MOBILE APPLICATION END USER LICENSE AGREEMENT

IMPORTANT – READ CAREFULLY.  YOUR USE OF ANY DOWNLOADABLE SOFTWARE PRODUCTS, FEATURES OR SERVICES AVAILABLE ON OR THROUGH THE ZEDIC MOBILE APPLICATION IS CONDITIONED UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON THE ACCEPT BUTTON OR SIMILAR BUTTONS OR LINKS AS MAY BE DESIGNATED BY THE OWNER TO SHOW THESE TERMS AND/OR TO INSTALL THE SOFTWARE, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE MOBILE APPLICATION AND THE ASSOCIATED SERVICES UNLESS AND UNTIL YOU ACCEPT THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT THE OWNER MAY CREATE AND MAKE AVAILABLE ON THIS WEBSITE FROM TIME TO TIME.

You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent and you agree your registration data is current, complete, and accurate. This Agreement will commence on the date that you complete the installation of the Mobile Application (the "Effective Date").

1. DEFINITIONS.

1.1  "Content" means any content, including but not limited to photographs, caricatures, illustrations, designs, icons, articles, text, audio clips and video clips.

1.2 "Partner Company" means a company that provides the Content, Mobile Application and/or associated Services by way of a co-branded or private label mobile application or website.

1.3 "Mobile Application " means ZHH’s Zedic Mobile Application designed to enable the User to obtain information related to certain potential community health issues.

1.4   “Owner” means Zero Hour Health, a Corporate Wellness, Inc. company, that owns the Mobile Application.  Owner may also be referred to herein as “ZHH.”

1.5 "Software" means the Mobile Application and any associated delivery method for the Content, including, but not limited to, the Website.

1.6 "User" refers to a person or entity that has downloaded the Mobile Application.

2. DELIVERY OF SOFTWARE/SUBSCRIPTION. You will download and install the Mobile Application from the Apple App Store (for iPhone/iPad use) or the Google Store (for Android device use). During the term, ZHH may, in its sole discretion, notify you that it has released an updated version of the Mobile Application (the "Updated Software"). Upon your receipt of such notification, you agree to download the Updated Software and to use the Updated Software instead of the prior version. Any Updated Software will also be considered "Software" for purposes of this Agreement.  Prior to accessing any Content on the Mobile Application, you shall be required to create an account for each User on the Mobile Application and subscribe to receive Content.  The subscription shall be charged on a monthly basis via ZHH’s payment processor as detailed in the ZHH Terms and Conditions.  

3.  FUNCTION; SUBMISSION; PRIVACY:  As a User, you may access the Software’s Content (including electronic documents) and access the “chat” function, which will allow you to discuss certain community health and wellness issues with a ZHH agent.  The statements of any ZHH Agent in the “chat” function is for informational purposes only and is not intended and not given as medical advice.  You are not allowed to rely on such information for any medical purpose whatsoever.  You are required to contact a medical professional for advice or treatment regardless of any communication from ZHH or the App. You will not be granted access to any on-call medical professionals (nurses, physicians, etc.) or real-time information.  Your use of the Content is at your own risk and is provided for informational purposes only.  Any private information presented to ZHH by the User is subject to the Privacy Policy.  ZHH shall not be responsible for any private information protected under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and does not collect or store such information.  Any information provided to it from a User which is HIPAA protected shall subject the User to provide a full indemnity and defense to ZHH in the event such information is disseminated or otherwise used in any manner contrary to HIPAA.  

4. LICENSE. ZHH hereby grants to you a royalty-free, nonexclusive, non-transferable internal use license under copyright to use, display, execute, and perform the Software during the term of this Agreement for the sole purpose of reviewing Content provided by ZHH pursuant to this Agreement. You agree that you will not (a) reproduce, modify, distribute, transfer, disclose, or make available to any third party any portion of the Software (or any related user manuals, documentation, screenshots or prints) in any form; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software; or (c) publish any performance or benchmark tests or analyses relating to the Software or the use thereof. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software; provided, however, that you must first request such information from ZHH and ZHH may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on such use of the Software to ensure that ZHH’s proprietary rights in the Software are protected.

5. TITLE.  ZHH shall retain all right, title and interest in the Software, the Mobile Application and in all intellectual property rights therein.  No license or other rights of any kind are granted or conveyed except for the limited internal license expressly provided herein. You shall not offer, loan, transfer, encumber, sell or otherwise dispose of the Software to any third party without having received prior written authorization from ZHH. If you do so, the transfer will be deemed void.

6. TERMINATION. This Agreement and the licenses granted hereunder shall terminate immediately if you breach any term or condition hereof. In the event of a termination of this Agreement, (a) those sections that by their nature are intended by the parties to survive shall survive and continue in effect to the extent necessary to protect the rights of the parties and you shall cease all use of the Software.

7. DISCLAIMER OF WARRANTIES RELATED TO SOFTWARE. YOU ACKNOWLEDGE THAT THE SOFTWARE PROVIDED MAY CONTAIN BUGS AND ERRORS. THE SOFTWARE PROVIDED TO YOU "AS IS" AND ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAW, ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. DISCLAIMER OF WARRANTIES RELATED TO CONTENTYOU ACKNOWLEDGE THAT THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND NEITHER ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES NOR ITS PRINCIPALS, OWNERS, AGENTS, ATTORNEYS, ADVISORS, ETC. HAVE MADE ANY WARRANTY OR GUARANTEE TO YOU REGARDING THE ACCURACY, EFFECTIVENESS OR RELIABILITY OF ANY CONTENT PROVIDED VIA THE SOFTWARE OR THAT SUCH CONTENT IS A SUBSTITUTE FOR MEDICAL ADVICE OR ASSISTANCE.  YOU ACKNOWLEDGE THAT YOUR USE, INTERPRETATION AND APPLICATION OF THE CONTENT IS AT YOUR OWN RISK.  ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES REQUIRE YOU TO SEEK PROFESSIONAL MEDICAL ATTENTION OR ADVICE FOR ANY TOPIC FOR WHICH YOU UTILIZE THE SOFTWARE.  ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES HEREBY DISCLAIM ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY INFORMATION, STATEMENTS, THOUGHTS, PRACTICES, ETC. PROVIDED TO YOU AS CONTENT VIA THE SOFTWARE.  YOU EXPRESSLY WAIVE ANY RIGHT OR CLAIM YOU MAY HAVE OR ANY THIRD-PARTY MAY HAVE THROUGH YOU AGAINST ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED RELATED TO YOUR USE OF THE SOFTWARE, THE CONTENT OR ITS APPLICATION. 

9. LIMITATION OF LIABILITY. YOU AGREE THAT TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAW, ZHH SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU, YOUR CUSTOMERS, YOUR EMPLOYEES, YOUR CONTRACTORS, YOUR AFFILIATES OR ANY THIRD PARTIES CAUSED BY FAILURE OF THE SOFTWARE TO FUNCTION, THE CONTENT, THE INTERPRETATION OF THE CONTENT, ANY FAILURE TO SEEK PROFESSIONAL MEDICAL ATTENTION OR ADVICE, OR ANY OTHER ACT OR OMISSION OF YOU IN RELATION TO THE SOFTWARE.  IT IS THE EXPRESS INTENT HEREOF THAT THE SOFTWARE, THE CONTENT AND THE INFORMATION PROVIDED THEREBY IS FOR INFORMATION PURPOSES ONLY AND SHALL NOT BIND ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES IN ANY WAY TO ANY DAMAGES RELATED THERETO.  FURTHERMORE, IN NO EVENT WILL ZHH BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, COST OF SUBSTITUTE GOODS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OF THE SOFTWARE, THE CONTENT OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF ZHH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF ZHH ARISING FROM OR RELATING TO THIS AGREEMENT AND THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD OR OTHER LEGAL THEORY) IS LIMITED TO THE AMOUNTS PAID BY YOU TO ZHH DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10. CONFIDENTIALITY. ZHH considers the Software, the Content and any technical information, evaluation or reports supplied to you to be proprietary, and you agree to treat the Software as confidential material in a manner no less protective than you use to protect your own similar assets, but in no event will you use less than reasonable care to protect the Software. Except as provided herein, you agree not to permit any third party access to the Software or Mobile Application without a Subscription, nor grant access to any materials generated by ZHH or posted on the Mobile Application without ZHH’s prior written approval.

11. GENERAL PROVISIONS.

11.1 Feedback. In the event that you provide Company with feedback regarding the use, operation or functionality of the Software ("Feedback"), including but not limited to information about operating results, known or suspected bugs, errors or compatibility problems, or desired features, you hereby assign to ZHH all rights in the Feedback and agree that ZHH shall have the right to use the Feedback and related information in any manner it deems appropriate.

11.2 Governing Law, Venue and Arbitration. This Agreement shall be governed by the laws of the State of without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and ZHH agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in New York, New York (USA) and the federal courts located in the Southern District of New York (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. You acknowledge that any breach of this Agreement by you would cause irreparable injury to ZHH for which monetary damages would not be an adequate remedy and, therefore, ZHH will be entitled to seek injunctive relief (including specific performance) in any court of competent jurisdiction.

11.3 Severability; Language. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language.

11.4 No Assignment. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ZHH’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

11.5 Export. You agree not to export, directly or indirectly, the Software, any U.S. technical data acquired from ZHH, or any products utilizing such data to countries outside the United States, which export may be in violation of the United States export laws or regulations.

11.6 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

11.7 Entire Agreement. This Agreement including the ZHH Terms and Conditions and the Privacy Policy, which are hereby incorporated by reference, is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by the party to be charged (which, in the case of the ZHH, shall require the signature of a duly authorized officer of the ZHH).

11.8  Trademarks.  Zedic and the Zedic logo are all trademarks of Zero Hour Health, a Corporate Wellness, Inc. company.

11.9  Copyright.  All content hosted on the Mobile Application is owned by ZHH or the copyright holder and is used by ZHH with permission.  Any unauthorized use, transmission or reproduction without the express written permission of ZHH and the copyright holder is expressly prohibited.

TERMS AND CONDITIONS

Zero Hour Health, a Corporate Wellness, Inc. company, through the Zedic mobile application, provides Users specific content, information and related statements regarding certain health wellness situations, (referred to as “Content” as applicable in these Terms and Conditions and other user policies). The services offered by ZHH ("ZHH", "us" or "we") include the Content and the Zedic Mobile Application for your app-enabled mobile device ("App") and any other features, content, or services offered from time to time by ZHH in connection with the App (collectively, the "Services").

This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement as a User.

BY ACCESSING THE APP AND THE CONTENT AND SERVICES OFFERED ON THE APP, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS AND THE ZHH PRIVACY POLICY WHICH ARE HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE APP AND THE CONTENT OR SERVICES OFFERED VIA THE APP.

You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and/or the entity that you purport to represent.

Additional Terms. In order to participate in or receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate or that you choose to receive, those additional terms are hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and conditions posted for a specific area of the App or in connection with a Service, the latter shall have precedence with respect to your use of that area of App or Service.

Amendments. ZHH may modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by ZHH, (2) for existing Users, thirty (30) days after posting by ZHH, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after ZHH sent an e-mail containing a notification of such modifications and the continued use of the Services by the User thereafter, which shall constitute the User’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.

1. Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your ZHH Account (the "Account") may be deleted without warning if we believe that you are younger than thirteen (13).  By registering for an Account, you consent to receive any and all communications (via email, push notification, standard mail, facsimile, etc.) from ZHH, its parents, subsidiaries or affiliated entities.

2. Term. This Agreement shall remain in full force and effect while you use the Services or are a registered User. You may delete your Account at any time, for any reason by following the instructions on the App. ZHH MAY TERMINATE YOUR ACCOUNT AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE THEN-CURRENT E-MAIL ADDRESS IN YOUR ACCOUNT PROFILE. Even after any termination, the terms of this Agreement will remain in effect. You understand that termination of this Agreement and your Account involves deletion of your ZHH profile information from our live databases. ZHH will not have any liability whatsoever to you for any termination of your Account or related deletion of your information.

3. Fees. You acknowledge that ZHH reserves the right to charge for Services and to change its fees from time to time in its discretion, upon posting by ZHH in the App. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to ZHH as set forth in the App, which may utilize third-party services (Smooch, Stripe, etc.) for the collection and processing of such Fees.  Fees will be charged on a monthly basis until your account is cancelled or terminated.  

4. Conditions of Use.

4.1 Eligibility; Credit Card Terms. To utilize the App, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give to ZHH’s payment processor a valid credit card number (VISA, MasterCard, American Express or any other issuer then acceptable by such processor) and associated payment information including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. ZHH currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before ZHH’s payment processor invoices the credit card for all amounts then due and payable. By providing ZHH’s payment processor with your credit card number and associated payment information, you agree that ZHH’s payment processor is authorized to immediately invoice your account for all fees and charges then due and payable to ZHH, including any recurring monthly Fees. You agree to immediately notify ZHH and its payment processor of any change in your billing address or the credit card used for payment hereunder. ZHH reserves the right, at any time, to change its prices and billing methods either immediately upon posting in the App or by e-mail delivery to you.

4.2 Fees and Charges. You agree to pay all fees and charges incurred in connection with your Account (including any taxes which may be imposed on such charges) at the rates in effect when the charges were incurred. 

4.3 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement, or such dispute will be deemed waived. Billing disputes should be notified to the following address:  ZHH, 1200 High Ridge Road, Stamford, Connecticut 06095. If ZHH does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by ZHH or its agents.

5. Password. When you sign up to become a User, you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another User at any time. You agree to notify ZHH immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account.

6.  Content.  ZHH and its licensors (including Users) own and retain all proprietary rights in the Content and the Services. ZHH hereby grants you a limited, revocable, non-sublicensable license to utilize the Content (excluding any software code) solely for your personal use in connection with viewing the App and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, and otherwise use the Content.

7.  Your Content and Activity. The App may contain a “chat” function where you may interact with ZHH agents.  You are solely responsible for any submissions that are posted by or through your Account on any Services including any e-mail or chat.  You agree that ZHH retains the right to create limits on ZHH's archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.

8.1 Prohibited Content. You agree that you will not post or submit on the App any Prohibited Content. "Prohibited Content" includes content that ZHH deems: (i) is offensive, pornographic, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (x) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, anti-discrimination and false advertising; (xi) involves commercial activities that are detrimental to the interests of ZHH; or (xii) otherwise violates this Agreement or creates liability for ZHH. You agree to indemnify and hold ZHH and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.

8.2 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.

8.3 User Interaction. You will not use (a) the Services and (b) any information obtained from the Services in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.

8.4 No Disruption. You will not: (i) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (ii) introduce software or automated agents to the Services, generate automated messages, or to strip or mine data from the Services.

8.5 Miscellaneous. You will not attempt to impersonate another User or person, including any employee of ZHH. You will use the Services in a manner consistent with any and all applicable laws and regulations.

8.6 Enforcement by ZHH. ZHH has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of ZHH violates this Agreement; is Prohibited Content, is illegal, violates the rights, harms, or threatens the safety of any User or any other person; or creates liability for ZHH, its suppliers, service providers, partner companies, or any User. ZHH reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Prohibited Content from the Services, terminating your membership, reporting you to law enforcement authorities, and taking legal action against you.

9. DISCLAIMER OF WARRANTIES RELATED TO SOFTWARE. YOU ACKNOWLEDGE THAT THE SOFTWARE PROVIDED MAY CONTAIN BUGS AND ERRORS. THE SOFTWARE PROVIDED TO YOU "AS IS" AND ANY USE OF THE SOFTWARE IS AT YOUR OWN RISK. TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAW, ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. DISCLAIMER OF WARRANTIES RELATED TO CONTENTYOU ACKNOWLEDGE THAT THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND NEITHER ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES NOR ITS PRINCIPALS, OWNERS, AGENTS, ATTORNEYS, ADVISORS, ETC. HAVE MADE ANY WARRANTY OR GUARANTEE TO YOU REGARDING THE ACCURACY, EFFECTIVENESS OR RELIABILITY OF ANY CONTENT PROVIDED VIA THE SOFTWARE OR THAT SUCH CONTENT IS A SUBSTITUTE FOR MEDICAL ADVICE OR ASSISTANCE.  YOU ACKNOWLEDGE THAT YOUR USE, INTERPRETATION AND APPLICATION OF THE CONTENT IS AT YOUR OWN RISK.  ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES REQUIRE YOU TO SEEK PROFESSIONAL MEDICAL ATTENTION OR ADVICE FOR ANY TOPIC FOR WHICH YOU UTILIZE THE SOFTWARE.  ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES HEREBY DISCLAIM ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY INFORMATION, STATEMENTS, THOUGHTS, PRACTICES, ETC. PROVIDED TO YOU AS CONTENT VIA THE SOFTWARE.  YOU EXPRESSLY WAIVE ANY RIGHT OR CLAIM YOU MAY HAVE OR ANY THIRD-PARTY MAY HAVE THROUGH YOU AGAINST ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED RELATED TO YOUR USE OF THE SOFTWARE, THE CONTENT OR ITS APPLICATION. 

11.  LIMITATION OF LIABILITY. YOU AGREE THAT TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAW, ZHH SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU, YOUR CUSTOMERS, YOUR EMPLOYEES, YOUR CONTRACTORS, YOUR AFFILIATES OR ANY THIRD PARTIES CAUSED BY FAILURE OF THE SOFTWARE TO FUNCTION, THE CONTENT, THE INTERPRETATION OF THE CONTENT, ANY FAILURE TO SEEK PROFESSIONAL MEDICAL ATTENTION OR ADVICE, OR ANY OTHER ACT OR OMISSION OF YOU IN RELATION TO THE SOFTWARE.  IT IS THE EXPRESS INTENT HEREOF THAT THE SOFTWARE, THE CONTENT AND THE INFORMATION PROVIDED THEREBY IS FOR INFORMATION PURPOSES ONLY AND SHALL NOT BIND ZHH, ITS PARENTS, SUBSIDIARIES AND AFFILIATED ENTITIES IN ANY WAY TO ANY DAMAGES RELATED THERETO.  FURTHERMORE, IN NO EVENT WILL ZHH BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, COST OF SUBSTITUTE GOODS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OF THE SOFTWARE, THE CONTENT OR IN CONNECTION WITH ANY OTHER CLAIM ARISING FROM THIS AGREEMENT, EVEN IF ZHH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF ZHH ARISING FROM OR RELATING TO THIS AGREEMENT AND THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD OR OTHER LEGAL THEORY) IS LIMITED TO THE AMOUNTS PAID BY YOU TO ZHH DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. Release. You hereby release ZHH, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.

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

13. Indemnity. You agree to defend, indemnify, and hold ZHH, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services, your violation of this Agreement and/or arising from your breach of any provision of this Agreement.

14. Electronic communications. The communications between you and ZHH use electronic means, whether you visit the App or otherwise use the Service or send ZHH e-mails, or whether ZHH posts notices on the App or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from ZHH in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ZHH provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.

15. U.S. Export Controls. Content and software available in connection with the Services (the "Software") is further subject to United States export controls. No Content or Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Content and Software, you represent and warrant that such download or use is not in violation of any such law.

16. Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You and ZHH agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in New York, New York (USA) and the federal courts located in the Southern District of New York (USA) in such legal action or proceeding. The application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, ZHH may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from New York law, including the laws governing what can legally sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Services.

17. Relationship of Parties. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement that would reasonably contradict anything in this section.

18. Notices. ZHH may give any notice required by this Agreement by means of a general notice on the Website, electronic mail to your e-mail address on record with ZHH, or by written communication sent by first class mail or pre-paid post to your address on record with ZHH. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to ZHH at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to ZHH at the following address: 1200 High Ridge Road, Stamford, Connecticut 06095.

19. Force Majeure. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any "act of God."

20. Other. This Agreement is accepted upon your use of the App or any of the Services or when you register to become a User. This Agreement, including the Mobile Application End User License Agreement and the Privacy Policy which are incorporated by reference, constitutes the final, complete and exclusive agreement between you and ZHH regarding the subject matter hereof and supersedes and merges all prior discussions between the parties. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of ZHH to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties of this Agreement have expressly required that the present Agreement be drawn up in the English language. Please contact us with any questions regarding this Agreement. You may also receive a copy of this Agreement in (in ASCII text format) by contacting us via ZHH’s general support form.

25. Copyright/Trademark Information. Copyright ©2019, Zero Hour Health, a Corporate Wellness, Inc. company.  All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the App or in connection with the Services are the property of ZHH or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.

Cookies and Tracking Technologies

ZHH and its partners use cookies or similar technologies to analyze trends, administer the App, track users’ movements around the App, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our App or service.

We may use Cookies to collect information about you.

What is a cookie?

"Cookies" are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. For example, we may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the App or Services. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of the App or Services may not work properly. We encode our Cookies so that only we can interpret the information stored in them. For more information about removing or rejecting Cookies, please see "Your Choices Regarding Your Personal Information" below.

ZHH may also collect information via clear gifs or web beacons (also known as "tracking pixels") that help us better manage content on App and Services by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to Cookies, and are used to track the online movements of Web users. In contrast to Cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages.

How do we use cookies?

Cookies do lots of different jobs on our App, such as letting you navigate between pages efficiently, remembering your preferences, remembering your email and password, letting us analyze how well our App is performing, and improving your experience. They also help ensure that advertisements you see whilst you are on our App are more relevant to you and your interests

What cookies do we use?

Below we have provided a list of the categories of Cookies found on our App, and a description of what those Cookies do. Some of these Cookies are essential to the operation of our Services. Others are not essential, but help to improve our App by collecting [anonymous] user information, or try and improve your experience of our App by remembering your choices. We also use cookies, which collect information about your browsing habits in order to try, and display advertising, which is relevant to you and your interests.

We use the following types of Cookies:

Strictly Necessary Cookies We use a number of Cookies, which are essential to the operation of our App and Services. For example, these types of Cookies enable you to log into secure areas of the Services, provide the necessary security when you access our App or Services, and help ensure the content of the pages you request load quickly. Without these cookies, services that you have asked for cannot be provided.

Functional Cookies: Functional Cookies are ones that we set to help the Services work the way you expect them to. Some Cookies are necessary to enable you to move around our App and/or to use the Services. Without these Cookies, we can't provide the Services you have asked for, like processing payments made via our online store.

We use other Cookies to help recognize and remember you when you are logged into our Services so we can remember your settings and preferences, such as your language and region or logged in state. These Cookies also may help us provide services you have asked for.

As described below, you may disable any of these functional Cookies; but if you do so, then various functions of the Services may be unavailable to you or may not work the way you want them to.

Performance and Analytical Cookies:

Advertising and Web Analytic Tools

As is true of most Apps, we gather certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.

We use third-party advertising and/or web analytics companies to serve ads and/or to provide us web analytics when you visit our App or Services. These companies may use information about your visits to this and other Apps (e.g., through the use of Cookies) in order to provide advertisements about goods and services of interest to you, to provide us analyses of how our App is used. Although we do not authorize these third parties to collect your Personal Information from our App or Services, they may associate data collected about your use of our App or Services with the Personal Information they have collected about you from other Apps.

For more information about third-party advertising and how to exercise your choices regarding advertising customization by third-party ad networks on our Services, visit the Network Advertising Initiative's App here.

Google Analytics Our App uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses Cookies to help the App analyze how users use the App and Services. The information generated by the Cookie about your use of the App and Services will be transmitted to and stored by Google on servers in the United States.

In case IP-anonymization is activated on this App, your IP Address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP Address will be first transferred to a Google server in the USA and truncated there. The IP-anonymization is active on this App.

Google will use this information on behalf of the operator of this App for the purpose of evaluating your use of the App, compiling reports on App activity for App operators and providing them other services relating to App activity and Internet usage.

The IP Address that your Browser conveys within the scope of Google Analytics will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this App. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser: https://tools.google.com/dlpage/gaoptout?hl=en

For further information please visit:

Your Choices Regarding Your Personal Information

We offer you the following choices regarding the collection, storage, use, and sharing of your Personal Information:

Promotional Communications: You have the right to ask us not to process Personal Information for marketing or promotional purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. When you receive promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the communication you receive or by contacting us directly (please see contact information below). Despite your indicated preferences, we may still send you non-promotional communications regarding the services we provide to you, such as transaction reports, and notices regarding changes to the App or Services. In any case we may send updates to our Terms of Use, Privacy Policy or other policies.

Cookies: Most web browsers are set to accept Cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser Cookies.

Managing Cookies

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Here’s how to do it:

Please note that if you choose to remove or reject Cookies, this could affect the availability and functionality of the Services. For further information about cookies, including how to refuse Cookies, please visit www.allaboutcookies.org .You may change any of the Personal Information in your account by editing your online profile or by sending an email to us at the email address set forth below.

Regarding Minors

If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavor to delete that information and terminate the child's account from our databases. We do not intentionally gather Personal Information about visitors who are under the age of 13.

Other Sites

Our provision of a link to any other App or location is for your convenience and does not signify our endorsement of such other App or location or its contents. We have no control over, do not review, and cannot be responsible for these outside Apps or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside Apps.

Mobile Application

When you download and use our Services, we automatically collect information on the type of device you use, operating system version, and the device identifier (or "UDID").

We do not ask you for, access or track any location based information from your mobile device at any time while downloading or using our Mobile Apps or services.

We use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile app.

Security

ZHH is committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized or unlawful access, use, or disclosure and against accidental loss or destruction of, or damage to, such Personal Information.

ZHH has implemented industry-standard electronic means of protecting your Personal Information. We store Personal Information behind a computer firewall, a barrier designed to prevent outsiders from accessing our servers, and we have implemented technology to detect intrusions. We also require you to enter a password to access your account information. In addition, ZHH protects your Personal Information from unauthorized physical access by storing your Personal Information in a controlled facility.

Except as provided elsewhere in this Privacy Policy, ZHH limits access to Personal Information in electronic databases to those persons (including employees and contractors) in ZHH’s organization who have a business need for such access. Lastly, we conduct periodic internal audits and vulnerability scans to ensure compliance with these security measures and generate security incident logs that track Information useful in screening for attempted abuse of or unauthorized access to your Personal Information.

Even though ZHH has taken significant steps to ensure that your Personal Information is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that ZHH cannot fully eliminate security risks associated with Personal Information. If you have any questions about the security of your personal information, you can contact us at 1-866-252-0393.

Contact Us

Should you have any questions or concerns regarding this Privacy Policy, please contact us through Customer Support or:

Zero Hour Health, a Corporate Wellness, Inc. Company

1200 High Ridge Road

Stamford, Connecticut 06905

866-252-0393

info@zerohourhealth.com