TERMS & CONDITIONS OF USE FOR THE MOREREPORTING APPLICATION
Date Last Revised: June 3rd, 2015
THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS for ACCESS AND USE OF MOREREPORTING or the “application”, A SOFTWARE AS A SERVICE DISTRIBUTED THROUGH THE WEB SITE WWW.MOREREPORTING.COM or the “Website”), AS OPERATED AND DISTRIBUTED BY ZYCAMORE, LLC, A UTAH LIMITED LIABILITY COMPANY, ON BEHALF OF THOSE OF ITS DIRECT OR INDIRECT SUBSIDIARIES AND/OR AFFILIATES, (collectively referred to as “Zycamore”). THE TERMS AND CONDITIONS SET FORTH BELOW IN THIS AGREEMENT GOVERN YOUR USE AND ACCESS OF THE APPLICATION AND OF THE MATERIALS, INFORMATION, PRODUCTS INFORMATION, TOOLS, SOFTWARE, FEATURES, FUNCTIONALITY AND ANY OTHER SERVICES THAT ARE PROVIDED TO YOU INCLUDING CONTENT, UPDATES, NEW RELEASES OR APPLICATIONS OFFERED FROM TIME TO TIME IN CONNECTION THEREWITH (collectively, the “SERVICE”).
By using or accessing this application or Service in any manner you agree to be bound by the terms and conditions of this Agreement and the Privacy and Security Policy as stated on www.morereporting.com, as they may be amended from time to time in the future (see “Modifications” below) as a “Member” (which means that you have registered at www.morereporting.com and whether you are acting as an individual or as a principal, agent, representative for your business or other legal entities. The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Zycamore.
THIS AGREEMENT APPLIES TO ALL USERS OF THE APPLICATION OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES TO THE APPLICATION. YOU MAY NOT USE THE SERVICE AND YOU MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT OF A LEGAL AGE TO FORM A BINDING CONTRACT WITH ZYCAMORE.
IF YOU ACCEPT THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE THE CAPACITY TO BE BOUND BY IT OR IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ENTITY THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY. BEFORE YOU CONTINUE, YOU SHOULD PRINT OR SAVE A LOCAL COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Zycamore may modify this Agreement from time to time. Any and all changes to this Agreement will be posted in the application. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
The Service is an internet based reporting platform integrating with different applications that allows Members/Customers to automatically track and evaluate their performance in colorful graphs, reports and dashboards. Based on such information, the Service may also present information relating to third party products or services (“Zycamore Offers”).
The Service is provided to you by Zycamore at a monthly charge – updated price can always be found at http://www.morereporting.com/price/. The service is not intended to provide legal, tax or financial advice. With the Service, Members/Customers provide Zycamore with financial information for administrative purposes. Zycamore makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.
Zycamore cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Zycamore cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is provided.
If you wish to become a Member, communicate with other Members and/or make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process http://signup.morereporting.com/Account/Register . As a condition to using certain aspects of the Service, you will be required to register with Zycamore and select a password and LoginID. That LoginID and password, together with any mobile number or other contact information you provide, form your “Registration Information.”
You shall not (i) select or use as a LoginID a name of another person with the intent to impersonate that person; (ii) use as a LoginID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a LoginID a name that is otherwise offensive, vulgar or obscene. Zycamore reserves the right to refuse registration of, or cancel a LoginID in its sole discretion.
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration Information, you agree to notify Zycamore immediately via email on firstname.lastname@example.org.
As a MemberCustomer to MoreReporting you must have Internet access and provide us with a current, valid, accepted method of payment, before the free trial period has ended (as such may be updated from time to time, “Payment Method”) to use the application or Service. We will bill the monthly fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
Your right to access and use the application and the Service is personal to you and your business and is not transferable by you to any other person or entity. You are only entitled to access and use the application for lawful purposes.
Your access and use of MoreReporting may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the application or other actions that Zycamore, in its sole discretion, may elect to take.
From time to time, Zycamore may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in the Service for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and Zycamore is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions Zycamore may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.
You agree that Zycamore may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Zycamore a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Zycamore in any way. Zycamore will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Zycamore through the Service, you are licensing that content to Zycamore solely for the purpose of providing the Service. Zycamore may use and store the content, but only to provide the Service to you. By submitting this content to Zycamore, you represent that you are entitled to submit it to Zycamore for use for this purpose, without any obligation by Zycamore to pay any fees or other limitations.
Accurate records enable Zycamore to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add report” setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Zycamore may from time to time provide automatic alerts and notifications and voluntary account-related alerts and notifications. Automatic alerts and notifications may be sent to you following certain changes made online to your account, such as a change in your Registration Information.
Some voluntary account alerts and notifications may be turned on by default as part of the Service. Zycamore may add new alerts and notifications from time to time, or cease to provide certain alerts and notifications at any time upon its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts and notifications service.
Electronic alerts and notifications will be sent to the email address you have provided as your primary email address during the registration or later. If your primary contact information changes, you are responsible for informing us of that change.
You understand and agree that any alerts and notifications provided to you through the Service may be delayed or prevented by a variety of factors. Zycamore does its best to provide alerts and notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alerts and notifications. You also agree that Zycamore shall not be liable for any delays, failure to deliver, or misdirected delivery of any alerts and notifications; for any errors in the content of an alerts and notifications; or for any actions taken or not taken by you, Zycamore, or any third party in reliance on an alerts and notifications.
As a condition of your use of the application or any Service therein, you warrant to Zycamore that you will not use the application or any Service offered by it for any purpose that is unlawful, prohibited by these terms, conditions, and notices, or considered improper based on Zycamore’s sole discretion. You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the application or any portion of MoreReporting, without Zycamore’s express written consent, which may be withheld in Zycamore’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the application, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the application or the Service or any activities conducted on the Service;
- Take any action that imposes or may impose (as determined by Zycamore in its sole discretion) an unreasonable or disproportionately large load on Zycamore’s (or its third party providers’) infrastructure;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the application or the Service.
- Bypass any measures Zycamore may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or
- Run Maillist, Listserv, any form of auto-responder or “spam” on the Service.
Additionally, you shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder, or (iv) use or access the Service in order to build a competitive product or service. You shall abide by all applicable local, state, national and international laws and regulations when using the Service.
- infringes any intellectual property or other proprietary right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities and/or sales without Zycamore’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Zycamore or any third party; or
- impersonates any person or entity, including any employee or representative of Zycamore.
NEITHER ZYCAMORE NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. ZYCAMORE IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in tracking your organizations performance and decision-making and is broad in scope.
You acknowledge and agree that you are responsible for your own legal, tax, financial and investment research and decisions, that the Service is only one tool that you may use as part of a comprehensive analysis process that should involve many other tools and sources of information, that you should not rely on the Service, and that Zycamore will not be liable for any decision made or action taken by you or others based upon information or materials obtained through use of the application or Services.
Your financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, prior to the implementation of any legal, tax, financial or investment decision or activity, you should always consult with your relevant legal, tax, financial or investment advisor or representative before making any final decisions or implementing any financial strategy.
By starting your MoreReporting account/membership and providing or designating a Payment Method, you authorize us to charge you a monthly fee at the then current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and/or changing or adding Services, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, your access to the application will be terminated at the end of the period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- You may edit your Payment Method information in the application under my account/billing. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- You may cancel your membership at any time, and your access will be terminated at the end of the pre payed billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. If you cancel your membership, your account will automatically close at the end of your current billing period.
ZYCAMORE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS OF THE APPLICATION, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF ZYCAMORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ZYCAMORE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless Zycamore and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Zycamore may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Zycamore in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE APPLICATION OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ZYCAMORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE APPLICATION OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
ZYCAMORE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT IN THE APPLICATION OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ZYCAMORE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Zycamore does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Zycamore has the benefit of under any applicable law), this will not be taken to be a formal waiver of Zycamore’s rights and that those rights or remedies will still be available to Zycamore.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Zycamore regarding the subject matter of the same, and supersedes all other previous agreements.
This Agreement, and your relationship with Zycamore under this Agreement, shall be governed by the laws of the State of Utah without regard to its conflict or choice of laws provisions. Any dispute with Zycamore, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Third Judicial District for the State of Utah within the county of Salt Lake, Utah, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Zycamore may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Zycamore is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Zycamore, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
You agree that the Service contains Content specifically provided by Zycamore or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
You understand and agree that the term Content includes, without limitations, the application’s “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, advertisements, advice, suggestions, blogs, information, data, text, scripts, graphics, software (including html-based computer programs), interactive features generated, provided, or otherwise made accessible by Zycamore or its partners and any other material on or through the Service. All content in the application is protected under both United States and other applicable copyright, trademark and other laws.
You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you (i) without the written consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
The Content and contents of belongs to or are licensed to Zycamore or its software or content suppliers. Zycamore grants you the right to view and use the application subject to these terms. You may download or copy reports and information, and other items made available to you as a Member, for your internal business use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than for your internal business use is expressly prohibited without prior written permission from Zycamore, or from the copyright holder identified in such Content’s copyright notice.
Features and services within Zycamore products (MoreReporting) may be the subject matter of pending and issued patents assigned to Zycamore, LLC.
Zycamore is a registered trademark and/or registered service marks of Zycamore LLC, or one of its subsidiaries, in the United States and other countries.
Zycamore’s products, services, Web content and related materials (collectively, “Offerings”) are owned by Zycamore and/or its licensors, and all rights in such Offerings are reserved by Zycamore and/or its licensors. For information regarding permission to use screen displays and other content, please see Zycamore’s Permissions Policy.
Persons who believe that their copyrights have been infringed via Zycamore sites may notify Zycamore’s Designated Agent. All notices must comply with the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and regulations promulgated thereunder, each as amended. Such notices not complying with these requirements will be returned unprocessed. No other notices or inquiries of any type, including requests for information, purchase or technical support questions, notices of infringement of third-party trademark or patent rights, employment inquiries, press inquiries, or investor inquiries, will be read or answered under this Agent and Agent Address.
Designated Agent and Address of Agent:
Attn: Zycamore LLC Copyright Agent c/o
Richards Brant Miller Nelson
299 South Main Street
Salt Lake City, Utah 84111