PZM Privacy & Policy

This Software License Agreement ("Agreement") is entered into and made by and between PROTECTION ZONE MANAGEMENT, LLC of 3108 Midland Drive, Elko, Nevada 89801 ("PZM"), and Company. PZM and Company may each be referred to herein singularly as a "Party," or collectively as "Parties."

WHEREAS, PZM is a Nevada limited liability company with its principal place of business located in Elko, Nevada;

WHEREAS, PZM is in the business of providing goods and services to utility companies, including the provision of software programs and associated services;

WHEREAS, PZM is the owner of the Licensed Software, which PZM agrees to license to Company in exchange for consideration; and

WHEREAS, Company desires to license the Licensed Software from PZM in exchange for consideration.

NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, the sufficiency of which is expressly acknowledged, the Parties agree as follows:

(a) "Confidential Information" as used in the Agreement shall mean: the Licensed Software and any and all Intellectual Property Rights, Derivatives, and Embodiments related thereto, business records and plans, blueprints, technical drawings, methods, business information, formulations, specifications, marketing plans and strategies, financial statements, customer lists and records, technical information, products, inventions, product design information, pricing structure, discounts, costs, computer programs and listings, "Nonpublic Personal Information" as that term is defined under the Gramm-Leach-Biley Act of 1999, 15 U.S.C. Section 6801, as amended from time to time, source code or object code, intellectual property, and any and all related information.

(b) "Default" means: (1) any material breach of this Agreement that is not cured within thirty (30) days after receiving written notice of the breach; (2) any material misrepresentation made by either Party; or (3) commencing a case under or otherwise seeking to take advantage of any bankruptcy, reorganization, insolvency, readjustment of debt, dissolution or liquidation law, statute or proceeding.

(c) "Derivatives" mean any and all (i) derivative works (as defined in Section 101 of the U.S. Copyright Act) of the Licensed Software; (ii) improvements, modifications, alterations, adaptations, enhancements and new versions of the Licensed Software; and (iii) technology, inventions, products or other items that, directly or indirectly, incorporate, or are derived from, any part of the Licensed Software.

(d) "Embodiment" means all instantiations of the Licensed Software, including, but not limited to, all documentation, drafts, papers, designs, schematics, diagrams, models, prototypes, software, computer-stored data, diskettes, manuscripts and other items, that describe all or any part of the Licensed Software, any Derivatives, any Intellectual Property Rights or any information related thereto or in which all or any part of the Licensed Software, any Derivatives, any Intellectual Property Right or such information is set forth, embodied, recorded or stored.

(e) "Intellectual Property Rights" mean any and all of the following and all rights in, arising out of, or associated therewith: (i) worldwide patent rights and patent applications, reissues, divisions, re-examinations, renewals, extensions, provisionals, continuations and continuations-in-part thereof and equivalent or similar rights anywhere in the world in inventions and discoveries, including without limitation invention disclosures; (ii) copyrights, copyright registrations, copyright renewals and applications therefor, Moral Rights and all other rights corresponding thereto throughout the world; (iii) industrial designs and any registrations and applications therefor throughout the world; (iv) trademarks, trade names, logos, service marks, common law trademarks and service marks, trademark and service mark registrations and applications and renewals therefor throughout the world, and all goodwill associated therewith throughout the world; (v) rights in Internet addresses and domain names, applications and registrations therefor throughout the world; (vi) any similar, corresponding or equivalent rights to any of the foregoing throughout the world; and (vii) all rights and remedies against past, present, and future infringement, misappropriation, or other violation of the foregoing throughout the world.

(f) "Licensed Software" includes PZM's "Protection Zone Management"/"PZM" Software, as well as: all computer programs, operating systems, applications systems, firmware or software of any nature, whether operational, under development or inactive, including all object code, source code, comment code, algorithms, models and methodologies, menu structures or arrangements, icons, operational instructions, scripts, files, net lists, commands, syntax, screen designs, reports, records, designs, concepts, technical manuals, test scripts, user manuals, databases, compilations and other documentation therefor, whether in machine-readable form, programming language or any other language or symbols, and whether stored, encoded, recorded or written on disk, tape, film, memory device, paper or other media of any nature and all databases necessary or appropriate to operate any such computer program, operating system, applications system, firmware or software.

(g) "Moral Rights" mean any and all rights of attribution, integrity and disclosure, including the rights to claim authorship to, or object to, any distortion, mutilation or other modification or other derogatory action in relation to a work, whether or not such action would be prejudicial to the author's reputation, and any similar right, existing under common or statutory law of any country in the world or under any treaty, regardless of whether or not such right is denominated or generally referred to as a "moral right."

(a) License. Subject to the terms and conditions of this Agreement, PZM hereby grants Company a non-exclusive, non-transferable, revocable license to use the Licensed Software. This license does not include the right to sublicense the Licensed Software. Company shall also be bound by the following terms: Company shall not remove or alter any of the copyright, trademark, or patent notices (if any) on the Licensed Software; Company shall not rent, lease, license, sublicense, lend, assign, sell, or otherwise transfer any right to use the Licensed Software without the express written approval of PZM; Company shall not reverse engineer, decompile, disassemble, copy or modify the Licensed Software or create derivative works from the Licensed Software; and Company shall not remove any proprietary notices, labels, or marks on, or connected with, the Licensed Software.

(b) Training and Support. As part of the license fee paid pursuant to the terms of this Agreement, PZM will provide Company with 8 hours training with the Licensed Software. In the event Company requires any additional training, PZM will provide such training in exchange for PZM then-existing hourly fees. PZM will also provide support to Company for the Licensed Software in exchange for PZM's then-existing hourly fees.

(c) Consideration for License. In exchange for this license, Company agrees to compensate PZM monthly or annually. Compensation is subject to negotiation on an annual basis.

(a) Warranty. PZM warrants that it has the right to grant the licenses granted pursuant to this Agreement and that it shall provide any related products or services with reasonable skill, care and diligence. PZM shall have no liability to remedy a breach of warranty where such a breach arises as a result of any of the following circumstances: (1) the improper use or operation of the Licensed Software; (2) the merger or use (in whole or in part) with any software or hardware by any person or company other than PZM; (3) any failure by Company to follow PZM' recommendations regarding the Licensed Software; or (4) the use of the Licensed Software for a purpose not reasonably to be inferred from this Agreement or related materials or documentation.

(b) EXCLUSION OF WARRANTIES AND CERTAIN DAMAGES. COMPANY EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE LICENSED SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, HIGH ENERGY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED SOFTWARE AND PZM EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. PZM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGES, WHETHER INDIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE LICENSED SOFTWARE. IN NO EVENT SHALL PZM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, OR ARISING OUT OF, THE PERFORMANCE OR USE OF ANY PORTION OF THE LICENSED SOFTWARE.

(c) Mutual Indemnification. PZM shall indemnify and hold Company and its suppliers, licensors, officers, directors, employees, attorneys, and affiliated entities, harmless from any and all damages, costs, claims, demands, expenses, and liabilities (of whatever nature) arising out of or in connection with any claim based on breach of any warranty in this Section. Company shall indemnify and hold PZM and its suppliers, licensors, officers, directors, employees, attorneys, and affiliated entities, harmless from any and all damages, costs, claims, demands, expenses, and liabilities (of whatever nature) arising out of or in connection with any claim based on breach of any breach of its obligations under the terms of this Agreement.

(a) Obligations of Confidentiality; Limitations of Use. Company shall not disclose or disseminate PZM's Confidential Information unless expressly authorized to do so by PZM in a writing executed by a duly authorized representative of PZM. Company shall further use the same degree of care as it uses to protect its own information of a like nature, but in any event no less than reasonable degree of care, to prevent disclosure of any Confidential Information to any third party. Company shall not disclose any Confidential Information to any of its employees unless they have executed a confidentiality agreement satisfactory to PZM and only on a need-to-know basis. Company shall ensure that all persons afforded access to the Confidential Information refrain from any unauthorized use, copying or disclosure. Company shall not retain or use any Confidential Information except to the extent necessary to perform services for PZM. Company shall not reverse engineer or otherwise attempt to derive the composition or underlying information, structure, or ideas of any Confidential Information. Company shall give prompt written notice to PZM of any unauthorized disclosure of Confidential Information of which it becomes aware. Company shall be liable for any misappropriation of the Confidential Information by its employees or agents.

(b) Return of Confidential Information. Company shall return all Confidential Information in its possession, custody or control to PZM within five (5) days of receiving notice from PZM.

(c) Survival of Confidentiality Obligations. Company's obligations respecting the confidentiality of the Licensed Software and other materials containing Confidential Information shall survive the termination of this Agreement and shall remain in effect for as long as Company continues to possess or control the Licensed Software or any other Confidential Information furnished by PZM to Company.

(d) Injunctive Relief. In recognition of the fact that the unauthorized disclosure, copying, or use of the Licensed Software or any materials containing Confidential Information could cause irreparable harm and significant injury to PZM, which may be difficult to measure with certainty or to compensate through damages, Company agrees that a court of competent jurisdiction shall, in addition to other damages afforded under the law, grant such injunctive or other equitable relief as PZM may seek to enforce the provisions of this Agreement.

Company shall not compete directly or indirectly with PZM's business for a period of two (3) years from the termination date of this Agreement. This non-compete shall be world-wide.

TERM AND TERMINATION

(a) Term. This Agreement shall commence on the Effective Date, and shall continue for a period of twelve (12) months. The Agreement shall renew for consecutive twelve (12) month periods unless either Party gives the other thirty (30) days written notice prior to the end of the given twelve (12) month term.

(b) Termination. PZM and Company shall have the right to terminate this Agreement immediately without notice in the event that PZM or Company is in breach of its obligations under any of Sections 4 or 5, or is in Default.

(c) Effect of Termination. Upon termination of this Agreement, the license granted to Company pursuant to this Agreement shall automatically terminate, and any and all services provided by PZM, if any, shall immediately cease.

(d) Additional Remedies. Except as expressly limited by this Agreement, termination of this Agreement shall be without prejudice to any other remedy which may be available to a Party due to a breach of this Agreement.

(a) No Waiver. No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other Party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity, or otherwise.

(b) Governing Law: Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. In the event a dispute or litigation arises between the Parties, venue shall be exclusively in a court of competent jurisdiction located in Elko County, Nevada, or the Federal District Court located in Washoe County, Nevada. The Parties agree that this is a mandatory forum selection clause.

(c) Attorneys' Fees and Costs. In the event litigation arises between the Parties regarding the rights and obligations of the Parties under this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees and costs.

(d) Entire Agreement. This Agreement contains the entire agreement of the Parties and supersedes any and all prior, written or oral, agreements among them concerning the subject matter of this Agreement.

(e) Binding Effect. The terms, conditions, covenants and agreements contained herein shall inure to the benefit of and be binding upon the Parties hereto and their respective heirs, administrators, successors and permitted assigns.

(f) Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original agreement. The Parties also agree that faxed or email-scanned signatures shall be binding and enforceable.

(g) Notices. All notices and other communications required or permitted under this Agreement shall be validly given, made, or served if in writing and delivered personally, sent by registered mail, email, receipted commercial courier, or by electronic receipt (acknowledged in like manner by the intended recipient) facsimile transmission to the Parties at the following addresses:

If To PZM:

PROTECTION ZONE MANAGEMENT, LLC
Attn: Jay Elquist, Managing Member
3108 Midland Drive
Elko, Nevada 89801
jay@pzm-app.com

With a Copy to:

Matthew D. Francis, Esq.
Brownstein Hyatt Farber Schreck, LLP
5371 Kietzke Lane
Reno, Nevada 89511
mfrancis@bhfs.com

(h) Additional Remedies. Except as expressly limited by this Agreement, termination of this Agreement shall be without prejudice to any other remedy which may be available to either Party due to a breach of this Agreement.

(i) Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of this Agreement.

(j) Number and Gender. As used in this Agreement, the masculine, feminine, or neuter gender, and the singular or plural number, shall each be considered to include the others whenever the context so indicates.

(l) Reservation of Rights. All rights not expressly granted herein are reserved.

(n) Survival. The provisions of Sections 1, 3-7 shall survive the termination of this Agreement for any reason. Any other rights and obligations of the Parties hereunder shall cease upon termination of this Agreement, but without prejudice to any accrued rights, liabilities or remedies of either Party hereunder or to any rights or remedies to which a Party may be entitled to at law or in equity.

(o) Excused Performances. Nonperformance of either Party shall be excused, and any performance date shall be extended, to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, telecommunications services or equipment or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing Party.

(p) Amendment or Modification. This Agreement may not be amended or modified in any respect except by a written instrument signed by both Parties.

(q) Section Headings. The Section headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the Sections to which they pertain.

(r) Independent Agents. The Parties are independent contractors and nothing contained in this Agreement shall be construed to constitute the Parties as partners, joint venturers, co-owners, principals and agents, or otherwise as participants in a joint or common undertaking.

(s) Assignment and Delegation. The Parties shall neither assign nor delegate, sub-contract or otherwise transfer any of their rights, obligations or licenses hereunder or appoint any agent to perform their respective obligations hereunder without the prior written consent of the other Party.

PROTECTION ZONE MANAGEMENT "PZM"

PRIVACY POLICY

Effective date: March 07, 2019

PROTECTION ZONE MANAGEMENT, LLC ("us", "we", or "our") operates the https://pzm-app.com website and the PZM Protection Zone Management mobile application (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

Service

Service means the https://pzm-app.com website and the mobile application operated by PROTECTION ZONE MANAGEMENT, LLC

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by contacting us.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Use of Data

PROTECTION ZONE MANAGEMENT, LLC uses the collected data for various purposes:

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

PROTECTION ZONE MANAGEMENT, LLC will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If PROTECTION ZONE MANAGEMENT, LLC is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, PROTECTION ZONE MANAGEMENT, LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

PROTECTION ZONE MANAGEMENT, LLC may disclose your Personal Data in the good faith belief that such action is necessary to:

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: jay@pzm-app.com