TERMS OF USE

ziPede Inc


The following terms and conditions constitute an agreement between you and ziPede Inc. ("ziPede," "we," or "us"), the operator of zipede.com (the "Site"). These terms of use (the "Terms of Use") govern your use of the Site, both as a casual visitor and as a registered user.


BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of Oregon any dispute that you may have with us, or the Site. Please note that we offer the Site "AS IS" and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf.


1. About the Site
Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services". Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that is provided to you on the Site may be provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist you with following appropriate medical care as directed by your qualified practitioner.


2. We Do Not Provide Medical Advice
The Information that you obtain or receive through your clinicians use of ziPede, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational purposes only. ziPede Inc only offers and delivers information selected for you by your health care professional. ziPede does not offer medical advice. You acknowledge and agree that content will be used by you only in conjunction with the guidance and care of your physician or other health care professionals that you chose to enroll with. You acknowledge and agree that all content (which includes all text, data, images, graphics, photographs, audio, video, software, information, programs, articles, stories, messages, information and other content contained on the website) is provided for informational purposes only and that neither you nor ziPede Inc intend the information to constitute;

a. medical advice or counseling,
b. the practice of medicine, including without limitation, psychiatry, psychology or psychotherapy,
c. the provision of health care diagnosis or treatment, or
d. the creation of a physician-patient or clinical relationship.


You further acknowledge and agree that, if you have any questions or wish to seek advice regarding a medical condition or any other matter related to the health or well being of yourself, your family, your child(ren) or your dependent(s), you will consult with your healthcare provider. If you are concerned about a medical condition, speak to your healthcare provider immediately. You agree not to put off obtaining medical advice, and that you will not ignore medical advice that you have been given, because of any Content viewed on the Website. ziPede Inc does not recommend any specific treatment, or guarantee the accuracy, completeness, or safety of any Content. Any action you may take as a result of any Content is taken at your own risk, and ziPede Inc disclaims any liability arising out of such action.

You acknowledge and agree that content will be used by you only in conjunction with the guidance and care of your physician. You further acknowledge and agree that, if you have any questions or concerns about content on our site you will consult with your physician before utilizing any content appearing on the Website.

IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, AND ARE WITHIN THE UNITED STATES, DIAL 911 IMMEDIATELY.

WHILE THE INFORMATION SET FORTH ON THIS WEBSITE (THE "SITE") IS OF A MEDICAL NATURE AND IS INTENDED TO EDUCATE INDIVIDUALS ABOUT THEIR PARTICULAR MEDICAL PROBLEMS AND ALTERNATIVE TREATMENTS AND WHILE SOME, BUT NOT ALL, OF IT HAS BEEN PREPARED BY BOARD-CERTIFIED MEDICAL DOCTORS, IT DOES NOT CONSTITUTE MEDICAL ADVICE TO ANY INDIVIDUAL PATIENT, NOR CAN OR SHOULD IT IN ANY WAY REPLACE PERSONALIZED CONSULTATIONS BETWEEN A PATIENT AND HIS OR HER HEALTHCARE PROVIDERS, NOR DOES IT CREATE ANY KIND OF DOCTOR-PATIENT RELATIONSHIP. IT IS INTENDED ONLY TO PROVIDE SOME GENERAL GUIDANCE TO MEDICAL CONSUMERS WITH RESPECT TO VARIOUS MEDICAL OPTIONS THAT MAY BE AVAILABLE, DEPENDING ON THE PATIENT'S INDIVIDUAL CIRCUMSTANCES. ACCORDINGLY, THE MATERIAL ON THIS SITE IN NO WAY CONSTITUTES OR SUBSTITUTES FOR ACTUAL CONSULTATION WITH OR DIAGNOSIS OR RECOMMENDATIONS BY A LICENSED PHYSICIAN, AND NO CONSUMER SHOULD RELY ON THE INFORMATION SET FORTH HEREIN TO THE EXCLUSION OF COMPETENT, PERSONALIZED MEDICAL ADVICE BY LICENSED PHYSICIANS AND OTHER HEALTHCARE PROVIDERS. THIS SITE AIMS TO ENHANCE UNDERSTANDING OF COMMON CONDITIONS OF THE BODY, AS A VALUABLE GUIDE FOR MEDICAL CONSUMERS AS THEY SEEK TO UNDERSTAND AND FOLLOW EFFECTIVE TREATMENT FOR THEIR MEDICAL PROBLEMS, BASED ON SUGGESTIONS DETERMINED BY VARIOUS STUDIES AND BEST PRACTICES, AS EXPLAINED IN LAYMAN'S TERMS.

STATED ANOTHER WAY; THIS SITE DOES NOT PROVIDE ACTUAL MEDICAL ADVICE ON AN INDIVIDUALIZED BASIS. THE CONTENTS OF THIS SITE, SUCH AS TEXT, GRAPHICS, IMAGES AND ALL OTHER INFORMATION SET FORTH HEREIN (THE "CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE, NOR CAN OR SHOULD IT EVER BE, A SUBSTITUTE FOR INDIVIDUALIZED PROFESSIONAL MEDICAL ADVICE, TESTS, DIAGNOSIS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, NOR DOES IT REPLACE THE NEED FOR ANY OTHER SERVICES PROVIDED BY MEDICAL PROFESSIONALS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR (AND, PREFERABLY, A RECOGNIZED SPECIALIST) BEFORE PURSUING ANY TREATMENT DESCRIBED HEREIN, AND ALWAYS SEEK THE ADVICE OF YOUR PERSONAL PHYSICIAN BEFORE TAKING A PRESCRIPTION OR OVER-THE-COUNTER DRUG OR FOLLOWING ANY TREATMENT OR OTHER MEDICAL REGIMEN. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH PROPER ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF ANYTHING YOU MAY HAVE READ ON THIS SITE.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. ziPede Inc DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES OR PHYSICIANS. AN INDIVIDUAL'S RELIANCE ON ANY INFORMATION PROVIDED HEREIN, WITHOUT THE CONSULTATION WITH AND APPROVAL OF YOUR PERSONAL PHYSICIAN, IS SOLELY AT YOUR OWN RISK. THE ABSENCE OF ANY WARNING HEREIN FOR ANY GIVEN TREATMENT OR DRUG OR COMBINATION OF DRUGS SHOULD NEVER BE CONSTRUED TO INDICATE THAT THE TREATMENT, DRUG OR COMBINATION IS ENTIRELY SAFE, EFFECTIVE OR APPROPRIATE FOR YOU OR ANY OTHER PATIENT. AGAIN, YOUR INDIVIDUALIZED CONSULTATION WITH AN APPROPRIATE PHYSICIAN IS ABSOLUTELY NECESSARY FOR THE EFFECTIVE DIAGNOSIS AND TREATMENT OF ANY MEDICAL PROBLEM YOU MAY BE EXPERIENCING.

THE USE OF THIS SITE AND THIS CONTENT IS AT YOUR OWN RISK. THIS SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS. ziPede Inc, AND ITS AFFILIATES, ASSOCIATES, AND CONTRIBUTORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL ziPede, OR ANY OF ITS AFFILIATES, ASSOCIATES OR CONTRIBUTORS, OR ANY THIRD PARTY MENTIONED ON THIS SITE, BE HELD LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES) FOR ANY PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM ANY USE OR MISUSE OF, OR ANY INABILITY TO USE, THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ziPede Inc IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, ziPede Inc DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ASPECT OF ANY INDIVIDUAL'S HEALTHCARE, WHETHER ADMINISTERED WITH THE AID OF ANY CONTENT CONTAINED HEREIN OR OTHERWISE.


3. No Doctor Patient Relationship
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, LINKS TO OTHER SITES. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.


4. Authorization and Acknowledgement
You are ultimately responsible for choosing your own healthcare provider. Your use of this site will be in conjunction with your chosen healthcare provider (physician, nurse, midlevel partitioner, therapist, counselor, pharmacist or other registered health professional using the ziPede Inc service). Content selections from our site (also called “zips”) are selected by and sent to you by your healthcare provider. While ziPede Inc and others may contribute to, produce or provide some of this content, the sole responsibility for the content is with your clinical health professional. That individual, or their qualified associate/agent, invited you to enroll and set up a personal and private ziPede account. Your acceptance of this invite as demonstrated by your enrollment, suggests, establishes and supports the existence of a qualified professional relationship with that individual. It does not suggest, establish, imply or support the existence of a therapeutic relationship with ziPede Inc.


5. Editorial Control
We make the Site available as a service to consumers and health care professionals for the purposes of providing an informative and educational resource. We may, but have no obligation to, have information reviewed by the Site. It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.

PRACTITIONER INFORMATION: Healthcare provider and practice information found on the Site is intended for general reference purposes only. Physician and other health provider information found on the Site is both self-reported, by the physician and/or office staff. Such information often changes frequently and may become out of date or inaccurate. ziPede Inc does not provide any qualification certification about any particular physician or provider.

PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services and devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.


6. Registration
As part of the registration process, you will provide an e-mail address, mobile phone number and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to info@zipede.com


7. Your Personal Information
In order to register, you must provide certain personal information about yourself. You may voluntarily submit, and hereby authorize ziPede Inc, its employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about you, including, without limitation, your name, address and contact information; and other information that is either requested by ziPede Inc or volunteered by you ("Personal Information"). The ziPede Inc Privacy Policy explains the information practices that apply to Personal Information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.


8. Your Responsibilities
You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

  • copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
  • access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;
  • reformat or frame any portion of the web pages that are part of the Site and/or the Services;
  • fraudulently misuse the Services by scheduling an appointment with a physician which you have no intention of keeping;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.


9. Changes to These Terms of Use
We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site with notice of the changes. Your continued use of the Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms of Use, the modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following receipt of notification of any modifications hereto, then please do not use the Site.


10. Changes to the Services
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Use. You agree that ziPede Inc will not be liable to you or any third party for any suspension or discontinuation of any of the Services.


11. Links to Other Sites
The Site may include links to other websites. ziPede Inc has no control over such websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these sites or the products and services they provide. You agree that ziPede Inc is not responsible for the availability of such websites and is not liable, directly or indirectly, for any third party website content including without limitation any advertising, goods or services, or other materials on or available from such websites, or for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content. ziPede Inc disclaims any endorsement or recommendation of such websites and / or the products or services they offer. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.


12. Transactions with Others
ziPede Inc does not endorse, and disclaims any endorsement of third party products or services displayed on the Website. ziPede Inc is not liable for:
a. your interactions with any entity and/or individual on or through the Website, including but not limited to interactions involving the payment and delivery of goods and services, or b. any other terms, conditions, warranties or representations associated with such dealings. You agree that ziPede is not responsible for any damage or loss incurred as a result of any such dealings, and you agree to indemnify and defend ziPede from any claims made against it, including without limitation, money damages, attorney fees and costs.


12. Additional Terms
Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Use. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.


13. No Spam
You may not use contact information provided by our users or collaborating physicians, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions. We reserve the right to publish your Posted Information as part of the Service and to also to remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on.


Specific to Healthcare Providers:
u are solely responsible for any Posted Information that you submit, publish or display on the Site or transmit to other members and/or other users of the Site. You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information. Copyright laws apply to content that is posted. Follow appropriate use and parent site or author guidelines when posting content in your library. Author credit and approval guidelines should be followed when linking to or posting content. Altering content without clearly indicating such changes is not acceptable and a violation of best practices.

You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by ziPede Inc. You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity. You understand and agree that ziPede Inc may (but is not obligated to) review and delete any Posted Content that in the sole judgment of ziPede Inc violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.

This license is non-exclusive, except you agree that ziPede Inc shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other ziPede Inc users for purposes of constructing or populating a searchable database of reviews and information related to the health care industry.

The following is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. ziPede Inc reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Site. You may not post content that:

  • is false or intentionally misleading;
  • harasses or advocates harassment of another person;
  • involves the transmission of unsolicited mass mailing or "spamming";
  • violates the intellectual property or other rights of any person;
  • is threatening, obscene, defamatory or libelous; or
  • is pornographic or sexually explicit in nature.

14. Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ziPede Inc.’s expressed written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without ziPede Inc express written consent.


Restricted access
Access to certain areas of this website is restricted. ziPede Inc reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at ziPede Inc discretion. If ziPede Inc provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

ziPede Inc may disable your user ID and password in ziPede Inc sole discretion without notice or explanation.


User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ziPede Inc or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

While, at this time, do not restrict or limit the amount of content that you submit, it should be consistent with reasonable usage. We reserve the right to define reasonable usage. Best health education practices generally suggest that focused concise content is received and retained better by patients. For example a 2 minute audio or video is more likely to be fully viewed by a patient than a 10-15 minute audio or video. Again, at this time we are not restricting usage, but do reserve the right to modify charges based on your usage at it pertains to storage of content on our site. ziPede Inc reserves the right to remove any material submitted to this website, or stored on ziPede Inc servers, or hosted or published upon this website.

Notwithstanding ziPede Inc rights under these terms and conditions in relation to user content, ziPede Inc does not undertake to monitor the submission of such content to, or the publication of such content on, this website. Except for Posted Content that you or any other visitors to the Site submit, all of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain ziPede Inc’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, ziPede Inc and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by ziPede Inc to you are retained by ziPede Inc.


15. Disclaimer of Warranties
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ziPede Inc MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ziPede Inc DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.


16. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $30. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.


17. Termination
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. ziPede Inc shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination. Sections 2, 3, 4, 12, 14, 15, 16, 17, 18 and 20 through 23 shall survive any termination or expiration of these Terms of Use.


18. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.


19. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.


20. Entire Agreement
These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of ziPede Inc to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.


21. Choice of Law and Dispute Resolution
If there is any dispute about or involving the Website, you agree that the dispute will be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You agree to personal jurisdiction by, and venue in the Circuit Court of the State of Oregon, in the County of Deschutes, and, to the extent that federal courts of the United States have jurisdiction, to the US District Court for Oregon. You agree that service of process through certified mail or overnight delivery by a post office service company is sufficient to establish service. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.


Notices
Except as otherwise stated, any notice to us shall be given by certified mail to 339 SW Century Drive, Suite 203, Bend, OR 97702 and any notice to you shall be given to the email address or to the mailing address that you provided us during the registration process. Notice shall be considered given 48 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given five (5) days after the date of mailing.


22. Assignment
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Use to any one else and any attempt to do so in violation of this section shall be null and void.


23. Eligibility
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. As allowable by state and/or federal law, minors may, themselves, consent for specific health services (examples: mental health services or treatment of sexual transmitted infections) and receive information about that treatment confidentially from their health care provider. If deemed appropriate by the healthcare provider and in compliance with legal statutes, minor patients may register for an account with their healthcare provider and receive information directly from their provider. If you are under the age of 13, you may not use the Site or Services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to "you" shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and user's are responsible for compliance with any local laws applicable to their use of the Services or the Site.


24. Refund Policy
All sales are final.


25. Trademarks
All trademarks, logos, service marks and trade names are proprietary to ziPede Inc. or third parties. You are prohibited from using any trademark, service mark, trade name or logo displayed on the Website without the prior written consent of owner.


Contacts
If you have any comments, concerns or questions about this Terms of Use, please contact us at info@zipede.com or:

ziPede Inc.
339 SW Century Drive
Suite 203
Bend, OR 97702

Last Updated on December 28, 2013.
Copyright © 2017 ziPede Inc. All Rights Reserved