Terms & Conditions


ABOUT PAGE in the AdvocateHub

Welcome to Zenefits’ ClubZen® Hub!

We can’t wait hear your feedback, share your successes, and continue to make the world a better place to work. To that end, we’d like to invite you to post your thoughts and stories as well as to participate in special events, earn points, and enjoy other rewards for helping us better understand your needs and wants and how best to serve them. But before we open the gates, there are a few quick things for you to review. In order to participate we'd like you to first review the Zenefits Privacy Policy and Zenefits Community Guidelines, which, along with these terms, apply to all aspects of your experiences and interactions with the ClubZen® Hub. By clicking “Get Started” below, you are confirming that you have read, understood, and agree to both our Privacy Policy and these terms. You can access this page at any point in time to review by clicking on your profile image in the top right and selecting "About ClubZen®"! Thank you for being a loyal Zenefits client and our newest ClubZen® member! We look forward to seeing you inside!

Terms and Conditions in External site

ClubZen® Terms and Conditions of Use

These Terms and Conditions, the Zenefits Community Guidelines, and Zenefits Privacy Policy (together, “Terms”) are a legally-binding agreement between yourself and Zenefits*. These Terms apply to your interactions with this website and the ClubZen® Program (together, the "Program") described in these Terms. Zenefits may change or update these Terms from time to time, and will notify you by posting those updates here. By enrolling in or using the Program after, you are confirming that you have read, understood, and agreed to the Terms, including any changes Zenefits makes. If at any time you do not agree with these Terms, please do not participate in the Program; we never want you to feel pressured into any terms you are uncomfortable with.

  1. PARTICIPATION IN THE PROGRAM.
    By accepting these Terms, you acknowledge and agree that you have confirmed that your participation in the Program does not violate your employer’s policies (including, without limitation, any of your employer’s ethics or employee conduct policies).
  2. ZENEFITS CLIENT ADVOCACY PROGRAM.

Program
The Program is an exclusive group that helps enable our clients regularly engage with Zenefits in a meaningful way, and be recognized for their ongoing partnership and support.

Membership and Points
Program membership is limited to natural persons--that is, human beings--who are employees of Zenefits' clients. Any persons who are not employed by a Zenefits client are not currently eligible to participate in the Program. Enrollment, membership and all related benefits of the Program are offered at Zenefits' discretion without any legal obligation to you.

Participation in the Program is by invitation only. While current eligible participants may nominate others for an invitation, those invitations can be extended only by a Zenefits Program Administrator. The invitation is intended for a specific individual in their current role at the current company, and is not transferrable. Members may request to be removed from the program by sending an email to community@Zenefits.com with "Please Remove" in the subject line. Zenefits and the Program Administrators reserve the right to remove any member any any time and for any reason, such as violations of these Terms or disrespectful treatment of other members. Members who are removed, either at their request or in Zenefits or a Program Administrator’s discretion, immediately forfeit all points and other rights under the Program.

Zenefits specifically reserves the right to alter, withdraw or terminate any Program, benefit or reward with or without notice. Any such changes may also affect Program Points, which a member has already accumulated as well as any future accumulation of Program Points. Zenefits assumes no liability to members whatsoever, including without limitation, liability as a result of changes to or termination of Program, or any other loss, injury or damage caused by any rewards supplied or requested in connection with Program.

Points and rewards will be awarded at Zenefits' sole discretion and point value and rewards are subject to change. Some rewards may be available in restricted numbers, for limited times, or subject to additional limitations in Zenefits’ sole discretion. Program points have no monetary value whatsoever and will not under any circumstances form the basis of a monetary claim against Zenefits. The accumulation of Program points does not entitle members to any vested rights and, in accumulating Program points, members may not rely upon the continued availability of any reward, award level, premium or other benefit. Program points or rewards are personal intended for a specific individual in their current role with their current employer, and cannot be transferred and any assignment or transfer in violation of these rules will be void and may, at the discretion of Zenefits, result in the loss of membership or the cancellation of the affected reward or Program Points.

Member Content
As a member of the Program, you may choose, and we may invite you, to post to the internet (“Member Content”), including feedback, comments, ideas, questions, testimonials, experiences, photos, and success stories. Of course, Member Content does not necessarily reflect Zenefits’ views, and Zenefits assumes no liability or responsibility whatsoever for what Members may post.

By submitting Member Content, you confirm that you have the rights necessary to submit that Member Content, and that the Member Content does not infringe any copyright, privacy, or other rights of anyone else. (If you believe that any Member Content infringes your copyright, please follow the process set forth in the “Copyright Policy” section below.) Further, by posting Member Content, you give Zenefits permission to use that Member Content as Zenefits sees fit, such as to develop or improve Zenefits products or for promotional or marketing purposes, without restriction and without compensation to you.

Zenefits may remove Member Content at any time or for any reason, including but not limited to instances where Member Content:
• Defames, abuses, harasses, stalks, threatens, or otherwise violates legal rights (such as rights of privacy and publicity) of others.
• Publishes, posts, distributes, or disseminates any defamatory, infringing, obscene, indecent, misleading or unlawful material or information.
• Uploads or attaches files that contain software or other materials protected by intellectual property laws (or by rights of privacy publicity) unless we receive confirmation that the poster owns or controls the rights to such content, or has received all necessary consents to post it.
• Uploads or attaches files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Falsifies the origin or source of software or other material contained in a file that is uploaded.

Copyright Policy
As required by the Digital Millennium Copyright Act (17 U.S.C. § 512, the “DMCA”), Zenefits has implemented procedures for receiving written notification of claimed infringements, and has also designated an agent to receive those written notices. If you believe in good faith that your copyright has been infringed, please email zenelegal@zenefits.com with the subject line “DMCA Notice” or otherwise provide a written communication which contains:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description specifying the location on our website of the material that you claim is infringing;
Your email address and your mailing address and/or telephone number;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice under Sections 512(g)(2) and (3) of the DMCA by sending an email to zenelegal@zenefits.com with the subject line “DMCA Counter-Notice”:
Your physical or electronic signature;
Identification of the material removed or to which access has been disabled;
A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of California (Santa Clara County), if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

You may also send us DMCA notices or counter-notices at the mailing address in Paragraph 8, below.

  1. OWNERSHIP/LICENSE. While we encourage you to use the Program to the fullest consistent with these Terms, and grant you a limited, non-transferable, revocable license to do so, the Program, all content, all Member Content, logos, trademarks, and any other aspects of the Program are the sole property of Zenefits. Enrolling or participating in the Program does not grant you any ownership over or rights in any Zenefits property. You agree that you will not use any Zenefits copyrighted material, trademarks, or confidential or sensitive information, or other intellectual property for any purpose without Zenefits’ express written permission.

Zenefits may terminate or suspend your access to the Program (in whole or in part) at any time, with or without notice, if Zenefits has reason to believe that you have violated these Terms or are otherwise using the Program in an inappropriate manner.

  1. TERMINATION.
    These Terms, as well as any modifications or updates, apply to your use of and participation in the Program for as long as you are enrolled in or use the Program (the "Term"). Should your enrollment and participation in the Program be terminated for any reason, all obligations under Paragraphs 1, 3, 5, 7 and 8 of these Terms will survive that termination and continue in full force and effect. All Program points that you have accrued and not applied toward a reward prior to such termination will be forfeited.
  2. USE OF THE PROGRAM/COMPLIANCE WITH LAWS.
    You will use the Program as described in these Terms and in accordance with the instructions and reasonable policies established by or on behalf of Zenefits from time to time and communicated to you and/or as posted on any applicable Program web sites. You may not use the Program for any other purpose not described in these Terms or interfere with or disrupt Program servers, databases or any network connected to them; reverse-engineer any portion of the Program or any Zenefits product or service; violate any law, statute or regulation; use the Program to compete with Zenefits; conduct any other illegal activity; or harvest or otherwise collect information submitted by third parties, including e-mail addresses, without the express consent of those third parties.

You confirm that all information provided by you is being provided voluntarily and is accurate and complete and that you are not prohibited from doing providing that information. Zenefits does not guarantee against, and will have no liability arising from, any loss or alteration to Member Content or other data. Nor will Zenefits have any liability for any use of such information to administer the Program, or for any errors or inaccuracies in the Program based upon information provided by you or the person accepting these Terms on your behalf. You will be responsible for your compliance with all laws and governmental regulations affecting your business and for any use you may make of the Program. You agree to pay any applicable taxes levied or based on any rewards received by you under the Program and to comply with any professional rules regarding use of the Program or points or rewards awarded thereunder.

  1. ACCOUNT SECURITY AND PASSWORDS.
    In order to access and use the Program you will be required to provide proper authentication including your User Name, Password and any other authentication required by Zenefits ("Authentication") to access the Program. You are responsible for safeguarding the confidentiality of your account information (including your email address and Authentication selected by, or issued to, you) and agree to take any and all actions necessary to maintain the privacy of your Authentication for the Program. You are responsible for any use or misuse of your account or the Program resulting from any unauthorized third party and you agree to notify Zenefits immediately of any known or suspected unauthorized access to or use of your account or Authentication.
  2. DISCLAIMER OF WARRANTIES/LIMITATION OF DAMAGES; INDEMNIFICATION. NEITHER ZENEFITS NOR ITS LICENSORS OR VENDORS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE PROGRAM OR ANY INFORMATION, CALCULATIONS, SOFTWARE OR OTHER MATERIALS OR RESULTS INCLUDED IN OR AVAILABLE THROUGH THE PROGRAM, FOR ANY PURPOSE. ALL OF THE FOREGOING ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Zenefits AND ITS LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE PROGRAM OR ANY INFORMATION, CALCULATIONS, SOFTWARE OR OTHER MATERIALS OR RESULTS INCLUDED IN OR AVAILABLE THROUGH THE PROGRAM, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ZENEFITS WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSSES ARISING OUT OF OR OTHERWISE RELATED TO (1) YOUR USE OF THE PROGRAM OR THE PROGRAM WEBSITE, OR THE USE BY ANYONE TO WHOM YOU HAVE GIVEN ACCESS TO THE PROGRAM; (2) ERRORS, BUGS OR OTHER DEFECTS IN THE PROGRAM; (3) LOST INFORMATION; (4) ILLEGAL OR CRIMINAL ACTIVITIES; (5) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO PROGRAM RECORDS, PROGRAMS OR SERVICES OR ANY THIRD PARTY ACTIONS; OR (6) YOUR ACTIONS WITH YOUR EMPLOYEES OR VENDORS, OR THE USE OF THEIR INFORMATION.

FURTHER, YOU AGREE THAT ZENEFITS SHALL NOT BE LIABLE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES INCLUDING LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF INFORMATION THAT YOU MAY INCUR OR EXPERIENCE IN CONNECTION WITH THESE TERMS OR THE PROGRAM, HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless Zenefits from and against any and all claims, damages, costs, and expenses (including reasonable attorneys' fees) and pay the amount of any adverse final judgment (or settlement to which both parties consent) arising out of or related to any use by you of the Program.

  1. GENERAL. Except as otherwise expressly set forth herein, these Terms form the entire agreement between you and Zenefits relating to the Program. These Terms take precedence over any prior written or verbal agreement, commitment, understanding, or belief you may have regarding the Program. These Terms may be modified by Zenefits from time to time at any time and you are responsible for any updates posted on the Program web site or sent to you by Zenefits.

These Terms are governed by the laws of the State of California without giving effect to its conflict of law provisions. Any failure by Zenefits at any time to enforce any right or remedy available to it under these Terms shall not be construed to be a waiver of such right or remedy.

You and Zenefits agree that each is acting independently of the other, that you are not joint venturers, and that neither is an agent of the other. Neither you nor Zenefits will have any authority or power to enter into agreements, speak for, or otherwise bind the other in any way.

All notices to Zenefits, made under or in connection with these Terms, shall be in writing and delivered by certified mail (or other method which allows for delivery confirmation) and email to:

Zenefits
ATTN: Community
250 Brannan Street, Third Floor
San Francisco, CA 94107
community@zenefits.com
zenelegal@zenefits.com

All notices to you made under or in connection with these Terms shall be in writing and sent to the e-mail address given for participation in the Program.

You may not assign these Terms, your invitation to the Program, your account, or any other right relating to the Program without Zenefits' prior written consent. Any attempted assignment without such consent shall be void. Nothing contained in these Terms is intended to create third-party beneficiaries of or under these Terms.