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.
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.