Terms of Use

General Conditions

1. PLEASE READ: The “Website” is defined as the URL or web address of http://www.ziggi.co (including any derivative subdomain, folder, page path, or webpage from such URL or web address), and for purposes of this Agreement includes, without limitation, the Platform and all information, content, services, and resources contained within or available from such URL or web address. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE USING THE WEBSITE.

2. WHAT DOES ACCESSING OR USING THE WEBSITE MEAN: “using,” “accessing,” “uses,” or “accesses” of the Website includes, but is not limited to, visiting the Website, browsing any if its content, reading any of its content, requesting any account, obtaining any account, or interacting with the Website in any manner. The terms “you” and “your” refer to anyone that accesses or uses the Website in any way. The terms “we”, “us”, “our”, and “Ziggi” refer to Ziggi Fintech, Inc..

3. YOU AGREE TO THE TERMS OF USE WHEN YOU ACCESS OR USE THE WEBSITE: By accessing or using the Website in any way, you agree to and are bound by the terms, conditions, policies, and notices contained within this agreement (collectively referred to as “Terms of Use”), including conducting this or any transaction arising from or related to the Website electronically.

4. The Website is operated by Ziggi Fintech, Inc., a Delaware corporation organized and existing under the laws of the State of Delaware and engaged in the business of providing this informational Website along with the Platform. “The “Platform” is defined as: a digital portal and online platform within the Website that is available to individuals and companies (with an account on the Website) for the purpose of browsing and/or listing seller-financed real estate properties and may also include other services that are offered on the Website from time to time.

5. While the Terms of Use apply to anyone that accesses or uses the Website in any way, there are certain terms and conditions that specifically (and additionally) apply to Users and/or Vendors that use the Platform and those terms and conditions appear in the Section entitled “THE PLATFORM: ADDITIONAL TERMS FOR USERS AND VENDORS”. The term “User” refers to anyone that requests and/or obtains a User Account (as defined in the Terms of Use). The term “Vendor” refers to any seller that posts or attempts to post real estate on the Website, including, without limitation, anyone that requests and/or obtains a Vendor Account (as defined in the Terms of Use). 

6. This Website, including all information, content, and the Platform available from this Website, is provided to you conditioned upon your acceptance of the Terms of Use.  By agreeing to the Terms of Use, you represent and warrant that you are at least the age of majority in your state or province of residence.  If you accept or agree to the Terms of Use on behalf of a corporation or any other legal entity, you represent and warrant that you have the authority to bind that certain legal entity to the Terms of Use which shall apply to that certain legal entity. If you do not agree to all the terms and conditions of the Terms of Use, then you may not access the Website or use the Platform or any services. If the Terms of Use are considered an offer, acceptance is expressly limited to the Terms of Use.

7. Any new features or tools which are added to the Website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of the Terms of Use by posting updates and/or changes to the Website. Your continued use of or access to the Website following any changes constitutes acceptance of those changes.

8. Ziggi may, at any time, cease providing any, or all, of the Platform and/or the Website at its sole discretion and without notice.

9. You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

10. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the content on the Website, use of the Website, or access to the Website or any contact on the website through which the service is provided, without express written permission by us.

11. You may not use the Website or the Platform for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).

12. The headings used in this agreement are included for convenience only and will not limit or otherwise affect the Terms of Use.

Notice and disclaimer regarding real estate transactions

13. IN ADDITION TO ANY OTHER DISCLAIMER IN THE TERMS OF USE, ZIGGI MAKES THE FOLLOWING DISCLAIMER:

    1. THE WEBSITE OFFERS A PLATFORM DESIGNED TO ASSIST INDIVIDUALS AND COMPANIES IN SELLER-FINANCED REAL ESTATE TRANSACTIONS. THE INFORMATION PROVIDED ON THE WEBSITE DOES NOT CONSTITUTE INVESTMENT ADVICE, REAL ESTATE ADVICE, FINANCIAL ADVICE, OR ANY OTHER SORT OF ADVICE AND YOU SHOULD NOT TREAT ANY OF THE WEBSITE’S CONTENT AS SUCH. ZIGGI DOES NOT PROVIDE ANY RECOMMENDATION THAT ANY REAL ESTATE SHOULD BE BOUGHT, SOLD, OR HELD BY YOU. FURTHERMORE, ZIGGI DOES NOT PROVIDE ANY RECOMMENDATION TO YOU OR ANYONE THAT USES THE WEBSITE THAT ANY TRANSACTION INVOLVING REAL ESTATE PROPERTY SHOULD BE COMPLETED USING SELLER-FINANCING.

    2. THE SALE AND PURCHASE OF REAL ESTATE CARRIES A HIGH LEVEL OF RISK, AND MAY NOT BE SUITABLE FOR YOU. BEFORE DECIDING TO ENGAGE IN THE SALE OR PURCHASE OF REAL ESTATE YOU SHOULD CAREFULLY CONSIDER YOUR OBJECTIVES AND LEVEL OF EXPERIENCE. YOU SHOULD BE AWARE OF ALL THE RISKS ASSOCIATED WITH REAL ESTATE TRANSACTIONS AND SEEK ADVICE FROM AN INDEPENDENT ATTORNEY AND/OR REAL ESTATE AGENT. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AND CONSULT YOUR OWN INDEPENDENT ATTORNEY AND/OR REAL ESTATE AGENT BEFORE MAKING ANY DECISIONS AS TO THE SALE OR PURCHASE OF REAL ESTATE. THE APPEARANCE OF ANY VENDOR OR USER ON THE WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH VENDOR OR USER BY ZIGGI. FURTHERMORE, ZIGGI DOES NOT PROVIDE ANY GUARANTEE, WARRANTY, OR RECOMMENDATION AS TO ANY INFORMATION ARISING FROM OR RELATED TO THE WEBSITE, THE PLATFORM, AND/OR ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY REAL ESTATE PROPERTY POSTED ON THE WEBSITE AND ANY INFORMATION RELATED TO ANYONE THAT USES THE WEBSITE. DO CONDUCT YOUR OWN DUE DILIGENCE BEFORE DECIDING TO USE THE WEBSITE, TO USE THE PLATFORM, POST REAL ESTATE PROPERTIES ON THE WEBSITE OR PLATFORM, OR PARTICIPATE IN ANY TRANSACTION WITH ANY VENDOR OR ANYONE THAT USES THE WEBSITE OR PLATFORM.

    3. PORTIONS OF THIS WEBSITE ARE OFFERED AS A FORUM FOR YOU TO UTILIZE RELATED TO REAL ESTATE PROPERTIES THAT ARE SELLER-FINANCED. ZIGGI IS NOT INVOLVED IN ANY TRANSACTION BETWEEN YOU AND ANYONE THAT USES THIS WEBSITE (INCLUDING THE PLATFORM) AND IS NOT ACTING AS YOUR OR ANYONE THAT USES THE WEBSITE’S AGENT. ZIGGI IS NOT INVOLVED IN ANY TRANSACTION BETWEEN YOU AND ANY VENDOR AND IS NOT ACTING AS YOUR OR ANY VENDOR’S AGENT. ZIGGI CANNOT SCREEN, CENSOR OR OTHERWISE CONTROL THE LISTINGS OR ANY TRANSACTIONS, INCLUDING WHETHER A LISTING IS ACCURATELY DESCRIBED, WHETHER A PARCEL OF REAL ESTATE CAN BE LEGALLY PURCHASED OR SOLD IN YOUR JURISDICTION, OR WHETHER A TRANSACTION WILL BE COMPLETED AS DESCRIBED BY THE VENDOR, USER, OR ANYONE THAT USES THE WEBSITE (INCLUDING THE PLATFORM). FURTHER, ZIGGI CANNOT CONTROL OR WARRANT THE BEHAVIOR OF ANYONE THAT USES THE WEBSITE (INCLUDING THE PLATFORM) OR ANY SERVICES RELATED THERETO. AS SUCH, YOUR USE OF THE WEBSITE AND/OR THE PLATFORM IS AT YOUR OWN RISK, AND ZIGGI DISCLAIMS ANY LIABILITY WITH REGARD TO USE OF THE WEBSITE AND/OR THE PLATFORM AND ANY ACTIONS RESULTING FROM YOUR OR ANYONE’S USE OF THE WEBSITE AND/OR USE OF THE PLATFORM. FURTHER, BECAUSE ZIGGI IS NOT INVOLVED IN ANY TRANSACTIONS BETWEEN YOU AND ANYONE THAT USES THE WEBSITE AND/OR PLATFORM, ZIGGI CANNOT AND WILL NOT BE INVOLVED IN RESOLVING ANY DISPUTES RELATING TO ANY COMPLETED OR UNCOMPLETED TRANSACTION WHETHER ARISING FROM OR RELATED TO THE WEBSITE, OR OTHERWISE.

Accuracy, completeness, and timeliness of information

14. Ziggi is not responsible if information made available on the Website is not accurate, complete or current. The content on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the content on this Website is at your own risk.

15. This Website may contain certain historical information. Historical information, by definition, is not current and is provided for your reference only. We reserve the right to modify the content of this Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

Optional Tools

16. We may provide you with access to third-party tools or services over which we neither monitor nor have any control nor input.

17. You acknowledge and agree that we provide access to such tools and services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

18. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall also be subject to the Terms of Use.

Third party links

19. Certain content, resources and services available via the Website may include materials from third parties, including, without limitation, Vendors.

20. Third party links on this Website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

21. We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

Errors, inaccuracies and omissions

22. Occasionally there may be information in the Website or the Platform that contain typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, lead times, completion times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted any comments).

23. Third party links on this Website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

Prohibited uses

24. You may not use the Website or the Platform for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws). In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website, the Platform, or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, the Platform, any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website and/or the Platform for violating any of the prohibited uses.

The Platform: Additional terms for Users and Vendors

25. Ziggi offers Users access to Ziggi’s online Platform. The “Platform” is defined as: a digital portal and online platform within the Website that is available to individuals and companies (with an account on the Website) for the purpose of browsing and/or listing seller-financed real estate transactions and may also include other services that are offered on the Website from time to time.

26. As stated above, the term “User” refers to anyone that requests and/or obtains a User Account. The term “Vendor” refers to any seller that posts or attempts to post real estate on the Website, including, without limitation, anyone that requests and/or obtains a Vendor Account. For purposes of the Terms of Use each Vendor hereby agrees to all terms, conditions, and representations applicable to a User.

27. By requesting use of the Platform, User represents and warrants that they are at least the age of majority in their state or province of residence and possess the legal authority to make an offer and/or enter into a real estate transaction. User also warrants that all information supplied by them or members of their household in using the Platform, including without limitation their name, e-mail address, street address, telephone number, and any other information provided by them, is true and accurate. Failure to provide accurate information may subject User to civil and criminal penalties.

28. To explore the possibility of using the Platform for purposes of browsing potential real estate properties, a User needs to go to the Website and open a user account (the “User Account”), which will require them to provide some compulsory personal information, as follows:

    1. Creating a User Account. To create a User Account, the User will be required to provide their email address and set a password to access their personal dashboard.

    2. Once entering the personal dashboard, the User shall be required to provide Ziggi with certain personal and/or business information, such as, a description of [insert personal information], and the like (the “Personal Information”).

    3. User should note that the completion of the online registration process does not constitute Ziggi’s acceptance of User as eligible for the Platform. Ziggi reserves the right to reject any User, for any reason whatsoever or no reason at all.

29. To explore the possibility of using the Platform for purposes of listing potential real estate properties, a User needs to go to the Website and open a vendor account (the “Vendor Account”), which will require them to provide some compulsory personal information, as follows:

    1. Creating a Vendor Account. To create a Vendor Account, the Vendor will be required to provide its email address and set a password to access its personal dashboard.

    2. Once entering the personal dashboard, the Vendor shall be required to provide Ziggi with certain personal and/or business information, such as, a description of [insert vendor information], and the like (the “Personal Information”).

    3. Vendors are required to complete additional information and documents that will be provided by Ziggi during Ziggi’s determination of Vendor for use of a Vendor Account.

    4. Vendor should note that the completion of the online registration process does not constitute Ziggi’s acceptance of Vendor as eligible for the Platform. Ziggi reserves the right to reject any Vendor, for any reason whatsoever or no reason at all.

30. DISCLAIMER OF WARRANTIES TO USER. IN ADDITION TO ANY OTHER DISCLAIMER IN THE TERMS OF USE, ZIGGI MAKES THE FOLLOWING DISCLAIMER: THE USER UNDERSTANDS AND AGREES THAT THE WEBSITE, THE PLATFORM, AND ANY SERVICES PROVIDED TO THE USER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZIGGI DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

    1. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THE TERMS OF USE AND FORMED THE BASIS FOR DETERMINING THE ECONOMIC TERMS OF THE TERMS OF USE.

31. It is User’s responsibility to always maintain their password and account information in strict confidence. Ziggi shall not be liable to User or any person for any loss or damage which may arise as a result of any failure by User to protect their password or account information. If Ziggi is, or becomes, suspicious of activity channeled through the User Account, Ziggi reserves the right to delete or suspend access to such account.

32. User hereby confirms that all the data provided by them to Ziggi, (including as part of the User Account registration process) is true, accurate and up to date in all respects and at all times. User may update or correct their details at any time by going to their User Account.

33. By making an offer to purchase on the Platform, User warrants that they have the legal right to make the offer and the resources to honor the offer. By listing a property for sale on the Platform, Vendor warrants that it has the legal right to sell such property and that the property is genuine and authentic as described by such Vendor. User further warrants that they will comply with all applicable laws and regulations regarding use of the Platform and any related services.

34. Ziggi reserves the right at any time to modify or discontinue the Platform (or any part or content thereof) without notice at any time.

35. Ziggi shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Platform.

36. Ziggi reserves the right, but is not obligated, to limit the Platform to any geographic region or jurisdiction. Ziggi may exercise this right on a case-by-case basis.

37. LIMITATION OF LIABILITY TO USER: IN NO EVENT SHALL ZIGGI, ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS OR EMPLOYEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE WEBSITE, THE PLATFORM, OR ANY SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE PLAFORM, OR ANY SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE WESBITE, THE PLATFORM, OR ANY SERVICES, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE, THE PLATFORM, ANY SERVICES, OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WEBSITE, THE PLATFORM, OR ANY SERVICES, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    1. NOT WITHSTANDING THE FOREGOING, IN ANY EVENT, ZIGGI’S AGGREGATE LIABILITY TO USER FOR ANY DAMAGES ARISING FROM OR RELATING TO THE WEBSITE, THE PLAFORM, OR ANY SERVICES, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) $50.00 OR (B) AMOUNTS USER PAID ZIGGI IN THE PREVIOUS 12 MONTHS (IF ANY).

    2. ZIGGI AND USER UNDERSTAND AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE, SUCH LIMITATIONS SHALL BE ENFORCEABLE REGARDLESS OF WHETHER ANY SPECIFIED REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, THE ECONOMIC TERMS OF THE WEBSITE, THE PLATFORM AND ANY SERVICES AND THE TERMS OF USE WOULD BE SUBSTANTIALLY DIFFERENT.

    3. ZIGGI AND USER FURTHER ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZIGGI AND USER AND SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF CONSIDERATION OR OF AN EXCLUSIVE REMEDY.

Personal Information

38. Your submission of personal information through the Website is governed by our Privacy Policy. Click here to view our Privacy Policy.

Use of Communication Facility

39. The Website may contain chat areas and/or other message or communication facilities designed to enable you to communicate with other visitors, Users, Vendors, the public at large, or with a group (collectively, “Communication Facility”). You agree to use the Communication Facility only to post, send, and receive messages and material that are proper and related to the particular Communication Facility. By way of example, and not as limitation, you agree that when using a Communication Facility, you will not:

    1. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others

    2. Provide false information in connection with the entry of any required information on the Website

    3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information

    4. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents

    5. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer

    6. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Facility specifically allows such messages

    7. Conduct or forward surveys, contests, pyramid schemes, or chain letters

    8. Download any file posted by another user of a Communication Facility that you know, or reasonably should know, cannot be legally distributed in such manner

    9. Restrict or inhibit any other user from using and enjoying the Communication Facility

    10. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Facility

    11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent

    12. Violate any applicable laws or regulations

40. Ziggi has no obligation to monitor the Communication Facility; however, Ziggi reserves the right to review materials posted to a Communication Facility and to remove any materials in its sole discretion. Ziggi reserves the right to terminate your access to any or all of the Communication Facility at any time without notice for any reason whatsoever.

41. Ziggi reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ziggi’s sole discretion.

42. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Facility. Ziggi does not control or endorse the content, messages or information found in any Communication Facility and, therefore, Ziggi specifically disclaims any liability with regard to the Communication Facility and any actions resulting from your participation in any Communication Facility. Vendors are not authorized spokespersons or agents of Ziggi, and their views do not necessarily reflect those of Ziggi. Users, are likewise, not authorized spokespersons or agents of Ziggi, and their views do not necessarily reflect those of Ziggi.

Disclaimer of warranties and limitation of liability for anyone that accesses or uses the website

43. IN ADDITION TO ANY OTHER DISCLAIMER IN THE TERMS OF USE, ZIGGI MAKES THE FOLLOWING DISCLAIMERS:

    1. We do not guarantee, represent or warrant that your use of the Website and/or the Platform will be uninterrupted, timely, secure or error-free.

    2. We do not warrant that the results that may be obtained from the use of the Website and/or the Platform will be accurate or reliable.

    3. You agree that from time to time we may remove or shut down the Website and/or the Platform for indefinite periods of time or cancel the Platform or any services offered on the Website at any time, without notice to you.

    4. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE PLATFORM, AND/OR ANY SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, THE PLATFORM, AND ANY SERVICES PROVIDED TO YOU ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

    5. Ziggi is a United States-based company. We make no representation that any aspect of the Website, the Platform, or any Services procured using the Website is appropriate or available for use outside of the United States or may be used for persons who are not citizens of the United States or residents of other countries.

Indemnification

44. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ZIGGI, ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS, (COLLECTIVELY THE INDEMNIFIED PARTIES) FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR RELATING TO:

    1. YOUR VIOLATION OF THE TERMS OF USE;

    2. YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY USE OF THE PLATFORM, AND ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY YOU;

    3. YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING, WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT;

    4. YOUR VIOLATION OF ANY LAWS, RULES, REGULATIONS, CODES, STATUTES, ORDINANCES, OR ORDERS OF ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL AUTHORITIES;

    5. ANY MISREPRESENTATION MADE BY YOU; OR

    6. ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY USING YOUR ACCOUNT OR LOGIN CREDENTIALS.

Severability

45. In the event that any provision of the Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver

46. Non-enforcement by Ziggi of any term or condition of the Terms of Use shall not constitute a waiver. A waiver by Ziggi of compliance with any term or condition under the Terms of Use shall not constitute a waiver of such term or condition at any other time or a waiver in the future of any other term or condition of the Terms of Use.

No Agency

47. The Terms of Use does not create any form of partnership, joint venture, or agency relationship between you and us. Further, the Terms of Use does not create any form of partnership, joint venture, or agency relationship between Ziggi and User. Further, the Terms of Use does not create any form of partnership, joint venture, or agency relationship between Ziggi and Vendor. Please be advised Vendors are neither agents nor representatives of Ziggi in any capacity. Users are neither agents nor representatives of Ziggi in any capacity.

Entire Agreement

48. The failure of us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

49. The Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Platform constitutes the entire agreement and understanding between you and us and govern your use of the Website and/or the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

50. Any ambiguities in the interpretation of the Terms of Use shall not be construed against the drafting party.

Governing Law; Dispute Resolution

51. The Terms of Use and any separate agreements between you and us shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without regard to principles of conflict of laws.

52. IN THE EVENT OF A DISPUTE BETWEEN YOU AND ZIGGI (INCLUDING ANY DISPUTE OVER THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS DISPUTE RESOLUTION PROVISION), OTHER THAN WITH RESPECT TO CLAIMS FOR INJUNCTIVE RELIEF, THE DISPUTE SHALL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES. THE PLACE OF THE ARBITRATION SHALL BE IN AUSTIN, TEXAS. IN THE EVENT THAT THERE IS ANY DISPUTE BETWEEN YOU AND ZIGGI THAT IS DETERMINED NOT TO BE SUBJECT TO ARBITRATION PURSUANT TO THE PRECEDING SENTENCE, OR IN THE EVENT THIS ARBITRATION PROVISION IS HELD UNENFORCEABLE OR INVALID BY A COURT OF COMPETENT JURISDICTION, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS OF THE STATE OF TEXAS LOCATED IN TRAVIS COUNTY, TEXAS OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS. YOU AGREE THAT THIS AGREEMENT AND THE RELATIONSHIP BETWEEN YOU AND ZIGGI SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND THE LAWS OF THE STATE OF TEXAS, U.S.A. WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

53. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU, AND AN ARBITRATOR WILL HAVE NO JURISDICTION TO HEAR SUCH CLAIMS. IF A COURT OR ARBITRATOR FINDS THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THE CLASS ACTION WAIVER WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS DISPUTE RESOLUTION SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED WITH THE REMAINDER OF THIS SECTION REMAINING IN FULL FORCE AND EFFECT.

Changes to Terms of Use

54. You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of the Terms of Use by posting updates and changes to the Website or, at our option, by sending a notice to the primary email address we have on file for you. Your continued use of or access to the Website, the Platform, or any services procured using the Website following the posting of any changes to the Terms of Use or notice to you via email constitutes acceptance of those changes.

Acknowledgement and acceptance ot terms of use

55. YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE IN ITS ENTIRETY, THAT YOU UNDERSTAND SUCH TERMS AND CONDITIONS, AND THAT YOU ACCEPT THE TERMS OF USE, AND AGREE TO BE BOUND BY THE TERMS OF USE. YOU FURTHER AGREE THAT THE TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US, WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO THE SUBJECT MATTER OF THE TERMS OF USE. BY ACCEPTING THE TERMS OF USE, YOU ALSO CERTIFY THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU.