1. Acceptance of Terms

Welcome to Zoplenti. By accessing or using Zoplenti.com (“Platform”), you enter a legally binding agreement with SMH Enterprises, L.L.C., DBA Zoplenti (“we,” “us,” or “our”). These Terms of Service (“Terms”) and our Privacy Policy govern your use of the Platform. If you do not agree to these Terms, please discontinue use immediately.

We may revise these Terms occasionally. The “Last Updated” date reflects the latest updates, and by continuing to use the Platform, you agree to these modifications. You also consent to the terms of our Privacy Policy by using the Platform.

2. Third-Party Content & No Professional Advice

1. Third-Party Content: The Platform may include links to third-party websites or rely on third-party services. We do not control, monitor, or endorse third-party content and are not responsible for its availability or accuracy. You access third-party websites and services at your own risk.
2. No Professional Advice: The content on our Platform is provided solely for informational purposes and does not constitute professional advice (e.g., legal, career, or financial). Your use of the Platform does not establish a professional relationship between you and us. We do not participate in transactions between you and any third parties featured on the Platform.

3. Intellectual Property Rights

1. Our Intellectual Property:  We own all intellectual property rights related to the Platform, including text, graphics, logos, and trademarks. These materials are protected under U.S. and international intellectual property laws. Certain client logos may appear on our Platform with permission and are used solely to represent our partnerships. You may view and print content for personal use only. Any commercial or other use requires our prior written permission.
2. Your Content Submissions: We do not claim ownership over the content you submit. However, by uploading content to public areas of the Platform, you grant us a non-exclusive, royalty-free license to use, display, modify, and distribute it. You affirm that you have all necessary rights to the content and allow us to use any feedback you provide without compensation.
3. Copyright Infringement: We respect intellectual property rights. If you believe that content on our Platform infringes your copyright, please send a notice to legal@zoplenti.com. In your notice, include a description of the copyrighted work, identification of the infringing material and where it’s located on our Platform, and your contact information (mailing address, phone number, and email). Also, please affirm in good faith that the use of the copyrighted material is unauthorized, and certify the accuracy of your report under penalty of perjury. Be sure to include your full legal name and electronic or physical signature.

4. Acceptable Use Policy

By using our Platform, you agree to be at least 18 years old and have the legal capacity to form a binding agreement. You are responsible for maintaining a single account, ensuring that the information provided is accurate and truthful, and for all activities that occur under your account. Additionally, you agree not to post any content that could be considered offensive, defamatory, misleading, or illegal.

We expect users to refrain from unlawful activities on the Platform, including promoting violence or distributing malware. Any use of our content requires our express permission; therefore, copying, republishing, or reusing Platform content without consent is prohibited. Furthermore, you agree not to interfere with the Platform’s functionality through automated tools such as bots, web crawlers, or any other similar processes.

We reserve the right to take corrective action for any behavior that violates these Terms, including removing content, suspending accounts, or implementing additional restrictions as necessary.

5. Confidentiality

You agree not to disclose or use any confidential information related to our business, users, operations, or proprietary data without our prior written consent. Confidential information includes, but is not limited to, our business strategies, client relationships, and any other non-public information you may access through the Platform. You are expected to use commercially reasonable efforts to protect and safeguard all confidential information.

6. Breach of Terms

If you violate these Terms or any applicable law, we may, at our sole discretion, suspend or terminate your access to the Platform, disclose your information to authorities for investigation, remove or moderate any content you have submitted, or pursue any other legal remedies available to us.

7. Disclaimer of Warranty & Limitation of Liability

The Platform and all its contents are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Users are encouraged to independently verify any information provided on the Platform.

To the fullest extent permitted by law, we are not liable for any indirect, special, incidental, or consequential damages arising from your use of the Platform, including but not limited to lost profits, data loss, or property damage. Our total liability, if any, shall not exceed the fees you paid to us, if applicable. Certain jurisdictions do not allow limitations on implied warranties or liability, so these limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless Zoplenti, its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, costs, or expenses (including attorney’s fees) arising from any third-party claims due to or resulting from your use of the Platform, your violation of these Terms, or your infringement of any third-party rights.

9. Arbitration & Class Action Waiver

1. Arbitration: Any disputes arising from or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Arbitration will be conducted based on written submissions, with no in-person or oral hearing unless required by law. This arbitration shall be governed by the laws of the State of Florida. By agreeing to these Terms, you waive the right to pursue any claims in court or to have a jury trial.
2. Class Action Waiver: By using our Platform, you agree to resolve any disputes with us on an individual basis. You waive the right to participate in any class, collective, or representative actions. Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.

10. General Provisions

1. Communications: You consent to receive communications from us electronically, including emails and notifications, which shall have the same legal force as communications in paper form.
2. Relationship: Your use of the Platform does not create any partnership, joint venture, or employment relationship between you and Zoplenti.
3. Force Majeure: We are not responsible for any delays or failures to perform resulting from events beyond our control, such as natural disasters, strikes, or technical failures.
4. Hyperlinks: You may link to our Platform, provided the link does not harm our reputation or imply any unauthorized association with Zoplenti.
5. Severability: If any part of these Terms is found to be unenforceable, only that specific part will be affected, and the remaining Terms will continue to be valid.
6. Assignment: We may assign our rights or obligations under these Terms to another party at our discretion, without notice or your consent.
7. Waiver: Our failure to enforce any part of these Terms does not constitute a waiver of our right to enforce it at a later time.
8. Prevailing Language: If there are discrepancies between the English version of these Terms and any translation, the English version will take precedence.

11. Contact Information

If you have questions or concerns regarding these Terms, please contact us at:

Zoplenti

401 East Jackson Street, Suite 2340
Tampa, FL 33602

Email: legal@zoplenti.com