THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND ZIGGURAT. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.ZIGGTEC.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.ZIGGTEC.COM BY ZIGGURAT, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE THE CONTENT, SERVICES AVAILABLE THROUGH THIS SITE (THE “SERVICES”) AND ANY SOFTWARE THAT ZIGGURAT. PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”). BY USING THIS SITE OR BY INDICATING THAT YOU ACCEPT THESE TERMS DURING THE REGISTRATION PROCESS, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH ZIGGURAT. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Ziggurat may make changes to the content and Services offered on the Site at any time. Ziggurat can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site, requiring you to accept such updated Terms, and/or by emailing you an alert regarding the updated Terms at the email address you keep on file. By using this Site after Ziggurat has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Site at any time or in any manner or submit any information to the Ziggurat or the Site.
Ziggurat provides content through the Site and through the Services that is copyrighted and/or trademarked work of Ziggurat or Ziggurat’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Ziggurat hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Ziggurat may make available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Ziggurat does not warrant that the Mobile Application will be compatible with your mobile device. Ziggurat hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Ziggurat may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Ziggurat and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Ziggurat provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that Ziggurat provides to you designed for use on an Android-powered mobile device (an “Android App”):
The following additional terms and conditions apply with respect to any Mobile Application that Ziggurat provides to you designed for use on an Android-powered mobile device and obtained from the Amazon App Store (an “Amazon Android App”):
You can simply view the Site and not use any Services on the Site. You need not register with Ziggurat to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site (such as accessing Ziggurat’s analytics and analytic tools or accessing or creating blogs) and to use certain Services and Materials offered on and through the Site, you must register with Ziggurat for an account and receive a password.
If you desire to register for an account with Ziggurat, you must submit the following information through the account registration page on the Site: name, email address, and password, and payment information, if applicable. You will also have the ability to provide additional optional information, such as home or mailing address, which is not required to register for an account but may be helpful to Ziggurat in providing you with more a more customized experience when using the Site or its Services. Once you have submitted your account registration information, Ziggurat administrator shall have the right to approve or reject the requested registration, in the Ziggurat administrator’s sole discretion. If your account is approved by the Ziggurat administrator, you will be sent an e-mail confirming your account and you be allowed you to log-on to the Site.
Currently, Ziggurat also provides you with the ability to register for an account on the Site using your existing account and log-in credentials through the following Third-Party Sites (as defined below), which may change from time to time: Facebook, Twitter, LinkedIn, Instagram (each, a “Third-Party Site Password”).
You are responsible for maintaining the confidentiality of your Ziggurat Password and any Third-Party Site Password (collectively, “Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Ziggurat if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes
By registering for an account with Ziggurat, you become a “Member” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Membership”). Each Membership and the rights and privileges provided to a Member is personal and non-transferable.
If applicable, you agree to pay all fees or charges to your account based on Ziggurat’s fees, charges, and billing terms in effect as shown on the Payment Page. If you do not pay on time or if Ziggurat cannot charge your credit card, PayPal or other payment method for any reason, Ziggurat reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Ziggurat. is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Ziggurat may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the Services available in connection with this Site. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Ziggurat to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the services, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. Ziggurat. reserves the right to (a) terminate access to your account, your ability to post to this Site (or use the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Ziggurat determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Ziggurat may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Ziggurat’s discretion, Ziggurat will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Unauthorized use of any Materials contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold Ziggurat and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Ziggurat. or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Ziggurat and Zivolve are trademarks of Ziggurat Technologies, Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Ziggurat Technologies, Inc., Copyright © 2018 Ziggurat Technologies, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Mobile Application software that is provided to you through the Site and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Ziggurat respects the intellectual property rights of others, and we ask you to do the same. Ziggurat may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Ziggurat’s designated agent the following information:
Ziggurat’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Ziggurat’s designated agent that includes all of the following information:
Ziggurat reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by Ziggurat, and they may include inaccuracies or typographical or other errors. Ziggurat does not warrant the accuracy of timeliness of the Materials contained on this Site. Ziggurat has no liability for any errors or omissions in the Materials, whether provided by Ziggurat, our licensors or suppliers or other users.
ZIGGURAT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ZIGGURAT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
ZIGGURAT IS NOT ENGAGED IN RENDERING ANY INVESTMENT, TRADING, OR OTHER PROFESSIONAL ADVICE. IF INVESTMENT, TRADING, OR OTHER PROFESSIONAL ADVICE IS REQUIRED, THE SERVICES OF A COMPETENT, LICENSED PROFESSIONAL SHOULD BE SOUGHT. NO EMPLOYEE, AGENT OR REPRESENTATIVE OR ZIGGURAT IS AUTHORIZED TO PROVIDE ANY SUCH ADVICE OF ANY NATURE WHATSOEVER, AND ANY SUCH ADVICE, IF GIVE, IS IN VIOLATION OF ZIGGURAT’S POLICES, IS UNAUTHORIZED AND MAY NOT BE RELIED UPON.
THE SERVICES ARE NOT GUARANTEED TO ACHIEVE ANY PARTICULAR RESULTS. THE USE OF ANY TRADING SYSTEM OR STRATEGY, INCLUDING ANY SYSTEM OR STRATEGY INTEGRATED WITHIN THE SERVICES, DOES NOT AND CANNO GUARANTEE THAT YOU WILL MAKE PROFITS, INCREASE PROFITS OR MINIMIZE LOSSES. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS.
ZIGGURAT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZIGGURAT BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ZIGGURAT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Ziggurat controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Ziggurat., whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and Ziggurat is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Ziggurat is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Please read the following (this “Provision”) carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at [email protected]; 1521 Shattuck Ave., # 9125; Berkeley, CA, USA, 94709. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and Ziggurat. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and Ziggurat shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Ziggurat” means Ziggurat Technologies, Inc. and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Ziggurat regarding, arising out of or relating to any aspect of your relationship with Ziggurat, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Ziggurat’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
For all Disputes, whether pursued in court or arbitration, you must first give Ziggurat an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Ziggurat Technologies, Inc. Ziggurat Finance Legal Department, 1521 Shattuck Ave., # 9125 Berkeley, CA, USA, 94709 or by email at [email protected] That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Ziggurat does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Notwithstanding the above, you or Ziggurat may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Ziggurat Technologies, Inc.,. Ziggurat Finance Legal Department, 1521 Shattuck Ave., # 9125 Berkeley, CA, USA, 94709. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Ziggurat through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Ziggurat. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Ziggurat may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Ziggurat may initiate arbitration in either Berkeley, California or the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs – Ziggurat will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Ziggurat as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Ziggurat specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into these Terms you and Ziggurat are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Ziggurat might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with Ziggurat or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if Ziggurat makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Ziggurat to adhere to the present language in this Provision if a dispute between us arises.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.
Ziggurat prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Ziggurat, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Alameda County in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Ziggurat’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Ziggurat and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Ziggurat about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Ziggurat. If you have a question or complaint regarding the Site or Service, please contact Customer Service at [email protected] You may also contact us by writing Ziggurat Technologies, Inc., 1521 Shattuck Ave., #9125, Berkeley, CA, 94709. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact Ziggurat for any reason, you can reach us at [email protected] or Ziggurat Technologies, Inc., Ziggurat Finance Legal Department 1521 Shattuck Ave., # 9125 Berkeley, CA, USA, 94709.
EFFECTIVE DATE: 08.07.2018 Ziggurat Technologies, Inc.. (“Ziggurat”, “We”, “Us, or “Our”) values your privacy. In this Privacy Notice (“Notice”), we describe how we collect, use, and disclose information that we obtain about users of our website, www.ziggtec.com (the “Site”), our mobile Application (the “App” and the services available through our Site (collectively, the Site, the App and the services available therein are the “Services”). Our Services include advanced risk management, investment and trading analytics of tradable financial instruments. This Notice further outlines your rights and choices with regard to the information collected about you. Your use of our Site or Services, and any dispute over privacy, is subject to this Notice and any other applicable agreements between you and Ziggurat, such as our Terms of Service , including its applicable limitations on damages and the resolution of disputes. Our Terms of Service are incorporated by reference into this Notice.
We collect information about you directly from you, from third parties, and automatically through your use of our Services.
Account and Registration Information. For the most part you can browse our Site without creating an account or submitting any information. However, for certain areas and features of our Site (such as accessing analytics and the blogs page) and to use our App we ask you to register for an account with us. In this context, we collect information (including personal information) about you, directly from you, including your full name, email address, login information, password, mailing address (optional), cell phone number (optional) and payment information (such as debit or credit card information
Donations. If you wish to donate money to us by using the donate button feature on our Site, we will ask you for your full name, shipping address, payment information, such as credit or debit card information to process the donation.
Content. When you submit comments, blog posts, pictures, video, participate in our chat or messaging function, or submit other content we maintain a copy of this content. Along with your content we will display your country’s flag or name. We may also collect certain information metadata associated with your content (e.g. location, date/ time stamp, device type).
Other Information We Collect Regarding Your Usage of Our Services. We collect information about your use of our Services, such as your subscription and payment history, activity history and sharing history, including others with whom you shared content.
Information that We Collect from Third Parties. We may offer you the ability to log into our Site and App through one of your social networking accounts, such as Facebook and Twitter. If you chose to login through these social networks, we may obtain certain information from these third party sites with the permission you grant us. Our Site may also include social buttons, such as the Facebook Like button or other similar social media buttons, and we may collect information about how individuals like and share content about us on these social media platforms.
Please note, any third-party social networking or other site controls the information it collects from you. For information about how these third parties collect information, please see the Third-Party Advertisers and the Third Party Analytics sections below.
We have no control over how any third party site uses or discloses the personal information it collects about you.
Information We Collect Automatically. We automatically collect information through your use of our Services through cookies, web beacons, and other technologies, including: log files, IP address, app identifier, device ID. location info, browser type, device type, domain name, the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, and the links you click and your other activities within the Services (“Usage Data”). We also may collect the following information about your use of the App: mobile device ID; location and language information; device name and model; operating system type, name, and version; your activities within the App; and the length of time that you are logged into our App. We may combine this information with other information that we have collected about you, including, where applicable, your user name, name, and other personal information Please see the section “Cookies and Other Tracking Mechanisms” below for more information. If you authorize us to collect your geolocation information, we will collection it while our App is running on your device. You can disable our access to your location services by changing your device’s location settings.
We may use your information, including your personal information and Content, for the following purposes:
We may disclose your information, including personal information, as follows:
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster log-in process or to allow us to track your activities while using our Site. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track the activities users of our Services, help us manage content, and compile statistics about usage of our Services. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Do-Not-Track Signals. Our Site does not respond to do-not-track signals. For more information about do-not-track signals, please click here. You may, however, disable certain tracking as discussed in the Cookies and Other Tracking Mechanisms section above (e.g., by disabling cookies).
www.aboutads.info/choices (Digital Advertising Alliance)
Opting-out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or “contextual” ads on our Services. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs. Please note, that opt-out mechanisms are cookie based; so, if you delete cookies, block cookies or use another device, your opt-out will no longer be effective.
You may post or upload materials, comments, reactions and other content or information to our Services, (collectively, “User Content”). If you post User Content on our Services, the User Content, as well as other information, such as your Ziggurat user ID and your feed may be available to all Ziggurat users. We cannot prevent such information from being used in a manner that may violate this Notice, our Terms of Service, the law, or your personal privacy.
Ziggurat is based in the United States and the information we collect is governed by U.S. law. The information we collect may be transferred to, used from, and stored in the United States or other jurisdictions in which we, our affiliates or service providers have operations; these jurisdictions may not guarantee the same level of protection of personal data as the jurisdictions in which you reside. By using the Services, you acknowledge and agree to any such transfer of information outside of the jurisdiction in which you reside.
We have implemented safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
You may modify a lot of personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or App for a period of time. We also may retain information that you updated or deleted as part of our routine backup procedures or related to our normal business operations, as well as required by law or as permitted by law for legitimate business purposes. For example, if you request that we delete your information but we believe that you have violated our Terms and Service we may retain information about you in order to attempt to resolve the issue before deleting it.
We may send periodic marketing emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to ten (10) business days for us to process your opt-out request. If you choose to opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us their personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use; such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year (so, requests submitted in 2018 would be applicable to relevant disclosures (if any) in 2017). If you are a California resident and would like to make such a request, please submit your request in writing by emailing us at [email protected], using the subject line “Request for California Privacy Information.” In your request, please attest to the fact that you are a California resident and provide a current California address. We will reply to valid requests by sending a response to the email address from which you submitted your request. Please note that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing and the relevant details required by the Shine the Light law will be included in our response.
Our Services are not designed for children under the age of thirteen (13) years. If we discover that a child under 13 has provided us with personal information, we will take steps to delete such information from our systems.
This Notice is current as of the Effective Date set forth above. We may change this Notice from time to time, so please be sure to check back periodically. We will post any changes to this Notice on our Site. If we make any changes to this Notice that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site, or email you at the address we have on file for you.
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at [email protected].