b. User Conduct. You agree that your use of the Sites is subject to all applicable local, state and federal laws and regulations. You also agree:
Nature of User Material. At times, the Sites may allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material including, but not limited to, reviews of the Services offered by Zingy or its partners (collectively, “Submissions”). You agree not to create any Submission that:
a. User Representations and Warranties. Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:
c. Disclaimer of Responsibility for Material. Submissions are not endorsed by Zingy, and do not represent the views of Zingy or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Zingy does not control all Submissions, and disclaims any responsibility for such Submissions. Zingy specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, Zingy does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the pricing, hours of operation or, as applicable, parking accessibility available from its partners. Prices are subject to change without notice. Zingy assumes no responsibility or liability for any errors or omissions in the content provided via the Sites.
d. Review & Removal of Material. Zingy reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions for any reason or no reason whatsoever, in its absolute and sole discretion.
Zingy reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services or the availability of the Sites (or any part thereof).
The information, content, products, services, and materials available through the sites (whether provided by Zingy, or a third party, are provided “as is” and “as available” without warranties of any kind, either express or implied. To the maximum extent permitted by law, Zingy disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
In no event shall Zingy be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any loss or damages whatsoever (even if Zingy has been previously advised of the possibility of such damages), whether in an action under contract, negligence, or any other theory, in any manner arising out of or in connection with the sites or the services provided by Zingy. Zingy assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from via the sites. Zingy assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, auto washing or detailing services, or material available on or through the sites, as well as any third party website pages or additional websites linked to via the sites, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein or harm to person or property caused thereby. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In no event shall Zingy’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, for all services provided by Zingy exceed the amount paid by you to Zingy.
7. Your Account, Password, And Security
Use of Sites requires that you register and/or create an account (“Account”) or use the Sites as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Sites and the Services provided by Zingy, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zingy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zingy has the right to refuse any and all current or future use of the Sites (or any portion thereof) or Services.
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Zingy of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Zingy will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
As a courtesy to you, the Sites may offer links to other websites. Some of these websites may be affiliated with Zingy while others are not. Zingy is not responsible for the contents of any website pages created and maintained by organizations independent of Zingy. Visiting any such third-party website pages is at your own risk. Zingy has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Zingy. By using the Sites you acknowledge that Zingy is responsible neither for the availability of, nor the content located on or through any third-party website pages.
Zingy®, is a Zingy trademark. Such trademark and other marks, logos, and names of Zingy or the Sites, used on or in connection with the Sites may not be used in connection with any product or service that is not under Zingy’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Zingy. All other trademarks not owned by Zingy (or its affiliates) that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zingy or its affiliates.
11. Jurisdiction, Applicable Law, And Limitations
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