Acceptance of the Agreement.
By using the information, tools, features, software, and functionality including content, updates and new releases of the Website or the Services, you agree to be bound by this Agreement, whether you simply browse the Website (a “Visitor”) or you register for an account to use the Services (a ”Customer”). The term “you” or “User” refers to a Visitor or a Customer. The term “we” refers to Zingo. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You agree that your use of the Website and the Services will always be subject to the most current version of the Agreement at the time of such use. By accepting the Agreement, you represent that:
- you are at least 18 years of age and, in any event, of a legal age to form a binding agreement with Zingo;
- you are the primary user of a United States based banking depository account;
- you are the primary responsible party agreeing to the liabilities associated with the payment of monthly recurring payments to a local and state utility company (including, but not limited to, gas, electric, cable, telephony, cellular, or internet) (“Monthly Recurring Payments”) or you are the legal responsible party committed to the payment of rent at a residence within the boundaries of the United States; and
- you have the capacity to be bound by this Agreement.
Please print or save a copy of the Agreement for your records. Depending on your activities when visiting the Website or using the Services, you may be required to agree to additional terms and conditions as a precondition for such activity or use.
Privacy; Personal Information.
The Service reconciles alternative payment data directly from Zingo’s secure 3rd party relationships with over 10,000 financial institutions. The alternative payment data is then validated using a series of automated validation processes that have been approved by the national consumer reporting agencies (“Consumer Reporting Agencies”) for inclusion onto your consumer reporting profile (“Credit Report”). Zingo performs this by capturing data pertaining to alternative monthly payments and financial transactions without any need for you to change your current spending behavior. Zingo specializes in the servicing of monthly recurring account payment information and the providing of such data and other transaction information to one, some, or all of the Consumer Reporting Agencies on behalf of its users. THROUGH THE REPORTING OF YOUR RENTAL AND MONTHLY RECURRING PAYMENT DATA, ZINGO CANNOT AND DOES NOT PROMISE OR GUARANTEE THAT YOU WILL OBTAIN ANY NEW CREDIT, SUCH AS A CREDIT CARD, AUTO LOAN, AUTO LEASE, MORTGAGE, STUDENT LOAN, OR OTHER LOAN PROGRAM AS A RESULT OF USING THE ZINGO SERVICES. While we feel that you are more likely to obtain such credit if we are successful in increasing the worthiness of your credit profile and or consumer credit score through the addition of the data onto your national credit report, and through our efforts to report your accurate and on-time payments, the actual credit decision remains with the lender or credit grantor, and we cannot control nor do we aid in that process. However, your credit profile will more than likely improve due to information about you being more complete and accurate. However, profile improvement does not guarantee a higher credit score, since your credit score is dependent on numerous variables that are outside of the control of Zingo. Zingo encourages you to be responsible with your credit in order to maintain and increase your credit profile and credit worthiness. Responsible steps include:
- Paying any and all bills on time and in full
- Not applying for more credit than you need, and not exceeding a healthy debt/income ratio.
- Reporting your on-time rental payments.
- Avoiding collections, bankruptcy, and debt consolidation if possible.
- Not co-signing on loans, or lines of credit, for others if it might put you at risk.
Zingo and its affiliates are not credit repair organizations and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history, or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history, or credit rating, nor does Zingo charge a fee for advice on how to change, modify, or improve their credit file or score. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Services in order to do so.
In order to use the Services, you will need to pair Zingo’s third-party data collection system with your financial institution for secure automatic payment information and verification (“Account Information”). Zingo works with one or more online service providers to access this Account Information. By using the Services, you expressly authorize Zingo to access the associated Account Information, on your behalf and as your service agent, solely for the purpose of providing the Services to you, which may include providing your Account Information to Zingo’s online service provider(s).
You agree to authorize Zingo to verify the monthly payment history and accuracy of the payment data using third party databases and account records and acknowledge that ongoing verification of your information may be required. If Zingo has a problem verifying your information you will be contacted. You may be contacted by your creditors, landlord, or property manager to verify your use of the Services and that you have given Zingo permission to verify information that you have provided as part of your use of the Services. You agree that promptly upon receipt of any correspondence related to the Services, you will provide permission for Zingo to access the correspondence and or act on your behalf, and also agree that you will forward a copy of such correspondence to Zingo. The specific acts necessary to accomplish the purpose of this Agreement will be at the sole discretion of Zingo’s professional judgment.
Accurate records enable us to provide the Website and Services to you. You must provide true, accurate, current, and complete information about yourself. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
Zingo cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. In no event will Zingo be responsible for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings.
Member Account, Passwords, and Security.
In order to allow you to use the Services, you will need to sign up for an account with Zingo. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number, or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Zingo cannot verify your identity, we may refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, allows you to access the Services. Your username and password, together with any other information you provide, form your “Registration Information.”
If you believe that your Registration Information has been stolen or misappropriated, that someone is using your account without your permission, or that unauthorized access to your Zingo account or Account Information has occurred, you agree to notify us IMMEDIATELY using the following contact information in order to minimize your exposure to losses.
Address: 107 SE Washington St, Ste: 640, Portland, OR 97214
Use of the Services.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Website and Services for lawful purposes. Zingo may report you to the appropriate legal authorities if it reasonably suspects that you have accessed or used the services for unlawful purposes. Accurate records enable Zingo to provide the Services to you.
You further agree that you will not do any of the following and that Zingo may immediately terminate your access to the Website and Services if you:
- Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Services or any portion of the Services, without Zingo’s express written consent, which may be withheld in Zingo’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
- Post or transmit any file which contains viruses, worms, trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
- Attempt to gain any unauthorized access to any portion of the Services; or
- Use the Website or Services for any purpose that is unlawful or prohibited by this Agreement or use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Zingo, in its sole discretion, may elect to take. In no event will Zingo be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime of the Services. Your sole and exclusive remedy for any failure or non-performance of the Services will be for Zingo to use commercially reasonable efforts to effectuate an adjustment or repair of the Services.
YOU ACKNOWLEDGE THAT BY PROVIDING YOUR INFORMATION TO ZINGO AND USING THE SERVICES, YOU ARE AUTHORIZING ZINGO TO REPORT YOUR RENTAL AND OTHER RECURRING PAYMENT DATA TO CREDIT REPORTING AGENCIES ON YOUR BEHALF. YOU AUTHORIZE THE CONSUMER REPORTING AGENCIES TO PROVIDE YOUR CONSUMER REPORT TO ZINGO. YOU FURTHER AGREE TO PROVIDE ZINGO WITH YOUR FULL LEGAL NAME, MAILING ADDRESS, PHYSICAL ADDRESS FOR THE RENTAL PROPERTY (IF DIFFERENT THAN MAILING ADDRESS), AND SOCIAL SECURITY NUMBER OR OTHER GOVERNMENT-ISSUED IDENTIFICATION NUMBER FOR THE PURPOSE OF VERIFYING YOUR IDENTITY.
YOU AUTHORIZE ZINGO TO INDEPENDENTLY VERIFY YOUR IDENTITY, RESIDENCY, AND THE TERMS OF ANY LEASE OR OTHER RECURRING PAYMENT USED FOR REPORTING PURPOSES. Such verification may include, among other efforts in Zingo’s discretion, contacting your property management company or other recipient of recurring payments. You further acknowledge that after Zingo is able to verify your information, your rental and other payment data will be provided to the Credit Reporting Agencies and added to your credit report within 20-160 days from your initial account creation.
You agree to provide Zingo necessary personal information as required by Zingo and the Credit Reporting Agencies. Upon the transmission of the payment data by Zingo to a Credit Reporting Agency, the data set containing the payment information cannot be modified, amended, or canceled. YOU UNDERSTAND THAT NO ONE, INCLUDING ZINGO, CAN ADD unverified, false, or misleading information to your CONSUMER CREDIT PROFILE. INFORMATION CAN BE REMOVED FROM A PERSON’S CREDIT PROFILE ONLY IF THE CREDIT HISTORY IS INACCURATE OR OBSOLETE AND IS NOT CLAIMED TO BE ACCURATE BY THE CREDITOR WHO SUBMITTED THE INFORMATION TO THE CREDIT REPORTING AGENCY. ZINGO WILL SEEK TO HAVE ANY INACCURATE INFORMATION CORRECTED AND, IF APPROPRIATE, REMOVED BY THE CREDIT REPORTING AGENCY TO THE EXTENT REQUIRED UNDER APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS, INCLUDING THE FAIR CREDIT REPORTING ACT AND REGULATION V.
YOU AGREE THAT ZINGO’S REPORTING OF RENTAL INFORMATION TO THE CONSUMER REPORTING AGENCIES WILL EXTEND FOR THE FULL TERM OF YOUR LEASE (“LEASE TERM”). EVEN IF YOU REQUEST THAT ZINGO CEASE REPORTING SUCH RENTAL PAYMENTS BEFORE THE EXPIRATION OF THE LEASE TERM, ZINGO MUST CONTINUE TO REPORT TO THE CONSUMER REPORTING AGENCIES THE ONGOING STATUS OF YOUR RENTAL PAYMENTS EACH MONTH THROUGH THE END OF THE LEASE TERM. You further understand and acknowledge that one or more of the Consumer Reporting Agencies may not accept certain types of recurring payments, such as rental payments you make to individual landlords, as opposed to rental payments made to property management companies.
Zingo is not responsible for the data once it is received by the Credit Reporting Agencies, and you agree to hold Zingo harmless against any such claims (all subject to Zingo’s Credit Reporting Dispute Resolution Policy, which is included in this Agreement, and the Fair Credit Reporting Act). You acknowledge that accurate adverse information on your credit report cannot be changed.
Upon the payment data being provided to a Credit Reporting Agency, the interruption or termination of the reporting data cycle or account to a Credit Reporting Agency may negatively impact your credit history, including the subsequent reporting of such bill or account following a period of no reporting on such bill or account, which may occur for a variety of reasons, including cessation of use of the Zingo Services. Zingo will not be liable for any claims, charges, demands, damages or adverse impacts on your credit score or credit history if you cease using Zingo’s Services (or have inconsistent or negative data reporting during the use of the Services).
Notwithstanding any of the above, you may dispute any entry on a credit report provided by Zingo to a Credit Reporting Agency, by adhering to the following Credit Reporting Dispute Resolution Policy, which is included in this Agreement.
Credit Reporting Dispute Resolution Policy – User Dispute.
You may dispute any entry on your credit report derived from information provided by Zingo to a Credit Reporting Agency in accordance with the Fair Credit Reporting Act, or by notifying Zingo and providing your legal name; address; telephone number; the name of the creditor; sufficient information identify the account subject to the dispute, such as an account number; the specific information from your credit report that you are disputing; and including all supporting documentation and/or other information you have to substantiate the basis of your dispute, such as an account statement.. You must submit your dispute to Zingo at the following address:
107 SE Washington St, Ste: 640
Portland, OR 97214
Within 5 business days of receipt of your notice of dispute, Zingo will conduct a reasonable investigation and make a determination of the status of the disputed information. Zingo will investigate the dispute claim using all relevant information pertaining to that User. The investigation will result in one of the following four determinations:
- The dispute is frivolous or irrelevant;
- The information originally provided is accurate;
- The disputed information is incomplete or inaccurate; or
- More information is necessary to make a final determination regarding the disputed information.
Once a determination has been made regarding the disputed information, Zingo will contact you within 5 business days after making our determination. If Zingo determines that the dispute is frivolous or irrelevant, Zingo will notify you by any means available to Zingo. This notice will include the reasons for the determination and identify any information required to further investigate the disputed information.
If Zingo determines that the disputed information is inaccurate, Zingo will notify you by means available to Zingo within 7 business days of the determination and will promptly notify the Credit Reporting Agency to which Zingo provided said information and request that they delete or modify the information as appropriate.
If Zingo determines that more information is necessary to complete its investigation, Zingo will notify you, and your counterparty if necessary, and request additional information from each of you to help make a final determination as to the disputed information. Upon receipt of the additional information, Zingo will make a final determination on the disputed information, considering all information provided by all parties, within 30 days of receipt of the notice of dispute. Notice of said determination will then be forwarded you as described above.
Credit Reporting Dispute Resolution Policy – Credit Reporting Agency Dispute.
Upon receipt of a notice of dispute from a Credit Reporting Agency, Zingo will, without any cost to you, conduct a reasonable investigation and make a determination of the status of the disputed information within 5 business days of receipt of the notice of dispute. Said investigation will review all relevant information provided by the Credit Reporting Agency, including information given to the Credit Reporting Agency by you. The determination will be one of the following four options:
- The dispute is frivolous or irrelevant;
- the information provided is accurate;
- The disputed information is incomplete or inaccurate; or
- More information is necessary to make a final determination regarding the disputed information.
Once a determination has been made regarding the disputed information, Zingo will notify the Credit Reporting Agency by use of the Credit Reporting Agency’s approved methods, or by other means available to Zingo within 5 business days of the determination regarding the disputed information. If Zingo determines that the dispute is frivolous or irrelevant, Zingo will notify the Credit Reporting Agency by approved means available to Zingo. This notice will include the reasons for the determination and identification of any information required to further investigate the disputed information.
If Zingo determines that the disputed information is inaccurate, Zingo will notify the Credit Reporting Agency within 7 business days of the determination and will immediately request that the Credit Reporting Agency delete or modify the information as appropriate.
If Zingo determines that more information is necessary to complete its investigation, Zingo will notify the Credit Reporting Agency, and your counterparty, if necessary, and request additional information from the parties to help make a final determination as to the disputed information. Upon receipt of the additional information, Zingo will make a final determination on the disputed information, considering all information provided by all parties, within 30 days of receipt of the notice of dispute from the Credit Reporting Agency. Notice of said determination will then be forwarded to the Credit Reporting Agency as described above.
Notices to You; Consent to Receive Electronic Communications.
Notices to you may be sent via email or through the Services by displaying links to notices generally on the Website.
You understand and agree that you are entering into this Agreement electronically and that certain categories of information (“Communications”) may be provided by Zingo to you by electronic means (i.e., via email or by posting the information on the Website). The categories of Communications that may be provided by electronic means include:
- This Agreement and any amendments, modifications, or supplements thereto.
- Records of any payment and other transactions you handle through the Website or Services, including payment histories and transaction confirmations.
- Disclosures or notices provided in connection with the Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices).
- Any customer service communications, including communications with respect to claims of error or unauthorized use of the Website or Services.
- Any other communication related to the Website or Services.
All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on the Website, whether or not you have received the email or retrieved the Communication from the Website. An electronic Communication by email is considered to be sent at the time that it is directed by the Zingo email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
You agree to promptly update your account records with us if your email address and or phone number changes so that we may contact you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because the email or phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Zingo will be deemed to have provided the Communication to you.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this Agreement and any Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Website or Services.
In order to access and retain Communications, you must have:
- a computer with an Internet connection;
- a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 9.0 and above, Firefox version 4.0 and above, Chrome version 7.0 and above, or Safari 5.0 and above) with cookies enabled;
- a valid email address (i.e., your primary email address on file with Zingo);
- a valid phone number (i.e., your primary phone number on file with Zingo); and
- sufficient storage space to save past communications or an installed printer to print them.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, please contact customer support by submitting an email using the “Help” link on the website.
The Website and Services, including their text, graphics, images, logos and button icons, photographs, editorial content, notices, software, and other material are protected under applicable copyright, trademark, and other laws. The contents of the Services belong or are licensed to Creditbility, Inc. or its software or content suppliers. Zingo grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Website or the Services or content in a manner that violates any applicable law, regulation, or this Agreement.
Rights You Grant to Zingo.
Disclaimer of Representation and Warranties.
THE WEBSITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ZINGO, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER ZINGO NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ZINGO NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Not a Financial Planner, Broker or Tax Advisor.
NEITHER ZINGO NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. ZINGO IS NOT A LAWYER, FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. The Services are intended only to assist you in your financial organization and decision-making. Your personal financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any legal or financial strategy, you should consider obtaining additional information and advice from your lawyer, accountant, or other financial advisers who are fully aware of your individual circumstances.
Limitations on Zingo’s Liability.
ZINGO WILL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE, YOUR USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF ZINGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ZINGO’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $400.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Your Indemnification of Zingo.
You will defend, indemnify, and hold harmless Zingo and its officers, directors, shareholders, and employees from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, including but not limited to attorney’s fees, that arise out of or relate to any breach of this Agreement or any activity by you in relation to the Website or your use of the Services.
Ending Your Relationship With Zingo.
This Agreement will continue to apply until terminated by either you or Zingo (or any Zingo affiliate/subsidiary) as set out below.
YOU MAY TERMINATE YOUR ACCOUNT WITH ZINGO AT ANY TIME. If you want to terminate this legal agreement for the Services, you may do so by logging in to your account at zingocredit.com or send an email to our support agent help desk using the “contact us” icon located on the Website. Your account will be closed and your ability to log in deactivated immediately. Your Zingo account data will be removed as explained in our Privacy Statement.
Zingo may at any time, terminate its legal agreement with you and access to the Services (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if Zingo in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); (iii) for any reason and at any time with or without notice to you; or (iv) immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Zingo may immediately deactivate or delete your account and all related information and files in your account or prohibit any further access to all files and the Services by you. Further, you agree that Zingo will not be liable to you or any third party for any termination of your access to the Services.
Zingo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services with or without notice. Zingo reserves the right to change the Services, in our sole discretion and from time to time. You agree that Zingo will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
Zingo may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Website). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
Governing Law and Forum for Disputes.
This Agreement, and any access to or use of the Website, is governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions.
The decision of the arbitrator will be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Arbitration provision will survive expiration, termination, or rescission of this Agreement.
Waiver and Severability
No waiver by Zingo of any term or condition set forth in this Agreement will 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 Zingo to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.