These Terms of Use apply to the use of the Cingo.Solutions website, and any applicable related software services, hereinafter referred to as the “Services“ , developed and furnished by Cingo Solutions, LLC Use, Use, unless otherwise noted, all references to Cingo Solutions LLC include Cingo Solutions and Cingo.Solutions. The Services include local and cloud based software programs designed for use by our customers. All users of the Services agree that access to and use of the Services are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use the Services.PLEASE NOTE THAT THE TERMS OF USE ARE SUBJECT TO CHANGE BY CINGO IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Cingo will make a new copy of the Terms of Use available at our website. We will also update the “Last Updated“ date in the Terms. If we make any material changes, and you have registered to use the Services, we may also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing users. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
All trademarks, service marks and trade names of Cingo used in the Services are trademarks or registered trademarks of Cingo. The entire content included in the Services and any related software platforms, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and international copyright laws, and is the property of Cingo. The collective work includes works that are licensed to Cingo, copyright 2016. ALL RIGHTS RESERVED. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by Cingo Solutions. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Services, whether in whole or in part, or create any derivative works from or of the Services. You may use the Services solely for purposes as permitted by the Terms of Service, and any related End User License Agreements. You may not incorporate any portion of the Services into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Services or otherwise assign any rights to the Services in whole or in part. You may not use the Services for any illegal purpose. Cingo may cease providing any Services and may terminate your right to use any Services at any time. Your rights to use the Services will automatically terminate without notice from us if you fail to comply with any of these Terms of Use, any related End User License Agreement, or any other applicable Terms.
If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer / system of access, and you agree to accept responsibility for all activities that occur under your account or password. Cingo only sells the Services to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Services only with involvement of a parent or guardian. We bill your method of payment on file periodically as a subscription when you start using our Services and stop billing when you stop using our Services. Cingo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
As Cingo only bills Service subscriptions based on actual usage, refunds are offered only in cases where usage does not occur and you were mistakenly billed.
The Services are provided on an "as is" and "as available" basis and without warranties of any kind, whether express or implied. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. To the fullest extent permissible pursuant to applicable law, Cingo disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Cingo does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that the defects will be corrected, or that the Services are free of viruses or other harmful components. Cingo does not make any warranties or representations regarding the use of the Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some States do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. CINGO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
All claims and disputes arising under or relating to this agreement are to be settled by binding arbitration in the state of Utah exclusive of conflict or choice of law rules. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator with at least 10 years’ legal practice in the software industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Legal Department, 491 N Bluff St, Suite 106, Saint George, UT 84770. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
These terms and conditions are applicable to you upon your accessing the Services and/or completing the registration or subscription process. These terms and conditions, or any part of them, may be terminated by Cingo without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimers, Limitation of Liability and Miscellaneous, shall survive any termination.
The private information of users of this site will be used in accordance with the Cingo Privacy Policy. Impersonation of others, including a Cingo or other licensed employee, host, or representative, as well as other members or visitors of the Services is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. When you use the Services, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. In order to keep the Services up to date, we may offer automatic or manual updates at any time and without notice to you.
Cingo does not and cannot review all communications and materials posted to or created by users accessing the Services, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Services, Cingo is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Cingo reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Cingo in its sole discretion.
You agree to indemnify, defend, and hold harmless Cingo, its officers, directors, employees, agents, licensors, suppliers and retailers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
Your use of this site shall be governed in all respects by the laws of the state of Utah, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises. Cingo’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Cingo may assign its rights and duties under this Agreement to any party at any time without notice to you. Cingo reserves the right to make changes to the Services, our policies, and Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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