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Terms of Service

Last Updated: December 7, 2019

Thank you for selecting the services provided by Kazoo, LLC and its affiliates, (referred to as “KAZOO”, “we”, “our”, or “us”) via this website (getkazoo.com), other sites to which these terms are applied and related applications that interact with these sites (“Service”). These Terms of Use (“Terms”) constitute a legally binding agreement between you (“You”) and Kazoo (“Agreement”).YOU MUST BE 13 OR OLDER TO USE THE SERVICE. BY INDICATING YOUR ACCEPTANCE, YOU HEREBY REPRESENT THAT YOU ARE OVER 13 YEARS OF AGE AND AGREE TO THESE TERMS AND TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN DO NOT INDICATE ACCEPTANCE OF THE AGREEMENT, AND YOU MAY NOT USE THE SERVICE.YOU FURTHER UNDERSTAND THAT THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER, WHICH SHALL BE ENFORCEABLE AGAINST YOU, AND WHICH WILL GOVERN THE RESOLUTION OF MOST DISPUTES BETWEEN US THAT ARISE AS A RESULT OF YOUR USE OF THE SERVICES AND IN ACCORDANCE WITH THIS AGREEMENT.This Agreement expressly includes and incorporates by reference:

  • Kazoo Privacy Policy {add link}
  • Kazoo End User License Agreement – for use of the Kazoo Application to access the Service.
  • Additional Terms – Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to the Service, and all such additional documents are incorporated by this reference into, and made a part of, these Terms (“Additional Terms”).

1.      Changes to Terms

We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service. You may have to agree to any updated Terms to continue to use the Service. If you do not agree to any changes to the Terms, you do not have to accept them, but if you do not, you must cease using the Service and we may disable your account and/or access to the Service. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms.

2.      Disputes

Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the Dispute arose. “Disputes” means any dispute, action, controversy or claim arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms.

3.      Access to the Service and Account

When you use the Services we will provide you with the option to download and install a mobile application (e.g., for iPhone® and/or Android™) (the “Kazoo Application”) onto your mobile phone(s) or other devices. In order to access and use certain content, features, tools and functionality of the Service, We may require that You register for an account (“User Account”). You may register for a User Account by creating a username and password combination (“User Credentials”), and providing certain personal information. We collect, use and store such information in accordance with Our Privacy Policy. You are solely responsible for providing and maintaining the accuracy and content of Your information. You are also responsible for maintaining the strict confidentiality of Your User Credentials and You are responsible for any access to or use of the Services by You or any person or entity using Your User Credentials. You agree to immediately notify Us of any unauthorized use of Your User Credentials or User Account or any other breach of security. It is Your sole responsibility to: (a) control the dissemination and use of Your User Credentials and User Account; (b) control access to Your User Credentials and User Account; and (c) cancel Your User Account. We reserve the right to deny access, use and registration privileges to any user of the Services if We believe You have provided inaccurate information or if there is a question about the identity of the person trying to access the Services. We shall not be responsible or liable for any loss or damage arising from Your failure to comply with this Section. You may be provided opportunities to define the role you play in any circle you join or create. Subject to any limitations imposed by the Service, You may elect to add other profile information and connect with certain other users.

You may create a profile using your email address or Facebook account (“Linked Account”). When you add a Linked Account and install the Kazoo Application, KAZOO may import personal information from that account, including your Linked Account profile information and contacts associated with those accounts (collectively “Account Information”) so that you may easily invite members to use the Service and so that we may provide a better user experience to you when using the Service.

4.      Limitations of the Service

There are natural limitations to the Service. The Service is designed to provide a supplemental ability to communicate with other users, it is:

  • designed, subject to user agreement, to share your location and to help you monitor certain other users’ locations; and
  • highly dependent on your efforts and your family members’ and friends’ efforts and willingness to share their location; and
  • highly dependent on the Service ability to initiate and maintain a connection to a telecommunications network, satellites and/or other requisite technology required in order for the Service to function as intended, which connection is beyond our control and for which we cannot be held liable.
  • Additionally, the Service are not, and should not be presumed to be, a substitute for:
  • active involvement by you in your family’s and friends’ online and offline lives and activities; and
  • direct, active oversight and supervision of your children.

Furthermore, while KAZOO is pleased to make the Service available to you, use of the Service does not guarantee user safety, and we cannot assure you that by using the Service you or other user’s with whom you are connected can always be located or will be protected from hazards.

Recognizing that this Service is designed to be supplemental to other communications services that You may use, You should not rely exclusively on the Service and should use other means and take other reasonable steps to share location information and communications with and use other steps to ensure Your safety and that of Your connections.

5.      Your Rights To Use The Service And Restrictions

You may use the Service only if you are at least 13 years of age, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You represent that (i) you are at least 13 years old, (ii) you have read, understood, and agree to be bound by this Agreement. If you are not at least 13 years old, or you do not agree to all the terms and conditions of this Agreement, you may not access the Service. Certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions as indicated. If You are a user between the ages of thirteen (13) and eighteen (18) or under the age of majority in Your jurisdiction, please review this Agreement with Your parent or guardian. Your parent or guardian should agree to this Agreement on Your behalf and parental discretion is advised for all users under the age of eighteen (18) or the age of majority in your jurisdiction.

THE SERVICE ARE NOT DESIGNED FOR USE BY CHILDREN UNDER THE AGE OF 13, AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER 13 ON OUR SITE OR FROM WITHIN OUR KAZOO APPLICATION. BECAUSE THE SERVICE MAY PROVIDE ACCESS TO USER GENERATED CONTENT, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17.

As long as you meet any applicable payment obligations and comply with this Agreement, KAZOO grants to you a personal, limited, nonexclusive, nontransferable right to use the Service that is valid only for so long as your Service account is active and in good standing.

KAZOO may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that Public Content and records of Account Activity will be retained by KAZOO. You further acknowledge and agree that KAZOO reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

You agree not to use the Service on a mobile phone or other device that has been modified through the use of software and hardware exploits with the goal of overcoming limitations that carriers and hardware manufacturers put on some devices, resulting in the ability to alter or replace system applications and settings, run specialized apps that require administrator-level permissions, or perform other operations that are otherwise inaccessible to a normal user. This is commonly referred to as “rooting” or “jailbreaking” a mobile phone.

You agree not to use the Service or content on this website in a manner that knowingly violates any applicable local, state, provincial, federal or foreign law, regulation or this Agreement.

Unless authorized by KAZOO in writing, you agree you will not:

  1. 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 Service, without KAZOO’s express written consent, which may be withheld in KAZOO’s sole discretion;
  2. 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 Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Apple Safari, or Google Chrome);
  3. 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 Service;
  4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
  5. Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service;
  6. Attempt to access any other KAZOO systems that are not part of these Service without KAZOO’s express written consent, which may be withheld in KAZOO’s sole discretion;
  7. Excessively overload the KAZOO systems used to provide the Service;
  8. Use the Service while driving or at any other time when use of the Service may disrupt your attention to other matters and result in injury to yourself or others; or
  9. Surreptitiously record third party conversations, or share any recordings or communications in violation of applicable law or the rights of any parties to such communications.

If you violate any of these terms, this Agreement and your right to use the Service may be terminated by KAZOO in its sole discretion.

6.      Kazoo Application

KAZOO makes available the Kazoo Application to access the Service via a mobile device. To use the Software you must have a mobile device that is compatible with the Service. KAZOO does not warrant that the Kazoo Application will be compatible with your mobile device. KAZOO hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Kazoo Application for one KAZOO account owned by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Kazoo Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Kazoo Application to any third party; (iii) make any copies of the Kazoo Application; (iv) remove, circumvent, disable, damage or interfere with security-related features of the Kazoo Application, features that prevent or restrict use or copying of any content accessible through the Kazoo Application, or features that enforce limitations on use of the Kazoo Application; or (v) delete the copyright and other proprietary rights notices on the Kazoo Application.

By installing the Kazoo Application on your mobile device, you acknowledge that KAZOO may from time to time issue upgraded versions of the Kazoo Application, and may automatically electronically upgrade the version of the Kazoo Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.

Any third-party code that may be incorporated in the Kazoo Application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Kazoo Application or any copy thereof, and KAZOO or its third-party partners or suppliers retain all right, title, and interest in the Kazoo Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. KAZOO reserves all rights not expressly granted under this Agreement.

The Kazoo Application originates in the United States, and is subject to United States export laws and regulations. The Kazoo Application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Kazoo Application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Kazoo Application and the KAZOO Service.

7.      Communication

You may access your User profile and how you interact with the Service by changing the Settings in the Kazoo Application. By providing KAZOO your email address or by connecting a Linked Account, you consent to our using your email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive promotional email messages, you may opt-out by unsubscribing from such email communications from KAZOO. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

8.      Intellectual Property Rights

Ownership of the Services.  As between You and Kazoo, Kazoo (or its licensors) owns the Services, including all of the content (e.g., audio-visual content, photographs, audio, images, illustrations, graphics, video, copy, software, and any other content), code, software, data and materials displayed on or otherwise made available or accessible through the Services, including as contained in any advertisements and the “look and feel” of such content (collectively, “Kazoo IP”). This includes all intellectual property and intellectual property rights in such Kazoo IP. When You, as a user of the Services, use or download content from the Services, You do not acquire any ownership of any such Kazoo IP.

9.      User Postings

The Services may provide You with an opportunity to submit, post, email or otherwise make available comments, reviews and feedback via the Services (collectively, “User Postings”). We do not acquire any ownership rights in the User Postings, but do obtain a license from You as detailed herein. You also represent that You own the User Postings posted by You or You otherwise have the right to grant the rights, licenses and privileges described in this Agreement. You hereby grant to Us a non-exclusive, royalty-free, irrevocable, perpetual license to use Your User Postings throughout the world for any purpose, in any form or format, on or through any media now known or hereafter developed, including the right to modify, edit, create derivative works and translate such User Postings. All User Postings are and will be considered non-confidential and non-proprietary. User Postings do not reflect the views of Kazoo, and You understand that by using the Services, You may be exposed to other people’s User Postings that could be offensive, indecent or objectionable and, as such, Kazoo does not guarantee the accuracy, integrity, quality or content of any User Postings. We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to You, for any reason or for no reason. Under no circumstances shall Kazoo be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings made available.

10.  Data

As between You and Kazoo, Kazoo owns any and all data, statistics, content, and information, and any derivatives or aggregations thereof, in any form or medium, that is collected, downloaded, uploaded or otherwise received, directly or indirectly, from You or by or through the Services, including any data, content, and information derived, processed or generated by the Services based on use of and access to the Services (collectively “Data”).  No rights or licenses are granted to You to use the Data under this Agreement, except as expressly set forth herein, and Kazoo reserves all rights, title, and interest therein.

11.  Trademarks

The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Services are registered and/or unregistered Trademarks of Kazoo and may not be used for any purpose without Our prior written consent, including in any manner that is likely to cause customer confusion, or that disparages or discredits Kazoo. You do not receive, by implication or otherwise, any license or right to use any Trademark or Kazoo IP displayed on the Services without Our prior written permission, which may be withheld in Our sole discretion.

12.  Restrictions

Except as We expressly permit You may not download, display, copy, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit the Services or Kazoo IP. The framing or scraping of or in-line linking to the Services or any Kazoo IP, and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Kazoo IP or Content, other than as expressly authorized by Us, is prohibited. You further agree to abide by any exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services. Additionally, You are not permitted to alter, delete or conceal in any manner any copyright, Trademarks, or other notices contained on the Services, including, without limitation, notices on any Kazoo IP You transmit, display, print, stream or reproduce from the Services.  Any unauthorized or prohibited use of any Kazoo IP may violate or infringe copyright and other laws of the United States and other countries, as well as applicable local and state laws, and may subject You to liability for such unauthorized use.

13.  Improper Conduct on the Service

You agree not to use the Service to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  1. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
  2. Public Content or data that would impersonate someone else or falsely represent your identity or qualifications;
  3. Public Content that would, if publicly displayed, constitute a breach of any individual’s privacy, including posting images, recordings, records of communication or contact information relating to any third party without such party’s consent (or a parent’s consent in the case of a minor);
  4. Except as otherwise permitted by KAZOO in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
  5. Any information, software or Public Content that is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

14.  Third-Party Services and Third Party Materials

The appearance, availability, or Your use of any third party websites (whether in the form of a hyperlink or redirect), services platforms, data, or materials (“Third Party Services”) referenced or included anywhere in connection with the Service does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Kazoo.  Your use of the Third Party Services is governed by the terms and conditions between You and the Third Party Service.  However, We reserve the right to restrict Your access to or the availability of any Third Party Services that You access via the Service.  If any Third Party Services You interact with obtains or collects personal information from you, in no event shall We assume or have any responsibility or liability.  Accordingly, We encourage You to be aware when You leave the Services and/or use Third Party Services and to read the applicable terms and conditions and privacy policy of each Third Party Service You use.

You acknowledge and agree that by accessing or interacting with the Services, some third-party materials and information, including any software components, accounts, licenses, advertisements, documents, data, content, specifications, products, equipment or components that are used in conjunction with, or of or relating to the Services, or use in connection with the Services (collectively, “Third Party Materials”) may be displayed, viewed, accessed or provided in connection with Your use of the Services and/or Provider Content.  Kazoo does not own or control any Third Party Materials and it shall not incur any obligation, responsibility or liability in connection with such Third Party Materials.

15.  Forums and Social Networking Features

The Service may include social networking features to exchange information with other users of the Service and the public. If you choose to use such features, you grant KAZOO a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, and display all or any portion of the content posted in connection with KAZOO’s social networking features (such posted content shall be defined as “Public Content”). You also grant each other user with whom you communicate a non-exclusive license to access your posted Public Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Public Content as permitted by the Service and this Agreement. Do not reveal information in the social networking features that you do not want to make public.

You agree to use respect when you interact with other users. KAZOO may monitor your Public Content from time to time and may in its sole discretion, refuse to post, remove, or refuse to remove, any Public Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

16.  Security

You are responsible for securely managing your password(s) for access to the Service. If you become aware of any unauthorized access to your Service account, theft or loss of your password, you agree to contact KAZOO immediately by emailing our Support Team at

support@GetKazoo.com

17.  Feedback

You grant KAZOO a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to KAZOO in any way. Without limiting the foregoing, you agree that KAZOO 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.

18.  Account Information from Linked Account

When you use the Service, you may link your Service account to your Linked Account. KAZOO shall not be responsible for reviewing the Linked Account for any purpose, including but not limited to your ownership of the Linked Account.

You authorize KAZOO to access your Linked Account, on your behalf as your agent. When you add the Linked Account to the Service, you will be directly connected to the website for the Linked Account you have identified. You hereby authorize and permit KAZOO to configure the Service so that we can collect your Account Information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant KAZOO the right to access the Linked Account, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities. YOU ACKNOWLEDGE AND AGREE THAT WHEN KAZOO IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THE LINKED ACCOUNT, KAZOO IS ACTING SOLELY ON YOUR BEHALF AND WITH YOUR EXPRESS CONSENT.

19.  Other KAZOO And Third Party Products And Service

We may offer to you other services, features, products, applications, online communities, or promotions provided by KAZOO. If you decide to use any of these other services, additional terms and conditions and separate fees may apply. KAZOO may provide links to third-party websites providing service that we believe may be of interest to KAZOO users. If you decide to use any third party products or access any third party sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. KAZOO does not endorse, warrant or guarantee the products or service available through any such offers, and KAZOO is not responsible for the activities or policies of those websites. KAZOO does not guarantee that the third-party offer information displayed through the Service are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.

20.  Service Alerts

KAZOO may from time to time provide account-related notifications and alerts to you. KAZOO may deliver these alerts to your computer, mobile phone or other method of using the Service that you select.

KAZOO may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion. Each alert may have different options available, and you may be asked to select from among these options.

Account-related alerts may be sent to you following certain changes made to your KAZOO account, such as a change in your account information. KAZOO may also send you alerts regarding promotions, third party offers and other information based on your preferences and the operation of the Service.

Electronic alerts may be sent to the primary email address, mobile phone number or other contact information you have provided for the Service. If your contact information changes, you are responsible for informing us of that change. Changes to your contact information will apply to all of your alerts.

Because alerts are not encrypted, we will never include your password. However, alerts may include your login ID and some information about your account. Anyone with access to your email or mobile telephone may be able to view the content of these alerts and it is your responsibility to maintain the privacy of this information.

21.  Payment and Pricing

If you elect to use the Service, you agree to the pricing and payment terms, as we may update them from time to time. KAZOO may add new service for additional fees and charges, or amend fees and charges for existing service, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

All subscription and access charges for the Service are payable in advance. KAZOO is not responsible for any charges or expenses you incur resulting from charges billed for the Service in accordance with this Agreement (e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features (e.g. some PayPal accounts, mobile application stores or marketplaces), you authorize KAZOO to continue charging the payment method for all charges due to KAZOO until your KAZOO account is settled and is terminated by either you or KAZOO.

KAZOO will automatically renew your subscription at current rates at the time of renewal and for the term of your most recent subscription, unless the Service are cancelled or terminated under this Agreement.

22.  Data and Wireless Access Charges

Certain Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for Your device may charge You data access fees in connection with Your use of such including, without limitation, wireless carrier messaging and other communication, messaging and data fees and charges. We will not be responsible for any such data access fees and charges in connection with Your use of any Services. Further, the use or availability of certain Services may be prohibited or restricted by Your wireless carrier and/or data access provider, and not all Services may work with all wireless carriers, networks, platforms, services or devices.

23.  Free Trials and Automatic Billed Renewals

Depending on our promotions and requirements at any given time, Kazoo memberships may start with a Free Trial. Any Free Trial period shall be specified during sign-up process, if at all. Free Trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”), to use the Service.

Additional cancellation or renewal terms may be provided to you on the website for the Service.

Subscriptions will automatically renew to a paid subscription after fourteen days unless auto-renew is turned off. Payment will be charged to iTunes Account for the then published amount at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Account will be charged for renewal at the then published amount for one month or for 12 months, based on the subscription plan chosen, within 24 hours before the end of the current period. Subscriptions can be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases another subscription.

24.  Disclaimer Of Warranties; Limitation Of Liability

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICE ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAZOO, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, RESELLERS, PARTNERS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICE ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICE. KAZOO AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICE ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICE, WHICHEVER IS SOONER. UNFORTUNATELY, AS NOTED ABOVE UNDER THE HEADING “LIMITATIONS OF THE SERVICE,” NEITHER KAZOO NOR ANY OF ITS AFFILIATES OR SUPPLIERS CAN GUARANTEE THAT USE OF THE SERVICE WILL MEET ANY PARTICULAR EXPECTATIONS. IN RECOGNITION OF THESE LIMITATIONS, YOU EXPRESSLY CONFIRM AND ACKNOWLEDGE THAT KAZOO, ITS AFFILIATES, AND SUPPLIERS ARE NOT (AND WILL NOT BE) LIABLE OR RESPONSIBLE IN ANY WAY FOR (AND HEREBY WAIVE ANY CLAIMS AGAINST KAZOO, ITS AFFILIATES, AND ITS SUPPLIERS RELATING TO) ANY FAILURE BY OR OF THE SERVICE TO IDENTIFY AND SHARE YOUR LOCATION OR THE LOCATION OF OTHER USERS AND YOU AGREE THAT YOU REMAIN FULLY AND PERSONALLY RESPONSIBLE FOR USE OF THE SERVICE AND SUCH OTHER EFFORTS AS YOU MAY DEEM NECESSARY OR APPROPRIATE TO PROTECT AND SAFEGUARD YOURSELF AND YOUR FAMILY.

KAZOO AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE IS IN ACCORDANCE WITH APPLICABLE LAW.

25.  Limitation of Liability

KAZOO SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF KAZOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, KAZOO’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM, AGGREGATE, AND ENTIRE LIABILITY OF KAZOO, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM AND $100. KAZOO AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET KAZOO SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF KAZOO AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF KAZOO AND ITS AFFILIATES AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE AND ITS USE.

26.  Indemnification

You agree to indemnify, defend and hold Kazoo and its affiliates, and their respective successors and assigns, present and former directors, officers, employees, representatives, agents, licensors, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) Your use of the Service; (b) Your breach or violation of this Agreement; or (c) Your User Postings. Kazoo reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You and all negotiations for its settlement or compromise, and You agree to fully cooperate with Us upon Our request.

27.  Changes To The Service

We reserve the right to change or discontinue the Service, in whole or in part, at any time, without prior notice including but not limited to, pricing, technical support options, and other product-related policies. You hereby agree that We will have no liability whatsoever on account of any change to the Service.

28.  Termination

KAZOO may immediately and without notice terminate this Agreement or suspend the Service provided to you, if you fail to comply with these terms. Upon termination you must immediately stop using the Service and any outstanding payments will become due. Any termination of this Agreement shall not affect KAZOO’s rights to any payments due to it. Our Privacy Policy and the following sections of this Agreement will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded: Disclaimer Of Warranties; Limitation Of Liability; Indemnification; Copyright And Trademark Notices; Governing Law And Jurisdiction; and General.

You may terminate your subscription to the Service at any time; provided that KAZOO will not refund any pre-paid fees upon such termination or cancellation. To terminate your current subscription and replace it with a new subscription with potentially different features, if an alternative subscription option is available, you must do so from within your account settings which are available within the Kazoo Application. KAZOO reserves the right to collect fees, surcharges or costs incurred before you cancel your subscription in addition to any applicable cancellation fee(s).

You may also terminate your account entirely. If your account is terminated, your current subscriptions are also terminated. To cancel your entire account, you must follow the instructions within the Kazoo Application. Upon such termination, KAZOO reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete your Linked Account information, Public Content, or other information in connection with your account; (c) prohibit your access to your account, including without limitation by deactivating your password; and (d) refuse your future access to the Service.

29.  Copyright And Trademark Notices

All materials of the Service (as well as the organization and layout of the Service are owned and copyrighted or licensed by KAZOO, its affiliates or its Suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes any KAZOO-owned or operated website (and any successor websites or additional websites or any co-branded websites), is permitted without the written permission of KAZOO. Any rights not expressly granted herein are reserved. KAZOO logos and product and service names are trademarks of KAZOO, Inc. (the “KAZOO Marks”). You agree not to display or use the KAZOO Marks in any manner whatsoever without KAZOO’s prior permission.

The Service may incorporate logos, trademarks, servicemarks and other proprietary rights belonging to third-parties. KAZOO does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners.

30.  Arbitration Agreement; Jury Trial Waiver and Class Action Waiver; Forum Selection Clause

If You are a resident of the United States (including its possessions and territories), You agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between You and Kazoo or its successors or assigns shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

In the case of arbitration and where permitted by law, You are thus agreeing to give up Your right to go to court to assert or defend Your rights. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.

In the case of arbitration and where permitted by law, You and Kazoo must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR KAZOO MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that You are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Kazoo will pay as much of Your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Kazoo also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither You nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Washington D.C.  in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Washington D.C. for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court located in Washington D.C..

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, You may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

31.  Governing Law And Jurisdiction

The substantive law of Washington, D.C., governs this Agreement without regard to its conflicts of laws, provisions or rule that would require or permit the application of the laws of any jurisdiction other than those of Washington, D.C. To resolve any legal dispute arising from this Agreement, you and KAZOO agree to the exclusive jurisdiction of courts in Washington, D.C. KAZOO does not represent that the Service are appropriate or available for use in all countries. KAZOO prohibits accessing materials from countries or states where the Service are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.  All data and servers housing such data are located in the United States (U.S.). All data and servers housing such data are subject to the jurisdiction and any and all applicable laws and regulations of the U.S., its states, territories and protectorates; regardless of the applicable laws and regulations of the jurisdiction that the data originated from.

32.  General

Interpretation. For purposes of this Agreement: (i) the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole.  The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall not be affected and will continue in full force and effect.

Export Regulations. Kazoo is subject to regulation by the agencies of the U.S. Government, including the U.S. Department of Commerce and State, which prohibit export or diversion of certain technological products to certain countries. You shall comply in all respects with all applicable export and re-export restrictions and not permit anyone to use or access the Services in a U.S. embargoed country or in violation of any U.S. export law or regulation. You also agree to indemnify, defend, and hold Kazoo harmless from any loss, damages, liability, or expenses incurred by Kazoo as a result of Your failure to comply with any export regulations or restrictions.

33.  Assignment

This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Kazoo without restriction, notice or other obligation to you.

34.  Entire Agreement

Unless otherwise expressly agreed in writing between the parties, this Agreement contains the entire understanding and agreement between You and Kazoo concerning the Services and supersedes and all prior or inconsistent understandings relating to the Service and Your use thereof. This Agreement cannot be changed orally.

35.  Survival; Claims; Waiver

Any provision which must survive in order to allow Us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or Your use of the Services, regardless of form or the basis of the claim, may be brought by You more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such case arose). The failure of Kazoo to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.

36. Force Majeure.

In no event will Kazoo be liable or responsible to you, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by any circumstances beyond Kazoo’s reasonable control (a “Force Majeure Event”), including service interruptions by third-party providers, denial of service attacks, acts of God, war, riot, fires, floods, epidemics, or failure of public utilities or public transportation systems, or national or regional shortage of adequate power or telecommunications systems. Either party may terminate this Agreement if a Force Majeure Event continues substantially uninterrupted for a period of thirty (30) days or more.