Terms of Use

These terms and conditions of use (“Terms of Use”) describe the terms which Zingit Solutions, Inc. (“Zingit Solutions”, “us”, or “we”) provides the Zingit Solutions website – https://www.zingitsolutions.com (the “Zingit Solutions Service” “Platform” or the “Service”) – to visitors and reviewers.
Introduction

By using this Website or Service, you accept these Zingit Solutions Terms of Use and the following terms and conditions, and any policies mentioned in these Terms of Use, including any and all future amendments thereto (collectively, the “Agreement”):

The Services are available only to persons or organizations that can form legally binding contracts under applicable law. If you choose to use the Service, you represent and warrant that you have the ability and are authorized to accept the terms of this Agreement on behalf of yourself or the organization you represent.

Zingit Solutions reserves the right, at its sole discretion, to change, add, remove, or modify portions of this Agreement at any time. Such changes will become effective immediately after they have been posted to the https://www.Zingit Solutions.com website or Zingit Solutions has otherwise notified you of the change. Zingit Solutions reserves the right to send messages to you to inform you of (i) changes or additions to the Service or this Agreement, or (ii) violations to this Agreement, or (iii) any other matter related to the Service. Nothing in this provision shall require or obligate Zingit Solutions to send any notice if no noticed is required or mandated elsewhere in this Agreement. Though Zingit Solutions may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version of these Terms of Use – which is always available from a link on our platform. Your continued use of the Service following the posting of changes will mean that you accept and agree any and all changes to the Service or website. As long as you comply with this Agreement, Zingit Solutions grants you a limited, revocable, non-exclusive, non-assignable, non-sub licensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Zingit Solutions enables you to send and receive SMS messages through the cloud based Platform. The Zingit Solutions Service is intended for adults only. You must be 18 years of age or older or have the written consent of your parent or guardian, to use the Service. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), Zingit Solutions will never knowingly solicit, nor will it accept, personally identifiable information from users known to be under thirteen (13) years of age. For additional information on how to contact us should you have any concerns, please refer to our privacy policy on our website.

The Platform may contain links to websites owned by third parties. (“Linked Sites”) Should you choose to use any of these Linked Sites, your use is subject to the conditions, should there be any, of the Linked Site you are visited and that the Site has posted. Linked Sites are provided solely as a courtesy and convenience to our visitors. Linked Sites are not under Zingit Solutions’ control, and our inclusion on our site of any Linked Site is not an endorsement of that content or Linked Site, including any information or materials contained on such Linked Sites. You agree that Zingit Solutions will not be held responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with Liked Sites or third party websites.

Code of Conduct – Use and User Conduct
As the code of conduct and conditions for use, you agree to the following:

  • You must not use the Service for any illegal or unauthorized purpose.
  • You must not upload, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “spam,” “affiliate links,” or any other form of solicitation.
  • You must not upload, transmit, or otherwise make available any content that is unlawful, harassing, tortuous, harmful, hateful, defamatory, libelous, invasive of another’s privacy, obscene, or racially, ethnically, or otherwise objectionable.
  • You must use the Service in the utmost ethical and moral manner. You must not use the Service to harass, intimidate, threaten or impersonate any person or business.
  • You must not upload, transmit, or otherwise make available any content that is in violation of copyright or trademark law.
  • You must not upload, transmit, or otherwise make available any content that is in violation of any law protecting intellectual property in any jurisdiction.
  • You must not upload, transmit, or otherwise make available any content or that violates the publicity or privacy rights of any person or business.
  • You acknowledge that the Service is for business use only. You will not use the Service for personal use.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must comply with any and all applicable laws in your jurisdiction (including but not limited to intellectual property laws).
  • International Users agree to comply with all local laws regarding online conduct and acceptable content.
  • You acknowledge that your use of the Service may involve the transmission of private information.

Our Intellectual Property
Intellectual property includes, but is not limited to; all text, buttons, icons, content, graphics, digital assets, visual and user interfaces, artwork, photographs, trademarks, logos, and computer code (collectively, “Zingit Solutions Content”), also including but not limited to the design, structure, expression, the overall ‘look and feel’ of the Platform, and arrangement of any and all Zingit Solutions Content, contained on the Platform is owned, controlled, or licensed by or to Zingit Solutions, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms of Use set forth herein, or otherwise permitted by law, no Zingit Solutions Content may be copied, distributed, embedded, encoded, modified, posted, reproduced, republished, transmitted, uploaded, or used in any way by any other computer, server, website, cloud based platform or any other medium for any purpose, regardless of nature, without Zingit Solutions’ express prior written consent. Violation of this term will result in immediate termination of Service.

Terms of Agreement
Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings related to the subject of this Agreement. It governs your use of the Service / Platform and replaces any and all prior agreements between you and Zingit Solutions with respect to the Service / Platform.

Governing Law. You agree that any and all matters relating to your access to and/or use of the Platform, including all disputes, will be governed by the laws of the United States and by the laws of the State of Nevada without regard to its conflicts of laws and provisions. Any action arising under this Agreement or otherwise related to the Zingit Solutions Platform must be brought in the State and Federal courts in Clark County, Nevada. You agree to the personal jurisdiction by and venue in the State and Federal courts in Clark County, Nevada, and waive any objection to such jurisdiction or venue.

Dispute Resolution. In the event of any dispute or controversy between Zingit Solutions and you arising out of or in connection with your use of the Platform, both parties shall attempt, promptly and in good faith, to resolve any such dispute or controversy outside of the courts. If we are unable to resolve any such dispute or controversy within a reasonable time, then either party may submit such dispute or controversy to mediation. If the dispute or controversy cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Severability of Terms; Non-waiver of Terms; Assignment. If any provision of these Terms of Use is declared to be invalid or unenforceable, such provision shall be stricken and the remainder of these Terms of Use enforced as written. If no legal right is exercised or enforced by Zingit Solutions, any legal right or remedy including those contained herein these Terms of Use or arising under applicable law, this will not be taken to be a formal waiver of our rights. Zingit Solutions may assign or delegate all rights and obligations under these Terms of Use, fully or partially.

Statute Of Limitations. You agree that regardless of any statute or law to the contrary, any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Third Party Beneficiaries. Each Zingit Solutions Affiliate is an intended third party beneficiary to these Terms of Use and shall be entitled to directly enforce and rely upon any and all provision of these Terms of Use that confers a benefit on them. Other than this, no other person shall be a third party beneficiary to these Terms of Use.
Assignment. You shall not have the right to assign any of your rights hereunder. Zingit Solutions may assign all rights to any other individual or entity with our sole discretion.

Notices. Zingit Solutions may provide you with notices regarding changes to these Terms of Use, by email or through postings to the Platform or through postings to the website. Any notices by you or the organization in which you represent, are to be sent in writing to Zingit Solutions. Zingit Solutions’ mailing address is:

Zingit Solutions, LLC.
ATTN: Terms of Use
2360 Corporate Circle, Ste 400
Henderson, NV 89074

Zingit Solutions may be required by law to notify you of other events. You hereby acknowledge and consent that any notices will be effective immediately after posted to the website or delivery to you via phone, fax, email or mail. If you have comments, concerns, questions, or requests regarding these Terms of Use, please contact us in writing at info@ZingitSolutions.com or at our mailing address above.

Indemnification
You will hereby agree to indemnify, defend and hold Zingit Solutions and/or the Zingit Solutions Affiliates, Partners, Agents, technology suppliers management, employees, board members, investors, public relations representatives and volunteers harmless from and against any and all liabilities, claims, liens, damages, judgments, expenses and costs (including reasonable attorneys’ fees) incurred by Zingit Solutions and/or the Zingit Solutions Affiliates in connection with any claim arising out of your breach of these Terms of Use. Zingit Solutions reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you or the organization in which you represent.

Violation of These Terms of Use
You agree that Zingit Solutions may, in its sole discretion without prior notice, terminate your access to the Service / Platform should we dtertmine that a violation of these Terms of Use has occurred. You agree that Zingit Solution may, in its sole discretion without prior notice, block your future access to the Service / Platform should we determine that a violation of these Terms of Use has occurred. In either of these events whereas no legal action taken, (Zingit Solutions does take any legal action against you – or you take action against Zingit Solutions) – the result of a violation of these Terms of Use, the prevailing party will be entitled to recover from the non-prevailing party, and the non-prevailing party agrees to pay, all reasonable attorneys’ fees and costs – in addition to any other rulings in favor of the prevailing party. You agree that Zingit Solutions will not be liable to you or to any third party for termination of Service or blocking of your access to the Service / Platform as a result of a violation of these Terms of Use or other agreements, laws, or guidelines that may be associated with your use of the Service / Platform.

Disclaimer of Warranties
You hereby expressly understand and agree that your use of the Platform is at your sole risk and discretion. The service is provided on an “as-is” and “as-available” basis. Zingit Solutions and its directors, employees, officers, managers, licensors, and volunteers (the “Zingit Solutions Affiliates”) expressly disclaim all representations, warranties, and conditions of any kind whatsoever, whether express or implied, including, but not limited to, the implied warranties of merchantability, merchantable quality, non-infringement, title, or any warranty or condition arising by course of dealing, course of performance or usage of trade. Zingit Solutions and the Zingit Solutions Affiliates make no warranty whatsoever that (i) the service will be uninterrupted, secure, error free, or timely; (ii) the service will meet your requirements; (iii) content will be hosted and/or transmitted without interruption or suspension; (iv) user content will be hosted and/or transmitted according to your specified preferences, including anonymity and/or privacy of any content; (v) any products or information, whether in tangible or intangible form, purchased or obtained by you through the platform will meet your specified expectations; and (vi) any defects in the functionality of the service will be corrected. Any and all material, information, or data obtained through the use of the platform is accessed solely at your own risk and discretion, and you will be held solely responsible for any damage to your computer system, any loss of data, or any other harm that may result from the download of such data. No advice, representation, or information, whether oral or written, obtained by you from Zingit Solutions or through the Platform or through Zingit Solutions Affiliates shall create any warranty not expressly stated in these Terms of Use. THIS IS NOT LEGAL ADVICE

Limitation of Liability
You hereby expressly understand and agree that Zingit Solutions and the Zingit Solutions Affiliates will not be held liable to you for any consequential, direct, indirect, incidental, special, exemplary, or punitive damages that may be incurred by you, regardless of cause. This includes, but is not limited to; any and all loss of profits, goodwill, good faith or business reputation; any and all repercussion of the publication of any user content you provide to Zingit Solutions; any and all cost to procure substitution of goods or service; any and all loss of data; or any other tangible or intangible losses. This also includes, but is not limited to any loss or damages that may be incurred by you as a result of (i) any changes that Zingit Solutions may make to the service or platform; (ii) any permanent or temporary suspension of your account or error in the service; (iii) or the deletion or corruption of or failure to store any content or other property maintained through the service; (iv) or the publication of any user content you provide to Zingit Solutions, whether written or posted to the Zingit Solutions website or platform. The limitations and exclusions of liability above shall apply irrespective of the theory of liability, strict liability, including contract (including but not limited to fundamental breach), product liability, tort (including but not limited to negligence), warranty, or other theory, even if we (or our Affiliates) have been advised of the possibility of such damages. You hereby specifically acknowledge that Zingit Solutions and the Zingit Solutions Affiliates shall not be liable for user content or the defamatory, offensive, negligent or illegal conduct of anyone or any third party and that the risk of harm or damage from the foregoing rests solely and entirely with you and the organization in which you represent.

Exclusions and Limitations
From time to time there will be some jurisdictions that do not permit the exclusion of certain warranties or conditions or the limitation or exclusion of liability for certain damages. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and, in such instances, Zingit Solutions liability and the Zingit Solutions Affiliates’ liability will be limited only to the maximum extent permitted by law.