ZINGTRIP reserves the right to change the Terms under which the Services are offered in its sole and absolute discretion at any time without notice. Any such changes will be posted on the Site. It is your responsibility to review these Terms for any changes each time that you use the Services. All changes to the Terms are effective from the date posted. If you do not agree to the amended Terms, you must stop using the Services. You will be deemed to have accepted the amended Terms if you continue to use the Services after such amended terms are posted on the Site.
Description of the Site
The Site enables users to review information regarding ZINGTRIP and its offered services. The services offered by ZINGTRIP include, but are not limited to, an online marketplace that verifies and connects certified trainers, yoga instructors, massage therapists, day passes, and other fitness/wellness service providers (collectively, “Providers”) who provide appointments/classes/sessions on a reservation basis (“Fitness/Wellness Sessions”) to individuals that are utilizing the ZINGTRIP Services (hereinafter referred to as “Users”). Verified Providers may list information about exercise options, personal bios, pictures/videos, etc. on the Site to support their offered Fitness/Wellness Sessions. Users are able to schedule and pay for the Fitness/Wellness Sessions through the Site and/or designated booking sites.
Registration for the Services
In order to access and use certain of the Services, you must set up a User account (“Your Account”) and abide by these Terms. In setting up and maintaining Your Account, you agree to provide accurate information regarding your identity, your age (in order to use the Services, Users must be at least 18 years of age), your contact information, and any other information requested by ZINGTRIP related to the Services including, but not limited to, your billing and credit/debit card information. You will set your own password for accessing the Services and shall be solely and strictly liable for everything that occurs through the use of Your Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under Your Account or password. You are prohibited from selling, trading or otherwise transferring Your Account to another party or charging anyone for access to any portion of the Site. You agree to immediately notify ZINGTRIP of any unauthorized use of your password or Your Account, or any other breach of security of which you become aware. If you are under eighteen (18) years of age, you may use the Site only with the express permission and involvement of your parent or guardian.
By setting up Your Account and using the Services, you represent and warrant that (a) you have not previously been suspended or removed from the Site; (b) are not a direct competitor of ZINGTRIP; (c) that you have full power and authority to agree to these Terms; and (d) that you expressly agree that you will receive communications from ZINGTRIP, including email messages and/or text messages. You acknowledge and agree that you consent to the receipt of such messages and that your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to Do-Not-Call registries. You may stop receiving such messages by following the opt-out instructions provided by ZINGTRIP in any such communication.
ZINGTRIP uses “Stripe” and transmits all payment information using SSL encryption and complies with DCL data security standards. Any billing questions can and should be addressed to: email@example.com.
ZINGTRIP may change the pricing of the Services at any time, with or without notice, at its sole and absolute discretion.
Provider Registration: Individuals or companies who seek to participate as Providers must complete all applicable forms to begin the registration/verification process. Information provided by potential Providers during the registration process will at all times be kept by Provider at a standard of truthfulness and ethics/standards for proper representation of the individual and/or company. Should a potential Provider be approved, the Provider must proceed with the account setup process and remit the annual opt-in fee where applicable.
User Registration: Individuals requesting to schedule Fitness/Wellness Sessions via the Services may do so without account registration for the first session. Once the first session has been completed, the User will be emailed info to finish account registration to better assist future bookings through the Site.
In order to use the Services, Users must agree to give all required information during the checkout process as requested by the selected Provider.
Authorized Use of the Site and the Services
You may use the Site and the Services only for legal and appropriate uses. ZINGTRIP reserves the right to make changes to the Site and the Services at any time without prior notice. Your access to and use of the Site and the Services is completely at the discretion of ZINGTRIP, and your access to and use of the Site and the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the below rules whether done by you or by others with your encouragement. In such event, you agree that ZINGTRIP shall not be liable for any alleged loss/harm resulting from ZINGTRIP’s actions.
You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Site and the Services.
You may not impersonate any other persons or otherwise misrepresent your identity or your affiliation with any person, group or entity when using the Site or the Services.
You may not use the Site or the Services for your own commercial purposes.
You may not offer or advertise any additional products or services without the express written approval of ZINGTRIP.
You may not interfere or attempt to interfere with the Site or the Services or another person’s use of the Site or the Services by use of any program, script, command, device, software, routine, or otherwise.
You may not attempt to gain unauthorized access to any portion or feature of the Site or the Services, by hacking, password “mining”, violating security measures or through any other illegitimate or illegal means.
You may not embed any page of the Site in “frames” running from other websites.
You may not mirror the Site or the Services on any other website or server.
You may not remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the Services or violate the intellectual property or contractual rights of ZINGTRIP, any Providers or any other third parties.
You may not transmit any worms, Trojan Horses, viruses, defects, or any items of a destructive nature or submit any unsolicited advertising such as SPAM.
You may not use automated means (such as harvesting bots, robots, spiders, or scrapers) to access the Site.
You may not submit anything that is illegal, profane, baleful, indecent, pornographic or abusive to and/or through the Site.
Other than through the Site, you may not schedule services outside of the Site or remain in contact with any Provider that you were introduced to through the Site and/or via the Services.
You may not pay any Provider outside of the Site for any Fitness/Wellness Sessions booked through the Site and/or via the Services.
You may not transfer Fitness/Wellness Sessions to other individuals who did not book or make a reservation through the Site and/or via the Services.
In addition, you acknowledge that the functional use of the Site and the Services may be dependent on the data related to your geographic location and geopositional data. Accordingly, you agree that your failure to provide (or make accessible) that data may limit the functionality of the Site and the Services.
By using the Services, you are acknowledging your understanding that ZINGTRIP has the right to make changes to any content on the Site including, but not limited to, data, brands, text, images, software, video, and materials without prior notice to you.
If ZINGTRIP receives reports of any violation of the above rules, specifically, or these Terms, generally, ZINGTRIP may at is discretion investigate the same and take any action it deems appropriate including reporting to and cooperating with relevant law enforcement agencies.
License and User Content
ZINGTRIP grants you a limited, non-exclusive, non-transferable license to access and use the Site and the Services in legally authorized jurisdictions for personal non-commercial purposes. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of ZINGTRIP. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ZINGTRIP. Any unauthorized use of the Site shall automatically terminate the license granted to you by ZINGTRIP for such use.
You shall be solely responsible for your actions and the contents of your transmissions to the Site. Although ZINGTRIP does not claim ownership of any of the photographs, videos, information, materials and other content that you submit via the Site (collectively, “Your Content”), by submitting Your Content via the Site, you automatically grant ZINGTRIP an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce and distribute Your Content on or in connection with the Site. Further, by submitting any information to ZINGTRIP, you represent and warrant that you have the legal right to do so and that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights.
The Services are licensed to, and not sold to, you for use under these Terms. All rights in the Services not expressly granted to you shall be deemed as reserved for the exclusive use by ZINGTRIP. You acknowledge and agree that the Services, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Site and the Services shall at all times remain the sole property of ZINGTRIP. You will not acquire any right, title or interest in or to the Site or the Services by reason of these Terms, except for the non-exclusive license to use the Services in accordance with these Terms.
Except as otherwise noted herein or otherwise on the Site, all information, documentation, and other content posted on the Site is the property of ZINGTRIP, its affiliates, and/or its licensors. The graphics, icons, and overall appearance of the Site is the property of ZINGTRIP. The posting of information, documentation, and other content does not constitute a waiver of any of ZINGTRIP’s, an affiliate’s, and/or a third party licensor’s proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on the Site is protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from the Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on the Site without the prior written consent of ZINGTRIP. You may view, print, copy, and download portions of the information, documentation, and other content of the Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. ZINGTRIP and its affiliates reserve the right to revoke this authorization at any time.
To be clear, you accept and acknowledge that, as between ZINGTRIP and you, any and all intellectual property rights (including but not limited to patent, copyright, trademark) as well as any other proprietary rights (e.g., trade secrets) in and to the Site and the Services are owned exclusively by ZINGTRIP.
Dealings with Third Parties and Links
The Site may contain links to other third party external sites. The links are provided “as is.” You should be aware that you use them at your own risk. Your participation, communication or business dealings with any third party found on or through the Site, regarding the payment and delivery of the related goods or services, or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ZINGTRIP does not endorse, and ZINGTRIP is not liable for, any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of the Site. ZINGTRIP is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service/use and privacy policies of the respective sites. You acknowledge, understand and agree that ZINGTRIP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. ZINGTRIP shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZINGTRIP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE SAFE. INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES HAS NOT BEEN VERIFIED, AND ZINGTRIP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS USEFUL, SUITABLE, ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
ZINGTRIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
ZINGTRIP MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FURTHER, ZINGTRIP MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT ANY IDENTIFIED ERRORS WILL BE CORRECTED. IN PARTICULAR, OPERATION OF THE SITE AND THE SERVICES MAY BE MOMENTARILY INTERRUPTED DUE TO SITE MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS AND/OR DUE TO TERRORISM, NATURAL DISASTERS AND/OR ACTS OF GOD. ZINGTRIP DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
BY USING THE SERVICES, YOU ARE AGREEING AND INDICATING THAT YOU EXPRESSLY UNDERSTAND THAT SERVICES RENDERED BY PROVIDERS AT FITNESS/WELLNESS SESSIONS ARE SOLEY AT YOUR OWN RISK. ZINGTRIP MAKES NO GUARANTEES AS TO THE AMOUNTS PROVIDERS MAY EARN THROUGH THE USE OF THE SITE, THE PROVISION OF SERVICES TO ANY USER, OR THE ENVIRONMENT AND SAFETY OF ANY FITNESS/WELLNESS SESSION LOCATION.
FOR EACH FITNESS/WELLNESS SESSION PARTICIPATED IN BY A USER, THE PROVIDER SHALL REQUIRE THAT THE USER EXECUTE A STANDARD WAIVER.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE SITE AND THE SERVICES UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. NEITHER ZINGTRIP, NOR ANY OF ZINGTRIP’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “ZINGTRIP ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF ZINGTRIP OR A ZINGTRIP ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
IN NO EVENT WILL ZINGTRIP OR ANY ZINGTRIP ASSOCIATES BE LIABLE TO YOU FOR CLAIMS THAT RESULT FROM YOUR RELIANCE ON ANY INFORMATION THAT YOU OBTAIN THROUGH YOUR USE OF THE SITE OR THE SERVICES INCLUDING ANY RELIANCE ON INFORMATION PROVIDED BY ANY PROVIDERS. SUCH INFORMATION IS PROVIDED FOR CONVENIENCE ONLY.
IN NO EVENT WILL ZINGTRIP BE RESPONSIBLE FOR ANY INJURY, DEATH, OR FINANCIAL LOSSES INCURRED BY USERS AS A RESULT OF ANY WELLNESS/FITNESS SESSIONS BOOKED VIA THE SERVICES.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH ZINGTRIP IS TO STOP USING THE SITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT ZINGTRIP’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED ANY AMOUNTS PAID BY YOU TO ZINGTRIP IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
THE SITE AND THE SERVICES ARE PROVIDED BY ZINGTRIP FROM ITS OFFICES WITHIN THE UNITED STATES. ZINGTRIP MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE OR THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU USE THE SITE OR THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND ZINGTRIP ACCEPTS NO RESPONSIBILITY FOR SUCH USE.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN ZINGTRIP AND YOU.
YOU WILL INDEMNIFY AND HOLD ZINGTRIP AND ANY ZINGTRIP ASSOCIATES HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THESE TERMS; (B) YOUR USE OF THE SITE; AND/OR (C) YOUR USE OF THE SERVICES.
ZINGTRIP respects the intellectual property rights of others. If you believe that any content posted on the Site infringes any copyrights that you own, please contact ZINGTRIP immediately by emailing it at the email address below in the Notices section.
Where required, ZINGTRIP may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to ZINGTRIP by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with ZINGTRIP, please email or write to:
47 S. Meridian Street, Indianapolis, Indiana 46204
Law, Jurisdiction and Venue
These Terms and your access to and use of the Site and the Services are governed by, interpreted, construed, and enforced in accordance with the laws of the State of Indiana, without reference to its conflict of law provisions. All disputes arising out of or related to these Terms shall be exclusively brought and exclusively maintained in the courts of competent jurisdiction situated in Marion County, Indiana. You hereby consent to and waive any objection to the exclusive personal jurisdiction and venue of such courts.
By using the Services, you are acknowledging and agreeing that any alleged loss/harm that you may suffer as a result of the actions or inaction by Providers or other Users shall not be attributable to ZINGTRIP and any related claims shall be limited to being brought against the particular individual or company that caused you the alleged loss/harm. You hereby agree that you will not attempt to impose any such liability on ZINGTRIP.
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of ZINGTRIP to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.