Terms and Conditions
By using the ZingCheckout.com web site (“Service”), all services of Zing Checkout (“Zing”), 701 Brazos St, Suite 1608, Austin, TX, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Zing reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
Violation of any of the terms below will result in the termination of your Account. While Zing prohibits such conduct and Content on the Service, you understand and agree that Zing cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
1. STORE License & Restrictions
If you are a direct competitor of ZingCheckout.com or employed or contracted by a direct competitor, you may not register to and access the STORE, except with ZingCheckout.com’s prior written consent. In addition, you may not access the STORE for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
The ZingCheckout.com name, the ZingCheckout.com logo, and the product names associated with the STORE are trademarks exclusively belong to ZingCheckout.com, and no right or license is granted to use them.
2. Your Duties and Responsibilities
You are responsible for all activity occurring under your STORE user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the STORE, including those related to data privacy, international communications and the transmission of technical or personal data.
3. Account Information and Data
ZingCheckout.com does not own any of the data or information (“Store Owner Data”) that you submit to the STORE in the course of using the STORE. You, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, ownership or right to use of all Store Owner Data, and ZingCheckout.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Store Owner Data. For paid subscription agreements, in the event such agreements are terminated (other than by reason of your breach), ZingCheckout.com will make available to you a file of the Store Owner Data within 30 days of termination if you so request at the time of termination. ZingCheckout.com reserves the right to withhold, remove and/or discard Store Owner Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Store Owner Data immediately ceases, and ZingCheckout.com shall have no obligation to maintain or forward any Store Owner Data.
4. Intellectual Property Rights
You acknowledge that ZingCheckout.com alone (and its licensors, where applicable) shall own all rights, title and interest, including without limitation all related Intellectual Property Rights, in and to the STORE, the ZingCheckout website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the STORE. Accordingly, you agree that you shall not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any automated or manual process to monitor or copy any content from the STORE. In particular, you shall not reverse engineer or access the STORE in order to build a competitive product or service or to build a product using ideas, features, functions or graphics of the STORE. The ZingCheckout.com Intellectual Property Rights include rights to STORE (service) developed and provided by ZingCheckout. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the STORE, the ZingCheckout.com website or the Intellectual Property Rights owned by ZingCheckout.com.
5. Charges and Payment of Fees
You shall pay all subscription fees and charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be equal to the current number of Stores requested times the STORE subscription license fees currently in effect. Payments must be made monthly in advance unless otherwise mutually agreed upon in writing. All subscriptions obligations and payments are non cancelable and nonrefundable. You are responsible for paying for the full STORE subscription fee due, whether or not the STORE subscription is actively used. You must provide ZingCheckout.com with valid credit card or approved purchase order information as a condition to signing up for the STORE. All pricing terms are confidential, and you agree not to disclose them to any third party.
6. Billing and Renewal
ZingCheckout.com charges and collects monthly in advance for use of the STORE. ZingCheckout.com will automatically renew and bill your credit card or issue an invoice to you each month on the same calendar or as otherwise mutually agreed upon. The renewal charge will be equal to the then-current number of total STORE branches registered times the subscription fee in effect during the prior term, unless ZingCheckout.com has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. ZingCheckout.com’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes or duties, excluding only ZingCheckout.com’s own income taxes.
You agree to provide ZingCheckout.com with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. ZingCheckout.com reserves the right to terminate your access to the STORE, in addition to any other legal remedies, if the contact information you have provided is false or fraudulent.
7. Non-Payment, Suspension and Termination
ZingCheckout.com reserves the right to suspend or terminate this Agreement and your access to the STORE if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for STORE subscriptions during any period of suspension. If you or ZingCheckout.com initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that ZingCheckout.com may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
ZingCheckout.com reserves the right to impose a re-registration fee in the event you are suspended and thereafter request access to the STORE. You agree and acknowledge that ZingCheckout.com has no obligation to retain Store Owner Data and that such Store Owner Data may be irretrievably deleted if your account is 30 days or more delinquent.
8. Termination upon Expiration/Reduction in Number of Licenses
This Agreement commences on the date you confirm subscription to the STORE. For ZingCheckout Basic Edition, the term is indefinite and may be terminated at any time in ZingCheckout.com’s sole discretion. For the Premium and all other editions, the initial term will be as you select during the online subscription process or as otherwise mutually agreed upon in writing. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term (or one year, if the Initial Term is greater than one year) at ZingCheckout.com’s then current fees. Either party may terminate this Agreement or reduce the number of licenses at any point with at least 30 days prior notice. In the case of free trials or free use granted, notification shall be provided through the STORE on the remaining number of days free trial. This notice shall serve as notice of termination. In the event this Agreement is terminated (other than by reason of your breach), ZingCheckout.com will make available to you a file of the Store Owner Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that ZingCheckout.com has no obligation to retain the Store Owner Data, and may delete such Store Owner Data, more than 30 days after termination.
9. Termination for Cause
Any breach of your payment obligations or unauthorized use of the ZingCheckout.com Technology or STORE will be deemed a material breach of this Agreement. ZingCheckout.com, in its sole discretion, may terminate your password, account or use of the STORE if you breach or otherwise fail to comply with this Agreement. In addition, ZingCheckout.com may terminate a free account at any time in its sole discretion. You agree and acknowledge that ZingCheckout.com has no obligation to retain the Store Owner Data, and may delete such Store Owner Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
10. Disclaimer of Warranties
ZINGCHECKOUT.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE STORE OR ANY CONTENT. ZINGCHECKOUT.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT USE OF THE STORE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; OR THAT THE STORE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS WHETHER OR NOT EXPRESSED , OR THAT ANY STORED DATA WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF THE SOFTWARE AND SUBSCRIPTION SERVICE PURCHASED OR OBTAINED BY YOU THROUGH THE STORE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE STORE OR THE SERVER(S) THAT MAKE THE STORE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE STORE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ZINGCHECKOUT.COM AND ITS LICENSORS.
11. Internet Services
ZINGCHECKOUT.COM’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ZINGCHECKOUT.COM IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU ARE RESPONSIBLE FOR PROCURING AND MAINTAINING THE APPROPRIATE INTERNET SERVICES REQUIRED FOR YOUR USE OF THE STORE.
12. Local Laws
ZingCheckout.com and its licensors make no representation that the STORE is appropriate or available for use in any location. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations the countries in which you use the STORE.
This policy was last modified on 11/10/2011.
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