Terms of Use

OVERVIEW

These Terms of Use govern your access to and use of the websites operated by We Are Kaizen LLC, including kaizencrm.biz, kaizencx.biz, and all other We Are Kaizen LLC digital properties (collectively, the "Sites"). These Terms of Use apply to all visitors, regardless of whether you are a paying client.

If you are a paying client of KaizenCRM or Kaizen CX, your use of our Services is additionally governed by our Terms of Service and Privacy Policy, both of which are available on our Sites.

By accessing or using our Sites in any way, you agree to these Terms of Use. If you do not agree, please do not use our Sites.

1. WHO WE ARE

We Are Kaizen LLC ("we," "us," or "our") is a Washington State limited liability company operating the KaizenCRM and Kaizen CX brands. Our Sites provide information about our services, free resources, and the ability to contact us or purchase our services.

2. ACCEPTABLE USE

You agree to use our Sites only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use and enjoyment of our Sites.

You agree NOT to:

• Use our Sites in any way that violates applicable local, state, national, or international law or regulation

• Use our Sites to transmit or distribute unsolicited commercial messages (spam)

• Attempt to gain unauthorized access to any part of our Sites or related systems

• Use automated tools (bots, scrapers, crawlers) to collect content or data from our Sites without our express written permission

• Reproduce, duplicate, copy, sell, or exploit any portion of our Sites or their content for commercial purposes without our written consent

• Impersonate any person or entity or falsely represent your affiliation with any person or entity

• Transmit any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable

• Interfere with or disrupt the operation of our Sites or servers

• Attempt to probe, scan, or test the vulnerability of our Sites or circumvent any security measures

3. INTELLECTUAL PROPERTY

3.1 Our Content

All content published on our Sites — including but not limited to text, copy, graphics, logos, icons, images, audio, video, and downloadable resources — is the property of We Are Kaizen LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The KaizenCRM and Kaizen CX names, logos, and brand marks are trademarks of We Are Kaizen LLC. You may not use our trademarks without our prior written consent.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Sites for personal, non-commercial informational purposes only. This license does not include the right to:

• Download or copy content for commercial purposes

• Modify or create derivative works from our content

• Use data mining or similar data gathering tools on our Sites

• Reproduce or redistribute our content on another website or platform

3.3 User Submissions

If you submit any content to us through our Sites — including form responses, feedback, or communications — you grant We Are Kaizen LLC a non-exclusive, royalty-free, perpetual license to use, reproduce, and incorporate that content for the purposes of operating and improving our Services. You represent that you have the right to submit such content and that it does not violate any third-party rights.

4. FREE RESOURCES AND DOWNLOADS

We may offer free downloadable resources, guides, or tools (such as the 5-System Audit) on our Sites. By downloading these resources, you agree that:

• The resources are provided for informational purposes only and do not constitute professional, legal, financial, or business advice

• You will not reproduce or redistribute the resources without our written permission

• Your contact information submitted to access a resource may be used to send you communications from We Are Kaizen LLC, from which you may opt out at any time

5. THIRD-PARTY LINKS AND CONTENT

Our Sites may contain links to third-party websites, services, or resources. These links are provided for your convenience only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Linking to a third-party site does not imply our endorsement of that site or its content.

6. DISCLAIMERS

6.1 No Professional Advice

The content on our Sites is provided for general informational purposes only. Nothing on our Sites constitutes legal, financial, tax, or professional business advice. You should consult a qualified professional before making any business, legal, or financial decisions.

6.2 Accuracy of Information

We make reasonable efforts to ensure the accuracy of information on our Sites, but we do not warrant that the content is complete, accurate, reliable, or up to date. We reserve the right to change, update, or remove any content at any time without notice.

6.3 Site Availability

We do not warrant that our Sites will be available at all times or that access will be uninterrupted, timely, or error-free. We reserve the right to suspend, withdraw, or restrict access to any part of our Sites at any time without notice.

6.4 No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE KAIZEN LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR SITES OR ANY CONTENT ON OUR SITES.

This limitation applies regardless of whether the damages arise from: use of or reliance on content displayed on our Sites; inability to access or use our Sites; any conduct or content of any third party on or linked from our Sites; or any unauthorized access to or alteration of your data.

Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless We Are Kaizen LLC and its members, managers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of our Sites, your violation of these Terms of Use, or your violation of any rights of a third party.

9. PRIVACY

Your use of our Sites is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. By using our Sites, you consent to the data practices described in our Privacy Policy.

10. COOKIES

Our Sites use cookies and similar tracking technologies as described in our Privacy Policy. By continuing to use our Sites after being presented with a cookie notice, you consent to our use of cookies in accordance with our Privacy Policy. You may control cookies through your browser settings, though doing so may affect the functionality of our Sites.

11. CHANGES TO THESE TERMS

We reserve the right to update or modify these Terms of Use at any time without prior notice. Changes take effect immediately upon posting to our Sites. Your continued use of our Sites after any changes constitutes your acceptance of the updated Terms of Use. We encourage you to review these Terms periodically.

12. GOVERNING LAW

These Terms of Use are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. Any disputes arising under these Terms of Use that are not subject to the arbitration provisions in our Terms of Service shall be subject to the exclusive jurisdiction of the courts located in Washington State.

13. ENTIRE AGREEMENT

These Terms of Use, together with our Privacy Policy and (for paying clients) our Terms of Service, constitute the entire agreement between you and We Are Kaizen LLC with respect to your use of our Sites.

14. SEVERABILITY

If any provision of these Terms of Use is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15. CONTACT US

If you have questions about these Terms of Use, please contact us:

We Are Kaizen LLC

Email: [email protected]

Website: kaizencrm.biz