Website Terms of Use | Zingle Messaging
Website Terms of Use | Zingle Messaging
The Zingle terms of use for website viewers.
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TERMS OF USE

EFFECTIVE: 1/19/17

 

Please Read These Terms and Conditions Carefully Before Using This Site

 

Welcome to Zingle. The following terms and conditions (the “Terms of Use”) are a legal agreement between You, the user (“You”) and Zingle, Inc. (“Zingle” or “we”) that govern Your use of and access to the www.zingle.me website (the “Site”) and all materials, information, products and services available on the Site (collectively, the “Service”); provided, however, that if you are, or your employer is, a subscriber to the Zingle subscription service (the “Subscription Service”), then your access and use of the Subscription Service will be governed by the terms and conditions set forth in a separate agreement between You and Zingle, as set forth in Section 2 below. By using the Service, You acknowledge that You have read, understand and agreed to be bound by these Terms of Use and our Privacy Policy. If You do not agree to these Terms of Use and our Privacy Policy, do not use the Service.

 

AS FURTHER DESCRIBED BELOW, THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. [We note that someone can test the Service without clicking-to-agree to the terms.  This exposes you to a lot of liability arising out of the test messages, as a user will have a strong argument there is no contract if they did not click-to-accept.]

 

1 . Use of the Service

 

a. License. Subject to these Terms of Use, Zingle grants to You a limited, nonexclusive, personal right to access and use the Service. Except as stated herein, the materials or information on the Service may not be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Zingle. Any unauthorized use of any material or information contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, You may copy, distribute and download the materials and information on the Service for personal, noncommercial use, provided You do not modify, create derivative works of, or attempt to derive the source code of the Service and that You retain all copyright and other proprietary notices contained in the Service. This permission terminates automatically if You breach any provision contained in these Terms of Use. Upon termination, You must immediately destroy any downloaded and printed materials and information. Except as otherwise provided on the Service, all rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Service and in all materials and information contained on the Service belong exclusively to Zingle and/or its licensors.

 

b. RestrictionsYou agree not to: (a) take any action that imposes an unreasonable load on the Service’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service; (d) delete or alter any material Zingle or any other person or entity posts on the Service; (e) frame or link to any of the materials or information available on the Service; (f) alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available; (g) use any trademarks, service marks, design marks, logos, photographs, or other content belonging to Zingle or obtained from the Service; (h) access, tamper with, or use non-public areas of the Service, Zingle’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Zingle’s providers; (i) harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Zingle employees; (k) provide any false personal information to Zingle; (l) create a false identity or impersonate another person or entity in any way; (m) create a new account with Zingle, without Zingle’s express written consent, if Zingle has previously disabled an account of Yours; (n) solicit, or attempt to solicit, personal information from other users of the Service; (o) restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about users of the Service; (p) use the Service to send emails or other communications to persons who have requested that You not send them communications; (q) use the Service, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; (r) gain unauthorized access to the Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service; (s) post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; (t) interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers; (u) violate any applicable federal, state, or local laws or regulations or the terms of these Terms of Use; or (v) assist or permit any persons in engaging in any of the activities described above.

 

2. Use of Zingle Materials

Any use of Zingle’s proprietary enterprise messaging platform, software, phone numbers and/or devices (collectively, “Zingle Materials”) that You subscribe to, access and/or use is subject to the terms and conditions of the Zingle SaaS Agreement (the “SaaS Agreement”). By subscribing to, accessing or using the Zingle Materials, You indicate that You have read, understood and agree to the terms of the SaaS Agreement. In the event there is a conflict between these Terms of Use and the terms and conditions provided in the SaaS Agreement, the terms of the SaaS Agreement shall govern with respect to such conflict. All rights, title, and interests in and to the Zingle Materials not expressly granted are reserved by Zingle.

 

3. Content

By uploading, emailing, posting, publishing, transmitting or submitting any ideas, content or information (collectively (and excluding, for the avoidance of doubt, text messages sent using the Subscription Service, including on a free-trial basis, “Content”) on or through the Service, You automatically grant Zingle a perpetual, royalty-free, irrevocable, nonexclusive, worldwide right and license to use, reproduce, modify, adapt, publish, transmit, publicly perform, publicly display and distribute such Content on or in any form, medium, or technology now known or later developed, but solely for the purpose of providing you with the Service.

 

You are solely responsible for Your Content and the consequences of posting or publishing Content. By posting or publishing Content, You affirm, represent, and warrant that: (i) You have the necessary licenses, rights, consents, and permissions to authorize Zingle and users of the Service to use and distribute Your Content as necessary to exercise the licenses granted by You in this section, in the manner contemplated by Zingle, the Service, and these Terms of Use; and (ii) Your Content, and the use of Your Content as contemplated by these Terms of Use, does not and will not: (a) infringe, violate, or misappropriate any third-party right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) cause Zingle to violate any law or regulation.  You will not upload, email, post, publish or otherwise transmit through the Service any Content that (1) is false or misleading, (2) is threatening, harassing or promotes bigotry, racism, hatred or harm against any group or individual; (3) is scandalous, obscene, profane or pornographic; (4) infringes another’s rights, including but not limited to intellectual property rights or (5) constitutes unsolicited e-mail, “junk mail,” “spam”, solicitations, promotions, advertisements or chain letters.

In addition, You warrant that all moral rights in the Content have been waived. All Content will be treated by Zingle as non-confidential and non-proprietary. Notwithstanding the foregoing, all personal data provided to or captured by Zingle online will be handled in accordance with Zingle’s Privacy Policy.

 

 

4. Third Party Website, Content, Products and Services

The Service may provide links to third party websites and access to content, products and services from third parties, including users, advertisers, affiliates, and sponsors of the Service. You agree that Zingle is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by other websites regarding privacy and other topics before You use them. You agree that Zingle is not responsible for third party content accessible through the Service, including opinions, advice, statements, and advertisements, and understand that You bear all risks associated with the use of such content. If You choose to purchase any products or services from a third party, Your relationship is directly with the third party. You agree that Zingle is not responsible for: (a) the quality of third party products or services; and/or (b) fulfilling any of the terms of Your agreements with the sellers, including delivery of products or services and warranty obligations related to purchased products or services. You further agree that Zingle is not responsible for any loss or damage of any sort You may incur from dealing with any third party.

 

5. Privacy

Zingle’s Privacy Policy will apply to Your use of the Service. The terms of Zingle’s Privacy Policy are made a part of these Terms of Use; please review Zingle’s Privacy Policy and related information about Your privacy and Zingle’s use of Your information. You acknowledge and agree that You are responsible at all times for maintaining the confidentiality and protection of Your account and password information if such information is applicable to Your use of the Service.

 

6. Account Registration and Eligibility.

a. Age Requirement. In order to use the Service, You must be in a country in which Zingle is legally authorized to operate the Service and be at least 18 years of age. You represent that (i) You have read and understood, and that You agree to be bound by, these Terms of Use, and (ii) You are at least 18 years of age. If You do not agree to, or cannot comply with, these Terms of Use please do not check the acceptance box and do not attempt to access any of the Service. If You are using the Service on behalf of an entity, organization or company (“Company”), then You represent and warrant that You have the authority to bind the Company to these Terms of Use and agree to be bound by these Terms of Use.

b. Receiving Messages. By agreeing to these Terms of Use or requesting a text message from us, You agree that we and those acting on our behalf may send You text (SMS) messages (including texts sent using an autodialer) from us at the phone number You provided us, even if that number is on a National or State Do Not Call List. These messages may include the information you requested and operational messages related to Your use of the Service, as well as marketing or other promotional messages. YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES TO OPT OUT. You may also opt out by sending an email with your cellphone number and the subject line “Opt-Out” to info@zingle.me.  You may continue to receive text messages for a short period while we process Your request, and You may also receive text messages confirming the receipt of Your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase or service offered by us. If You change or deactivate the phone number You provided to us, You must update Your account information to help prevent us from inadvertently communicating with anyone who acquires Your old number.  Standard telephone minute charges applied by Your cell phone carrier may apply. We may, without further notice or warning and in our discretion, monitor or record telephone conversations and text message communications that we have with You or anyone acting on Your behalf for quality control and training purposes or to protect our rights.  You agree that we may send You emails concerning our products and services, as well as those of third parties.  You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.  [Note to Zingle:  We included this language to help cover potential marketing text message from you.  However, it likely does not reduce TCPA-related risk substantially.  To send marketing text messages in compliance with the TCPA, a user needs to affirmatively agree to them after seeing appropriate disclosures and entering the number to which they wish to receive text messages.

 

7. U.S. Government Restricted Rights

In addition to the restrictions set forth in these Terms of Use, the Service is provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by any federal, state or local government or authority is subject to further restrictions as set forth in applicable laws and regulations. Use of the Service by such government or authority constitutes acknowledgment of Zingle’s proprietary rights in them.

 

8. Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, AND THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SERVICE, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, ZINGLE , ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, “ZINGLE PARTIES”) HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND WITH RESPECT TO THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE ZINGLE PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE ZINGLE PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, ZINGLE PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ZINGLE PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

 

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZINGLE, OR ITS AFFILIATES, DISTRIBUTORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR COVER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), OR ANY OTHER SIMILAR DAMAGES OR LOSS, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SERVICE, THE INFORMATION AND MATERIALS ON THE SERVICE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF ZINGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZINGLE’S MAXIMUM LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THE SERVICE WILL BE $50.

 

10. Indemnification And Release

To the fullest extent permitted by law, You will hold Zingle harmless from any and all claims, demands, and expenses, including attorney’s fees, arising from Your use of the Service and any information, materials, services, or products available through the Service in a manner not authorized by these Terms of Use.

 

11.  Export Controls/Legal Compliance

None of the materials or technology available on the Service may be downloaded or otherwise exported or re-exported in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; or to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals.

 

12. Term; Termination of Use

These Terms of Use are effective beginning when You access the Service.  You agree that Zingle may, in its sole discretion, at any time terminate Your access to the Service and any account(s) You may have in connection with the Service. Access to the Service may be monitored by Zingle. You may discontinue use of the Service at any time. Upon termination of these Terms of Use: (i) Your license rights will terminate and You must immediately cease all use of the Service; (ii) You will no longer have access to Your account (if any); and (iii) Sections 1.b, 3, 5, 6. b, and 7 – 19 will survive.  Zingle reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to You. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service.

 

13. Changes

Zingle reserves the right, at its sole discretion, to modify the Terms of Use in whole or in part, at any time; provided that Zingle will endeavor to provide You with prior notice of any material changes to the Terms of Use. Please check this page periodically for changes. Changes in the Terms of Use will be effective when notice of such change is posted. Your continued use of the Service after any changes to the Terms of Use are posted will mean You accept those changes. Zingle may terminate, change, suspend, or discontinue any aspect of the Service, including the availability of any features of the Service, at any time. Zingle may also impose limits on certain features and services or restrict Your access to parts or all of the Service without notice or liability.

 

14. Copyright Complaints

We respect the intellectual property of others, and we ask You to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others. Zingle’s intellectual property policy is to (i) remove or disable access to material that Zingle believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service, and (ii) remove any Content uploaded to the Service by “repeat infringers.”  Zingle considers a “repeat infringer” to be any user that has uploaded Content to or through the Service and for whom Zingle has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such Content.  Zingle has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Zingle’s own determination.  If You believe that Your work or content has been copied in a way that constitutes copyright infringement, please contact us at info@zingleme.com and provide the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed; (ii) identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works; (iii) identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Zingle to locate the material; (iv) information reasonably sufficient to permit Zingle to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; (v) a statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our agent for notice of claims of copyright infringement on this Service can be reached using the contact information above.

 

15. Dispute Resolution 

a. Generally. In the interest of resolving disputes between You and Zingle in the most expedient and cost effective manner, You and Zingle agree that any dispute arising out of or in any way related to these Terms of Use or Your use of the Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms of Use or Your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND ZINGLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

b. Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

c. Arbitrator. Any arbitration between You and Zingle will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Zingle. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. 

d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). Zingle’s address for Notice is: 2270 Camino Vida Roble, Suite K, Carlsbad, CA 92011or legal@zingle.me. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, You or Zingle may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by You or Zingle must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in Your favor with a monetary award that exceeds the last written settlement amount offered by Zingle prior to selection of an arbitrator, Zingle will pay You the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Zingle in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.

e. Fees. If You commence arbitration in accordance with these Terms of Use, then Zingle will reimburse You for Your payment of the filing fee, unless Your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in California, but if the claim is for $15,000 or less, You may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of Your billing address. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, You agree to reimburse Zingle for all monies previously disbursed by it that are otherwise Your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

f. No Class Actions. YOU AND ZINGLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Zingle agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

g. Modifications to this Arbitration Provision. If Zingle makes any future change to this arbitration provision, other than a change to Zingle’s address for Notice, You may reject the change by sending us written notice within 30 days of the change to Zingle’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes You rejected, will continue to govern any disputes between You and Zingle. 

h. Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Dispute Resolution Section is found to be unenforceable, then the entirety of this Dispute Resolution Section will be null.

 

16. International Users and Choice of Law

This Service is controlled, operated and administered by Zingle from its offices within the United States of America. Zingle makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If You access this Service from a location outside of the United States, You are responsible for compliance with all local laws.

Use of this Service or any information or materials made available by Zingle through this Service is governed by the laws of the State of California, United States, without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. For any dispute not subject to the Dispute Resolution Section above, You hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in San Diego County, California. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. Any rights not expressly granted herein are reserved. To the fullest extent permitted by law, any cause of action You may have with respect to Your use of the Service must be commenced within one (1) year after the claim or cause of action arises.

 

17. Trademark Information

Zingle and the Zingle logo are trademarks of Zingle Inc. Other trademarks and trade names may be used in this document to refer to either the entities claiming the marks and names or their products. Zingle disclaims any proprietary interest in the marks and names of others.

 

18. Contact Information

If You have any questions or concerns about these Terms or Use or the Service, please send us a thorough description by email to info@zingleme.com, or write to us at: Zingle, 2270 Camino Vida Roble, Suite K, Carlsbad, CA 92011.

 

19. Entire Agreement

Except as expressly set forth in these Terms of Use, these Terms of Use (together with the Privacy Policy, if applicable) constitute the entire agreement between Zingle and You with respect to Your use of the Service. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Terms of Use shall continue in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Zingle as a result of these Terms of Use or use of the Service.  You further acknowledge that by submitting Content, no confidential, fiduciary, contractually implied or other relationship is created between You and Zingle other than pursuant to these Terms of Use.  Zingle’s failure to act on or enforce any provision of these Terms of Use will not be construed as a waiver of that provision or any other provision in these Terms of Use.  No waiver will be effective against Zingle unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.

© Zingle Inc.
ALL RIGHTS RESERVED.

If you have any questions or to learn more about Zingle feel free to contact us anytime.
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