ZP Challenge Terms of Service

ZP Group Terms of Service

This Agreement is between ZP Group, Inc. (“ZP Group”), creator of the ZP Challenge App (the “App”), and users of the App and other individuals who access or view materials or content on the ZP Group’s website (together, “you” or “User”). This Agreement explains the scope of the services provided by ZP Group and your obligations as a User.

  1. Scope of Services. The services provided by ZP Group include the content, materials, features, tools, and programs designed to enrich and facilitate your life choices including improving your choices related to food, fitness, family, and finances. These services include online materials, tools, educational resources found on the ZP Group website and the App (together, the “Services”).
  2. Sponsors. ZP Group is a contractor for various parties that promote the Services, known as “Sponsors.” These Sponsors may promote the Services to their employees and others in their community.
  3. Use of User Data. By using the Services, you grant ZP Group permission to use your Information according to the terms of the ZP Group Privacy Policy (available at zpchallenge.com/privacy).
  4. Acceptance of Terms; Amendment. By using the Services, you agree to be bound by and comply with these Terms of Service. ZP Group may amend or modify these Terms of Service at any time, for any reason, without notice or liability. Changes are effective immediately upon posting to the ZP Group website (zpchallenge.com/tos). It is your responsibility to review these Terms of Service prior to use of the Services. Your continued use of the Services now, or following the posting of any changes, indicates your acceptance.
  5. Termination. ZP Group may, without notice or liability, change, suspend, or discontinue any portion of the Services at any time, including your access to the Services or the availability of any feature or content. If you find any of these Terms of Service or any future changes unacceptable, you may discontinue your use of the Services and cancel your registration by uninstalling the App and contacting support@zpchallenge.com.
  6. Use of Services. As a User, you are granted permission to use the Services exclusively for your personal use.
  7. User Conduct. You are responsible for maintaining the confidentiality of your login and registration information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are solely responsible for all activities that occur under your account. You will use the Services in a manner consistent with all applicable local, state, federal, and international laws and regulations. You may not hold yourself out to be, in any way, sponsored by, affiliated with, or endorsed by ZP Group, any of its affiliates, or any of its service providers.
  8. License; Proprietary Rights.
    • No License to User. ZP Group does not grant you any license or rights to the proprietary software, tools, or content that are part of the Services.
    • Protected Rights. Certain ZP Group content provided in the Services may be protected by copyright, trademark, patent, and other proprietary rights. You may not modify, publish, transmit, reproduce, create new works from, distribute, or display the Services, content, or any trademarks, service marks, or other intellectual property. You may not adapt, translate, modify, decompile, or reverse engineer any part of the Services.
    • Comments and Feedback. ZP Group welcomes your feedback, but you are under no obligation to provide it. All comments, feedback, ideas, questions, or suggestions that you submit to ZP Group will be considered non-proprietary and may be used by ZP Group without any obligation to compensate you for them or give you attribution.
    • License to ZP Group. By your use of the Services, you grant to ZP Group a non-exclusive, perpetual, royalty-free, transferable, irrevocable, and fully sub-licensable worldwide license to copy, publish, distribute, adapt, transmit, display, perform, reproduce, modify, license, and create derivative works from, in any media now known or later created, any information that you submit during your use of the Services. This license includes your submissions, reviews, pictures, and user stories. ZP Group may choose to provide attribution to you at its sole discretion.
  9. ZP Guide Support
    • Limitation Texting on the ZP app or calling the ZP hotline at 855-934-3897 is intended for inquiries by individuals interested in or participating in the ZP Challenge who have questions about the ZP Challenge. These resources are not a substitute for professional advice from someone like a doctor, counselor, or nutritionist. Nor are they intended for crisis situations. If you are experiencing an emergency, please contact 911.
    • No Private or Confidential InformationPlease do not disclose any private or confidential information in either text messages or on the phone support line.
    • Technical Limits and Use of Data or Voice Allowance To send a text message to the ZP Line, click the text icon on the app or send your message directly to 855-934-3897 from your phone’s text application. Message and data rates may apply. Text messages should contain no more than 160 characters. Messages with special characters such as accents may prevent the delivery of your message. Please avoid special characters when texting. Before texting, please confirm that you have a plan and carrier that supports text messaging. For example, some prepaid phones may not include texting.
    • No Guaranteed Response Time The ZP guides that staff the text message and response line will try to respond to your message as soon as practical. Response is not guaranteed, however.
  10. No Warranties.
    • Services Provided “As-Is.” Services are provided “as-is” and ZP Group disclaims any and all representations and warranties, whether express or implied. This includes implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. ZP Group does its best to keep the Services safe, but cannot guarantee that the Services, including the ZP Group website and App are free of viruses or other harmful components.
    • No Warranty. Because certain Services rely on User input, ZP Group does not guarantee that the Services are error-free. Under no circumstances will ZP Group be responsible for any loss or damage resulting from anyone’s reliance on information transmitted to or by any User.
    • No Warranty of Uninterrupted Service. ZP Group does not warrant that the App or Internet-based Services will be secure, uninterrupted, always available, or error-free.
  11. No Affiliation with Apple. The Services, as well as any interaction you may have with third party advertisers or third party promotions during your use of the Services, have no affiliation Apple.
  12. Governing Law. These Terms of Service are governed by the laws of the State of Washington.
  13. Dispute Resolution. To resolve any complaint you may have regarding the Services, you agree to first contact ZP Group and express your concerns. Correspondence regarding any complaint should be sent to support@zpchallenge.com (include Terms of Service in your subject line). If your complaint cannot be resolved through discussion with ZP Group, any controversy or claim arising out of or relating to these Terms of Service or the Services will be settled by binding arbitration. Any controversy or claim must be arbitrated on an individual basis, and may not be consolidated with any claim or controversy of any other party. Any arbitration must take place in King County Washington.
  14. Entire Agreement. This Agreement, including the ZP Group Privacy Policy (available here at zpchallenge.com/privacy) is the entire agreement between you and ZP Group regarding your use of the Services.
  15. Nonwaiver. If either party fails to require the other party to perform any term of this Agreement, that failure does not prevent the party from later enforcing that term. If either party waives the other’s breach of a term, that waiver does not waive a later breach of that term.
  16. Severability. If any part of this Agreement is invalid or unenforceable, the remainder is still enforceable.
  17. Disclaimer by ZP Group; Assumption of Risk by User. Your participation in any of ZP Group’s Services is strictly voluntary. All Services are provided as a convenience for you and are intended for your benefit. As with any program involving a regimen of physical activity, there may be inherent risks. By using the Services, you agree to assume all risks. Before starting any fitness or nutrition program, you should consult your physician. As individuals vary, so do results.
  18. Limitation of Liability. In no event will ZP Group, any sponsor of the Services, or the officers, directors, employees, or agents of any of the foregoing be liable to you, or any third party, for any loss or damage, whether direct, indirect, consequential, exemplary, incidental, special, or punitive arising from the use of the Services, including the App.
  19. RELEASE AND INDEMNIFICATION. YOU HEREBY RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS ZP GROUP, ANY SPONSOR OF THE SERVICES, AND THE DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES OF THE FOREGOING (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR VIOLATION OF THESE TERMS OF SERVICE.
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