Terms of Service – Validately Panel

Last Updated: June 7, 2022


Thanks for your interest in becoming a Validately panelist! Note that participants from our Validately panel are referred only to studies conducted via UserZoom GO – if you’re looking to participate in studies conducted via UserZoom, please click here to join our IntelliZoom panel.

Below you will find the official Validately Participant Agreement. In order to become a Validately panelist you are required to review and accept the full Agreement below, which contains all of the terms and conditions governing our relationship with you.

Additionally, a few items to keep in mind:

  1. As long as your registration is active, we may invite you to participate in online Studies. However, you may opt out at any time through the unsubscribe link in an email we send you or by reaching us through the Contact Us form. You hereby understand and agree that your participation in survey, focus group, telephone or other research in the form of Studies (collectively, “Research”), shall be deemed to be based solely on your desire to share opinions and to provide feedback.
  2. If we've promised to pay you, we'll pay you via PayPal after you complete a Study; however, we may not pay you if you didn't complete the Study properly, or for some other reason. Any consideration that is paid to you for participation in Research is not calculated based on time spent by you. Likewise, any consideration that is paid to you for participant in Research is not pro-rated on an hourly basis or otherwise.
  3. All information and content recorded or collected as part of each Study will be owned by us, and you grant to us all necessary licenses in order for us to use such information and content in our business.
  4. When you check the check box to indicate your agreement to the terms of the Validately Participant Agreement and submit your registration to join the Validately panel, you're agreeing to the full terms and conditions stated below.


Please read this Validately Participant Agreement (this "Agreement") carefully. This Agreement is between you and UserZoom, Inc. ("UserZoom" or "us" or "we") and concerns your potential participation in research studies (each a "Study" and plural "Studies") conducted by us or our third-party customers, including Studies that we may conduct at the request of, and/or on behalf of, such third-party customers ("Customer(s)").

By indicating your acceptance in the "I Agree" field or otherwise registering as a potential participant in a Study, you are agreeing to be bound by the terms and conditions of this Agreement and to comply with all applicable laws and regulations, and you affirm that you are of legal age to enter into this Agreement. If you do not accept this Agreement, you may not register as a potential participant in any Study.

  1. Changes. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the UserZoom website currently located at https://www.userzoom.com, or the Validately panel website currently located at https://panel.validately.com. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. By registering as a Validately panelist on the Validately Site (defined below), keeping your Validately Site account (“Account”) active, or participating in, any Study following any changes to this Agreement, you are indicating your acceptance of such changes; if you do not accept any such changes, you must not register for, and you must cease participating in, any Studies. The "Last Updated" legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue any Study; charge, modify or waive any fees required to participate in further Studies or any payments for participation in further Studies; or offer opportunities to some or all potential Study participants.
  2. Studies. Studies typically involve an analysis of one or more advertisements, animation videos, websites, topical interviews, software (including applications and programs), software prototype or other online or electronic elements (the "Study Elements"). Study participants are selected by us to remotely analyze the Study Elements via the Internet, by answering questionnaires and/or using the Validately Recorder. Registering as a potential Study participant does not guarantee participation in a Study. We reserve the right to select Study participants in our sole discretion.
  3. Study Registration. If you wish to be considered for participation in a Study, you must register with us. By registering with us, you certify that you: (i) are at least 18 years of age, (ii) have the ability to enter into legally binding contracts under applicable law, and (iii) are capable of participating in such Study. By registering with us, you represent and warrant that you fulfill such criteria. You may not register or maintain more than one (1) account with us. You represent and warrant that any information you provide in connection with a Study or Study registration is and will remain true, accurate, current and complete, and that you will maintain and update such information as needed. Any such information is governed by the Survey Respondent Privacy Policy, located at https://www.userzoom.com/privacy-policy (the "Privacy Policy"). Please review the Privacy Policy regularly, to understand our privacy practices regarding Study Recordings and any of your personal information that we may process.
  4. Validately Recorder. At the moments you're participating in a Study, your demographic information, screen outputs and hardware inputs (including your microphone and webcam) may be recorded (e.g., your actions and responses will be captured), and such materials will be shared with our Customers so that they can learn from you. When participating in a Study that requires the use of the audio/video recording functionality within the Study (“Validately Recorder”), you acknowledge and agree that the information recorded (the "Study Recordings") will include the following (and you hereby consent to the collection of such information):
    • Your device screen actions, screenshots, clicks, sounds, navigational data and your voice as you perform tasks on selected Study Elements;
    • Your facial expressions and gaze through the use of your webcam;
    • Your answers to one or more series of questions posed;
    • Your written commentary and suggestions;
    • Your vocal commentary and suggestions;
    • Your profile information, as updated by you from time to time; and
    • Any other visual or audio materials that are captured by your webcam or microphone while using the Validately Recorder.
  5. We may use and disclose your Study Recordings in accordance with our Privacy Policy. You are responsible for ensuring that the Validately Recorder does not record any materials that you do not wish to provide to us. You are not permitted to use the Validately Recorder for purposes other than completing Studies for our Customers.
  6. By using the Validately Recorder, you hereby authorize us to utilize the computer or other device on which you are using the Validately Recorder for the express purpose of, and to the extent required for, your completion of Studies as set forth in this Agreement. You agree to assume full responsibility for any damage caused to the system on which you are using the Validately Recorder, any programs, data or information related to or arising from such downloads or the testing services you provide. To avoid any potential confusion, please note that the Validately Recorder is part of our web-based usability testing software platform (the "Software").
  7. Participation Requirements. In order to participate in any Study, you must provide the following:
    • A high-speed broadband Internet connection;
    • An Apple computer running OS X 10.7 or higher, or a PC running Microsoft Windows 7 Service Pack 1 or higher;
    • An Apple iPhone or iPad running iOS version 9 or higher, or a smartphone or tablet, including Amazon Kindle, running Android 4.2 or higher;
    • A fully operational built-in, USB or plug-in headset microphone;
    • A fully operational webcam;
    • A valid e-mail address;
    • A private place to perform the study with your face fully lit;
    • A valid PayPal account in your country of origin for payment processing; and
    • Any other required materials specified by us in connection with the applicable Study. You are responsible for obtaining, maintaining and paying for all of the foregoing, and any other hardware or telecommunications and other services needed to participate in any Study.
  8. Please note that some Studies have specific devices required as will be explained in the applicable Study invitation.
  9. Subject to your compliance with the terms and conditions of this Agreement and any requirements imposed by us with respect to a Study, you may determine the time and place of your participation in the Study at your discretion.
  10. Code of Conduct. As a Validately panelist, you agree that you will not engage in any activity that interferes with or disrupts the Validately panel website at https://panel.validately.com or the UserZoom website at https://www.userzoom.com (together, the “Validately Site”), or any of their features (“Features”) or any of the services we provide (“Services”), which include without limitation the servers and networks which are connected to our Services, or use any service to manipulate your computer or other device to gain any advantage participating in studies. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose. You further agree that your use of the Validately Site and our Services shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout the Validately Site and Features and/or our Services, including, without limitation, any Do’s and Don’ts. Without limiting the generality of the foregoing, you agree not to: (i) use the Validately Site: access (or attempt to access) any of our Services by any means other than through the interface that we provide; (ii) share a single user account for the Validately Site (“Account”) with any person other than the registered Account holder; (iii) create and/or use multiple Accounts (i.e. only one Account is permitted per person); (iv) maintain or use any false identity or multiple identities, or otherwise fail to participate in studies using your real identity and accurate contact, demographic and other information; submit any personal information (name, email, zip code, etc.), or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid in connection with any study or any other use of the Validately Site; (v) post, upload, transmit or otherwise disseminate information that (in our sole discretion) is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable or illegal; (vi) post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion; (vii) defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise act in an offensive or objectionable manner; (viii) upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users’ computers, or access to or functionality of the Validately Site; (ix) violate the contractual, personal, intellectual property or other rights of any party, including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Validately Site in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (x) attempt to obtain account information, passwords or other private information from other members; (xi) improperly use support channels or complaint buttons to make false or frivolous reports to us or to communicate with our customer support representatives in a disrespectful, belligerent or inappropriate manner; (xii) develop, distribute, make use of, or publicly inform other members of: “auto” software programs, “macro” software programs, web crawlers or other script or “cheat utility” software programs or applications; or (xiii) share or distribute Study IDs, answers or other survey information, or otherwise coach or assist other members with regard to qualifying for or answering studies. If we determine in our sole discretion that you have violated the terms contained in this Section 10, we may in its sole discretion issue you a warning regarding the violation prior to terminating or suspending any or all Accounts you have created (or which are associated with you) using the Validately Site. However, you acknowledge and agree that we need not provide you with any warning or notice before terminating or suspending your Account(s) and/or your access to the Validately Site for any reason, at our sole and absolute discretion.
  11. Customer Communications. Do not communicate directly with Customers; that's what our software is for. You agree not to contact any Customer for purposes of offering your own services directly to such Customer.
  12. Confidentiality. The Studies in which you participate may involve discussions, products and websites that haven't been released to the general public yet, so you promise not to tell anyone about what you see during these Studies or share that information in any way. All Study Elements, Study Content (as defined below) and Study Recordings, and any other proprietary or confidential information made available to you hereunder, including the identity of any Customers, are our confidential information and/or that of our Customers, and you must not use any such confidential information for any purpose other than your participation in the applicable Study in accordance with this Agreement, and must not disclose any such confidential information to any third party. Without limiting the foregoing, (a) you agree not to take any screen shots, videos, photographs or other recordings of any images, videos, sounds, workflows or other experiences from your participation in any Study; (b) you agree not to post or share, in any medium, your experiences from your participation in any study; (c) if your participation in a Study requires you to download any such confidential information to a device, you will delete such confidential information promptly upon completion of such Study; and (d) if your participation in a Study provides you with access to any password-protected or otherwise non-public website, mobile app or other online resource, you must not access such online resource after completion of such Study.
  13. Payments. Subject to your compliance with the terms and conditions of this Agreement, and in accordance with our policies and procedures, we will pay to you the applicable fee as specified by us in connection with each Study (each, an "Incentive") for each Study that you properly complete, as determined by us in our sole discretion. Without limiting the foregoing, any such payment is subject to the following conditions and requirements:
    • You must claim your Incentive payment by submitting a request for such payment within the Payout Period for the applicable Study. The “Payout Period” is the ninety (90) day period immediately following your completion of the applicable Study. You hereby understand and agree that you forfeit all Incentives not requested within the applicable Payout Period. We will attempt to pay you within seven (7) calendar days from a valid request for eligible payment.
    • You must have an active PayPal account.
    • For certain transactions, applicable PayPal fees may be deducted by PayPal from the total amount of any Incentive. Contact PayPal for further information.
    • As a Study participant, you are an independent contractor and are solely responsible for determining any tax liabilities incurred due to payments received from us.
    • If you are subject to U.S. tax obligations, you must provide W-9 information to us if we request it.
    • All registration and profile information submitted by you must be correct and not misleading.
    • Your Study Recordings must be properly prepared and of high quality (e.g., no background noise, clear audio quality and clear, unobstructed image quality, etc.).
    • You must complete each Study prior to the expiration of the applicable testing period, as specified by us and/or the applicable Customer.
    • You must fully and properly complete each Study, as determined by us, in accordance with the instructions and standards set by us and/or the applicable Customer (e.g., you must complete all required tasks and speak thoughts aloud during the Study, etc.).
    • You must complete your study without interruption by another person, and you must prevent anyone other than you from being captured by your web camera.
    • Your responses and submissions with respect to each Study, as well as any information you provide to us (including without limitation, contact information furnished for purposes of Study registration) shall be entirely legal, truthful, comprised of only accurate and correct information, and shall be devoid of any indicia of fraud, misrepresentation, or other illicit conduct.
    You hereby understand and agree that you forfeit your right to receive the applicable Incentive(s) for any failure to comply with this Section 13. In addition, we may suspend or terminate your access to any Study, or your Account, if we determine that you have violated this Agreement.
  14. Security. You are responsible for maintaining the confidentiality of any username or password associated with your Account that you use to complete any Study, and for monitoring all activity under such accounts. You may not disclose or share any such username or password with any third party, or use your Account for any unauthorized purpose. You shall be deemed responsible for, and you agree to assume full responsibility for, all activities, acts or omissions of anyone that occur using any such account. If you become aware of any unauthorized use of any such account, or any unauthorized disclosure of any applicable username or password, you agree to notify us immediately at the email address provided at the end of this Agreement.
  15. Study Recordings; Likeness; Waiver of Claims.

    15.1 Ownership. You acknowledge and agree that, as between you and us, we are the owner of the Study Recordings (including all intellectual property rights therein), and you hereby assign and agree to assign to us any and all right, title or interest that you may have in the Study Recordings, and agree to execute any documents and take any acts that we deem appropriate to effect or enforce such rights and any other rights granted herein.

    15.2 License. Without limiting the foregoing, you hereby grant to us the worldwide, irrevocable, perpetual, transferable, sublicensable, fully paid-up right, without compensation or further permission, to:

    • reproduce, perform and display (publicly or otherwise), transmit, distribute, create derivative works based upon, modify, use and otherwise exploit your name, signature, voice, image, likeness, performance, movements, personal characteristics, gestures and mannerisms (collectively, the "Likeness") and any biographical or other information or materials concerning you or submitted by you in connection with a Study or Study registration, including any suggestions, improvements, comments, requests for changes or other ideas or recommendations (such information and materials, collectively, the "Materials") in any media (whether now known or developed in the future) and manner, in connection with the applicable Study; and
    • reproduce, perform and display (publicly or otherwise), transmit, distribute, create derivative works based upon, modify, use and otherwise exploit the Study Recordings, Likeness and Materials in any media (whether now known or developed in the future) and manner, in connection with the applicable Study.

    You agree that we will have sole discretion in determining the extent and manner of use of, and that we are not obligated to use, the Study Recordings, Likeness and Materials. You hereby waive any right of inspection or approval of the uses of the Recordings, Likeness and Materials, and you hereby waive any and all "moral rights" and any similar rights with respect to attribution of authorship or integrity that you may have in or to the Study Recordings or Materials, either now or in the future, anywhere in the world. You agree not to copy, reproduce, alter, create derivative works of, broadcast or publicly display or perform any Study Recordings without our prior express written permission.

    15.3 Representations and Warranties. You represent and warrant that (1) any factual statements made by you in connection with any Study (including in the Study Recordings or Materials) are true to the best of your knowledge or based on reasonable research for accuracy, and that neither they nor the Likeness will infringe or otherwise violate the rights of any third party; and (2) you control all of the necessary rights (or have obtained all required permissions) to grant the rights granted herein, and there is no third-party obligation that interferes with or prevents you from granting the rights specified herein.

    15.4 Waivers and Release of Claims. You hereby waive and release us and our Affiliated Entities (as defined below) from any claim, action, suit or demand arising out of or in connection with the use or other exploitation of the Study Recordings, Likeness or Materials (including any rights to seek injunctive or other equitable relief, and any rights to royalties, fees and other compensation in connection therewith). You acknowledge that neither we nor any Affiliated Entity will incur any obligation to you under any legal theory (whether grounded upon confidentiality, copyright or other intellectual property rights, right of publicity, false light, defamation, libel or slander, including in connection with the Study Recordings or Materials or the exercise of the rights granted herein) as a result of your participation in the Study Recordings, your submission or disclosure of any Materials, or the use, as permitted above, of the Study Recordings or Materials. You agree that such waiver and release is binding upon your heirs, executors, administrators, successors and assigns.

    The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of California Civil Code Section 1542 (which states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.) and other analogous laws or legal principles of any jurisdiction requiring the intent to release future unknown claims.


  16. Company's Proprietary Rights. We, our Customers and/or our or their licensors own all information, content, text, graphics, design, compilation, selection and arrangement of elements, organization, software, and other content related to the Study (the "Study Content"), including all intellectual property rights therein, which are protected by proprietary rights and laws. For the avoidance of doubt, Study Content shall include any and all feedback and suggestions for enhancement you provide in connection with digital properties (i.e., websites and mobile apps) displayed within a Study, as well as your usage data in relation to such digital properties, all of which we may use without any obligation or compensation to you.

    Except as expressly provided herein, nothing related to the Study shall be construed as conferring any license to you with respect to the Study Content, whether by estoppel, implication, waiver or otherwise, and you agree not to copy, reproduce, alter, reverse engineer, modify, create derivative works of, broadcast or publicly display or perform any Study Content without our prior express written permission.

    All trademarks, service marks and trade names appearing on any Study Content are our property or the property of the respective owners of such marks or names, and are protected by proprietary rights and laws. You agree not to defame or disparage us or any Customers and/or its or their trademarks, service marks or trade names, or any other aspect of any Study or Study Content. Any use of the trademarks, service marks or trade names appearing on any Study Content, without our express written consent or the applicable owner of the mark or name, is strictly prohibited.

    All rights not expressly granted to you in this Agreement are hereby reserved by us.

  17. Warranty Disclaimer. All Studies (including all Study Elements and Study Content) are made available to you "AS IS" without any warranties of any kind, whether express, implied or statutory. We disclaim all warranties with respect to any Studies to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made on behalf of both us and our affiliates and Customers, and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the "Affiliated Entities").
  18. Limitation of Liability We will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, cover, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, we will not be liable for damages of any kind resulting from your participation in (or inability to participate in) any Study, or your use of (or inability to use) any Study Elements or Study Content. Your sole and exclusive remedy for dissatisfaction with any Study is to stop participating in Studies. Our maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the lesser of: (a) the total amount, if any, paid to you by us for your participation in the applicable Study; or (b) $50. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made on behalf of both us and the Affiliated Entities. Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights at law.
  19. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us and the Affiliated Entities harmless from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your participation in any Study; (b) your use of any Study Elements, Study Content or the Validately Recorder; (c) any violation or alleged violation of this Agreement by you; (d) any actual or alleged infringement, violation or misappropriation of any third-party rights by you or your Study Recordings, Likeness or Materials; or (e) any violation or alleged violation by you of any applicable law or regulation.
  20. Third Party Beneficiaries. Each Customer is a third-party beneficiary of this Agreement to the extent that any act or omission by you causes any damage or liability to such Customer, and such Customer shall have the right to enforce any provision of this Agreement against you.
  21. Third Party Materials. You acknowledge, understand and agree that neither we nor any Affiliated Entity has any control over or endorses, or is responsible or liable for, any Study Element or any other third-party materials. Nothing in this Agreement shall be deemed a representation or warranty by us or any Affiliated Entity with respect to any Study Elements or any other third-party materials. Your use of any Study Element or other third-party material is at your own risk, and is subject to any additional terms, conditions and policies applicable to such third-party materials (such as terms of service or privacy policies of the Customer or other third party that makes such materials available). Additionally, the Site and/or Studies may contain links to third-party websites (“External Sites”). We do not endorse and are not responsible for the maintenance or content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.
  22. Termination. This Agreement is effective until terminated in accordance with its terms. We may terminate or suspend your participation in Studies for any or no reason at any time and without prior notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your rights under this Agreement will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and Account, and all associated materials, without any obligation to provide any further access to such materials. If you request to deactivate your Account, we may require that you confirm your Account by providing us with your name and the address you used to register your Account with us, and you understand and agree that we are not obligated to deactivate the Account at your request unless and until you have confirmed your ownership of such account by providing us with the aforementioned information. Notwithstanding anything to the contrary in this Agreement, Sections 3 through 6, 10 through 12 and 14 through 25, shall survive any expiration or termination of this Agreement.
  23. DMCA Takedown. We will do our part to respond to alleged infringement notices compliant with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that copyrighted work has been copied in a manner constituting copyright infringement and is accessible via the IntelliZoom Site or otherwise through the Software, please notify our DMCA copyright agent (see information below). Please note that since the knowing misrepresentation of online material as infringing is a crime punishable under U.S. federal law, we ask that you exercise good judgment and sensibility when submitting DMCA complaints. For us to consider your complaint under the DMCA, the information in your written complaint must include the following:
    1. Information reasonably sufficient to allow us to contact you, such as your address, telephone number, and, e-mail address;
    2. Identification of the copyrighted work that is allegedly being infringed upon;
    3. Identification of the material that is allegedly infringing and the location of such material;
    4. A statement from you attesting to your good faith belief that use of the allegedly infringing material in the manner causing the alleged infringement is not authorized by the copyright owner, its agent, or law, and that under penalty of perjury such information is accurate and you are the copyright owner or are authorized to act on behalf of the owner; and
    5. An electronic or physical signature of a person who is authorized to act on behalf of the copyright owner.
    The above information must be submitted to our DMCA Agent, as follows:
    Attn: DMCA Notice
    User Zoom, Inc.
    Address: 1801 Broadway, Ste 720
    Denver, CO 80202
    Email: legal@userzoom.com
  24. Governing Law; Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in the Santa Clara County, State of California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
  25. General Terms. You agree that your participation in each Study shall be without the control of or direction by us, and that you are exercising your own independent judgment and discretion in connection therewith. Accordingly, this Agreement does not, and shall not be construed to, create any employer-employee, partnership, joint venture, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation." This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Validately Site or Software or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

Questions, comments and requests in relation to this Agreement should be sent through the Contact Us form or via regular mail to:

UserZoom, Inc., 1801 Broadway, Suite 720, Denver, CO 80202 USA