WinFlex Platform Terms Of Use

Effective Date: October 1, 2024

Last Modified: October 1, 2024.

 

The following terms and conditions (the “Terms of Use”) are entered into by and between you and Zinnia Distributor Solutions, LLC. (“Zinna “, "we," or "us"), and govern your access to and use of the Zinnia WinFlex Platform (the "Platform"), including but not limited to any content, functionality, and information (the “Services”) offered on or through the Platform. If you have (or, to the extent you are using the Platform on behalf of an entity, your entity has) entered into a separate agreement with Zinnia that addresses the use of the Platform and related Services (any such agreement, the “Agreement”), then in the event of a conflict or inconsistency between these Terms of Use and the Agreement, the Agreement shall prevail.

 

Acceptance of the Terms of Use

By accessing or using any part of the Platform, you agree that you have read, understand, and agree to be bound by these Terms of Use, our Privacy Policy, and any policies, practices, procedures, processes, and requirements made available to you. You are also responsible for reviewing, monitoring, and complying with posted requirements. Zinnia reserves the right to update, revise, or otherwise modify the Terms at any time. Any changes to the Terms will become effective when you are notified of the changes or as of the “Last Modified” date listed at the top of the Terms, whichever is earlier.

Your continued use of the Platform and Services, after the Effective Date or Last Modified date shall be deemed an acceptance of the revised Terms. If you do not agree to be bound by the Terms, do not access or use any part of the Platform.

 

Accessing the Platform and Account Security

We reserve the right to modify the Platform, and any service, information, or material offered on the Platform, in our sole discretion and without notice. From time to time, we may restrict access to some or all of the Platform at our sole discretion. THE SERVICES AND THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTIES WITH RESPECT TO THE SERVICES OR THE PLATFORM, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR THAT THE PLATFORM OR THE SERVICES OFFERED THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

You are responsible for all technical and security requirements outlined in the Policy Hub, which are required to access the Platform.

You may need to register for an account in order to access the Platform or receive the Services. To ensure the security of the Platform and Zinnia systems, you agree to (i) use your personal device, and a secure internet connection when accessing your account; and (2) exit/log out of your account after each session. You must treat your username and password as confidential and personal to you. You must not disclose your username and password to any other person or entity. You agree to notify us immediately, but no later than 48 hours, of any unauthorized access to or use of your account, your username and password, or any other breach of security, and you shall be liable for, and indemnify us, for any data or security incident or breach, caused by your violation of the foregoing obligations.

We have the right to disable your access to the Platform or any username, password, or other identifier, whether chosen by you or provided by us, at any time, at our sole discretion.

 

Third-Party Sites.

The Platform may reference, link to, or gather material from, other internet sites that are not created, published, maintained, or otherwise controlled by us. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of these sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so at your own risk and are subject to the terms and conditions of such third-party websites. These Terms of Use apply only to the Services offered on the Platform.

 

Consent To Do Business Electronically.

By creating an account on this Platform, you give your signed permission for Zinnia to do business with you and send you documents electronically, including via email, as detailed in the Consent to do Business Electronically.

 

Contact Information.

If you provide your address, phone number, and email (your “Contact Information”) through the Platform, you agree to keep this Contact Information current, accurate, and complete so that we may send notices, statements, and other information to you via email or through your Platform account, which notifications will be subject to the Terms. You further consent to allow us to use such Contact Information for marketing purposes, including via text message and live, automated and pre-recorded telephone calls, even if your number is on a Do Not Call list. You can revoke these consents at any time by emailing us at support.winflex@zinnia.com

 

Information You Submit.

We use the information you submit to us through the Platform to respond to your inquiries for information or requests for Services. If you submit information on behalf of a customer, you represent and warrant that you do so in accordance with and as required by federal, state, and local rules and regulations (“Applicable Law”) and that the information you submit is true, complete, and accurate. By submitting such customer information to us, you further represent that you: (i) have obtained prior express written consent from such individual to share such information with us; (ii) have obtained prior express written consent from such individual to receive commercial communications (including to cellular devices, calls involving prerecorded messages or artificial voices, autodialed calls, and text messages) from us, (iii) will retain records of such individuals’ express written consent as required by Applicable Law, following provision of the same, (iv) will produce such records to us, upon written request within 48 hours, and (v) will inform us immediately, in writing at support.winflex@zinnia.com, if any such consent is revoked or otherwise modified by any individual.

 

Cookies.

The Platform may use "cookies" (i.e., small files that are stored by your Web browser to help a particular system recognize you and the pages you visit in the Platform) to store certain personal preferences for your future visits to the Platform. Cookies tell us, among other things, whether you have visited the Platform before. In some cases, we may store the information needed to grant you access in a cookie. Cookies allow the Platform to recognize you more quickly, so your time spent on the Platform is more productive. You can learn more about cookies at http://www.cookiecentral.com. We may monitor data as may be necessary to meet legal, federal, state, and other regulatory requirements, as described in our Privacy Policy and these Terms.

 

Data Use.

By agreeing to these Terms of Service, you give Zinnia consent to collect, aggregate, and use the data generated by the Platform for various business purposes. Including user interfaces, user experiences, statistical analysis, visualizations, dashboarding, data modeling, data model training, comparisons and benchmarking purposes.

Under no circumstances will any Personally Identifiable Information (PII) of individual clients be disclosed.

 

Prohibited Uses.

As a condition of your use of the Platform and Services, you agree that you will not restrict or inhibit any other user from using and enjoying the Platform. You shall not use the Platform to: (a) engage in or encourage conduct that would constitute a criminal offense or give rise to civil or criminal liability; (b) distribute in any manner any harmful, obscene, defamatory or otherwise illegal or objectionable material of any kind; (c) spoof or otherwise impersonate any individual or entity, or forge, copy, delete, alter, or create derivative works or improvements of any part of the Platform or the information provided on the Platform; (d) violate or attempt to violate, the security of the Platform; (e) infringe upon or misappropriate any copyright, patent, or other intellectual property, trade secret, or other proprietary rights (in which event you may be ordered by a court to pay money damages to the rightful owner of any such rights you violate); (f) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Platform or Services, in whole or in part; (g) access or use the Platform or Services for purposes of competitive analysis of the Platform or Services, the development, provision, or use of a competing software service or product or any other purpose that is to our detriment or commercial disadvantage;  (h) create illustrations and use the data provided for anything other than the legitimate business purposes of selling the financial services products available on the Platform; (i) assist or permit any persons in engaging in any of the activities described above.

 

Consequences Of Unacceptable Use.

With regard to any alleged or actual illegal activities by you involving the Platform, including your violation of these Terms of Use or the Agreement, we reserve all rights including, without limitation, the following: (a) the right to investigate and to involve and cooperate with law enforcement authorities; and (b) the right to immediately and without notice, terminate your access to the Platform.

 

Linking to the Platform.

You may use linking features solely as they are provided by us and only for your legitimate business purposes. Subject to the foregoing, you must not:

         Establish a link from any Platform that is not owned by you or any social media platform.

         Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

         Link to any part of the Platform other than the homepage.

         Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our sole discretion.

 

Geographic Restrictions.

We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Any information provided on the Platform is restricted to and intended for persons located in the United States.

By default, we disable the submission of personal information to our Platform from visitors using IP addresses located outside the United States. If you need access to your account and are using an IP address located outside of the United States, please email privacy@ Zinnia.com with (i) a description of the access and/or help you need, and (ii) an express consent to use any personal information in our possession to respond to your request.

 

Governing Law and Jurisdiction.

All matters relating to the Platform and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

 

Waiver and Severability.

No waiver by Zinnia of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Zinnia to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

 

Your Comments and Concerns.

This Platform is owned and operated by Zinnia Distributor Solutions, LLC., 5801 SW 6th Ave, Topeka, KS, 66606.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to support.winflex@zinnia.com.