish, disclose, display or otherwise make available Zipwire including any modifications, enhancements, derivatives, and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms of Service.

Unless otherwise noted, all Content contained on Zipwire is our property and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

10. Copyright Infringement; DMCA Policy.

If you believe that any materials on Zipwire infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Website or location in our App or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues relating to Zipwire is: Copyright Agent, 12506 172nd Ave NE, Redmond, WA 98052 or copyright@zipwire.com. In an effort to protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.

11. Links to Third-Party Websites.

Zipwire may contain links to third-party websites. These links are provided to you as a convenience, and we are not responsible for the content of any linked third-party website. Any third-party website accessed from Zipwire is independent from us, and we have no control over the content of that website. In addition, a link to any third-party website does not imply that we endorse or accept any responsibility for the content or use of such website. Use of any third party site is subject to its terms of service and privacy policy. We request that our users exercise caution and good judgment when using third party websites.

12. Providers of Third Party Platforms.

You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) are not parties to these Terms of Service; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to Zipwire; (iii) are not responsible for addressing claims by you or any third party relating to Zipwire, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that Zipwire or use thereof infringes any third party intellectual property rights.

13. Disclaimer.

Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Content, your reliance on information from Zipwire, information provided by a User or by your use of Zipwire. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Zipwire.

ZIPWIRE AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM ZIPWIRE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH ZIPWIRE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY ZIPWIRE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT ZIPWIRE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

14. Limitation of Liability.

  1. Disclaimer. IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF ZIPWIRE, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF ZIPWIRE, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
  2. Limitation. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF SERVICE, SHALL NOT EXCEED THE GREATER OF (I) $10.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR ZIPWIRE, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
  3. Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Jurisdictional Issues.

We make no representation that information on Zipwire is appropriate or available for use outside the United States. Those who choose to access Zipwire from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using Zipwire, you consent to having your Contact Information and Content transferred to and processed in the United States subject to the restrictions on such data as provided in our Privacy Policy posted through Zipwire from time to time.

16. Modifying and Terminating Service.

We may terminate your access to Zipwire, in our sole discretion, for any reason and at any time, upon electronic notice to you at the e-mail address provided by you at registration or that you use to subsequently update as part of your Contact Information. You agree that we are not liable to you or any third party for any termination of your access to Zipwire. We may change and update Zipwire from time to time. We may add or remove features, and as appropriate give you advance notice about any major changes, you understand that we may stop, suspend, or change Zipwire at any time without prior notice.

17. Unsolicited Ideas and Feedback.

While we welcome your feedback, ideas, and suggestions (collectively, "unsolicited ideas"), it is important to be aware of the following restrictions with regards to unsolicited ideas you provide to us. If you send us unsolicited ideas, you agree that: (1) your unsolicited ideas become our property and you are not owed any compensation in exchange; (2) none of the unsolicited ideas contain confidential or proprietary information of any third party; (3) we may use or redistribute unsolicited ideas for any purpose and in any way; (4) there is no obligation for us to review your unsolicited ideas; and (5) we have no obligation to keep any unsolicited ideas confidential.

18. Governing Law; Dispute Resolution.

These Terms of Service, and any dispute between you and us, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 21 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the Commonwealth of Massachusetts, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. Except for the foregoing exceptions, you and we agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Massachusetts for the purpose of litigating all such claims or disputes. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.

19. Agreement to Arbitrate; Waiver of Class Action.

Except if you opt-out or for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, Zipwire, and/or Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and we hereby expressly waive trial by jury. You and we shall appoint as sole arbitrator a person mutually agreed by you and us or, if you and we cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for a district in Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Service.

Any claims brought by you or us must be brought in that parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor us will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You hereby waive any and all rights to bring any claims related to these Terms of Service and Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.

You may opt out of this Agreement To Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Zipwire account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:

Zipwire, Inc. ATTN: Arbitration Opt-out 12506 172nd Ave NE, Redmond, WA 98052

Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms of Service, such termination shall not be effective until thirty (30) days after the version of these Terms of Service not containing the Arbitration Procedures is posted to Zipwire, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.

This Arbitration section will survive the termination of your relationship with us.

20. Miscellaneous.

You may not assign or transfer your rights or obligations under these Terms of Service in whole or in part to any third party without our consent. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms of Service on Zipwire. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

21. Minors.

Zipwire is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use Zipwire only as authorized by and under the supervision of a parent. In this case, the parent is responsible for any and all activities of such minor. If you are a parent or guardian and you discover that your child has created an unauthorized account on Zipwire, please contact us at support@zipwire.com and we will remove the account.

22. For Additional Information.

If you have any questions about these Terms of Service, please contact us at: 12506 172nd Ave NE, Redmond, WA 98052 or via www.zipwire.com.

Copyright © 2013 - 2017, Zipwire, Inc., All Rights Reserved.

Updated: October 15, 2016