Terms of Use

Terms of Use

ZippyCart.com provides the materials contained on this Site (the “Site”) to all visitors. ZippyCart.com requires that all visitors to the Site adhere to the following Terms and Conditions. Please read these Terms and Conditions (TOC) before using the site. By using the Site, you are accepting all of the practices described in our TOC. These TOC may be changed at any time. Any changes made to the TOC will be posted and the date will be updated. ZippyCart.com encourages you to review the TOC every time you visit the site to ensure that you are aware of any changes. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE ZippyCart.com SITE.

Personal Use Only

This Site is made available only for your personal, non-commercial use. Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of this Agreement and ZippyCart.com’s Our Privacy Policy. This Site provides information based on our editorial content and information provided to us by shopping cart software providers, as well as opinion-based information from shopping cart owners. While ZippyCart.com believes such information and advice to be reliable, we make no claims or representations about the accuracy, reliability, timeliness, usefulness or completeness of such information or advice. All information and advice given on this Site is intended only to assist you when searching for shopping carts. However, ZippyCart.com does not produce the shopping cart software or code itself. You should not rely on any information or advice you obtain on this Site. Any reliance by you on any information or advice will be at your own risk.

Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that ZippyCart.com, in its sole discretion, may elect to take.

Any action by you that, in ZippyCart.com’s sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site.

Third Party Links and Third Party Products

ZippyCart.com is not a financial institution and is not affiliated with or responsible for the services or products advertised by third parties on this Site. We provide links and unaffiliated third party direct content to you only as a convenience. We do not provide, endorse, or guarantee the content, advertising, products, services or other materials available on third party websites or in areas of this Site for which they directly provide content. We do not control, author, edit, or monitor these linked web pages or have any responsibility for the accuracy or availability of information provided on them or on the areas of this Site for which content is provided by unaffiliated third parties. ZippyCart.com does not make any representations or warranties, express or implied, regarding the content, products or services offered by third parties. The third party links and content accessible from our Site do not constitute or imply an endorsement, authorization, sponsorship or affiliation by ZippyCart.com with respect to any third party or any third party products or services. By using this Site, you acknowledge that you are responsible for viewing and abiding by the privacy statements, service agreements and terms of use of any linked web pages.

Your Indemnification of ZippyCart.com

You shall defend, indemnify and hold harmless ZippyCart.com and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by ZippyCart.com; (iii) your access or use of the Site; and/or (iv) access or use of the Site under any password that may be issued to you.

Shopping Carts Presented On This Site

Participating shopping cart companies pay us when they receive a completed sale to a person referred from this site. The placement and prominence of a specific offer is subjectively determined by us based on several considerations including; the ZippyScore, Customer Scores, and overall success of the product in terms of how well it will serve you.

Not an Application

Nothing on this Site constitutes an offer, promise or otherwise, either to provide a specific shopping cart or that any participating shopping cart software provider will service you in the same way Zippy does. If you contact a shopping cart company listed on the Site and you make a purchase, your information remains between you and that software company. We shall not be responsible or liable for any products, services, information or other materials displayed, purchased, or obtained as a result of any information or offer in or results of any kind obtained in connection with this Site.

No Guarantees

ZippyCart.com does not guarantee and makes no representations as to the accuracy, quality, timeliness, validity or authenticity of any rates or features posted by shopping cart issuers. All information is subject to change without notice.

Governing Laws and Regulations

User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. Washington law and Federal law will govern the interpretation and enforcement of these Terms and Conditions.

Copyright and Trademark Policies

The information contained at the Site, including but not limited to text and images herein (other than certain images licensed from third parties) and their arrangement, are copyright 2009 by ZippyCart.com. All rights reserved. This Site and its entire contents are for personal use only and may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted or distributed in any way, without ZippyCart.com’s prior written permission.

Ownership of Materials

Except as otherwise indicated, this Site and its entire contents including, but not limited to, the text, information, material, software and graphics contained on this Site (the “Materials”), are owned by ZippyCart.com and its affiliates. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. ZippyCart.com makes no proprietary claim to any third-party names, trademarks or service marks appearing on this Site. Any third-party names, trademarks, and service marks are the properties of their respective owners.

The Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way without ZippyCart.com’s prior written permission.

By posting a message or contributing in any way to this Site, including, but not limited to, sending comments and e-mail, to this Site, you expressly grant ZippyCart.com a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose.

You shall not transmit, submit or post the following to the Site:
  • Information that infringes ZippyCart.com’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
  • Information that violates any law, statute, ordinance or regulation;
  • Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to ZippyCart.com or third parties or that infringes on ZippyCart.com’s or any third party’s rights of publicity or privacy;
  • Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
  • Information that is false, inaccurate or misleading;
  • Commercial advertisements or solicitations without written permission from ZippyCart.com; or
  • Federally Trademarked and/or Copyrighted information without written permission from ZippyCart.com.

Although ZippyCart.com does not regularly review your transmissions, submissions or postings, ZippyCart.com reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to the Privacy Policy, ZippyCart.com may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.

ZippyCart.com reserves the right to change, update, discontinue, or restrict or prevent access to this Site or the Materials at any time without notice.

Access and Interference

The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without ZippyCart.com’s express written permission which may be withheld in ZippyCart.com’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in ZippyCart.com’s sole discretion an unreasonable or disproportionately large load on ZippyCart.com’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of ZippyCart.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass ZippyCart.com’s robot exclusion headers or other measures ZippyCart.com may use to prevent or restrict access to the Site.

Disclaimer and Limitation of Liability

BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE INFORMATION IS PROVIDED “AS IS,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. IN NO EVENT SHALL ZippyCart.com BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED SITE, EVEN IF ZippyCart.com OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This Site is intended to assist readers by providing financial data, resources and editorial information on financial products. ZippyCart.com is not responsible for any errors or omissions in the Materials or information provided on this Site, any articles or postings for hyperlinks embedded in messages, nor for any loss or damage caused by your reliance on information obtained on this Site or in a hyperlinked site.

This Site may provide chat rooms, blogs, bulletin boards and other means for the public to contribute information and make statements. ZippyCart.com does not make any endorsements of these statements nor representations that the statements are true and accurate. ZippyCart.com reserves the right to edit statements made within these forums. We also reserve the right to limit or restrict access to users who abuse these forums. You should be cautious when acting on information provided by contributors to this user generated content. You should not rely solely upon the information and opinions of the chat rooms or bulletin boards.

ZippyCart.com Makes No Representations or Warranties Regarding the Content

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ZippyCart.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.

ZippyCart.com DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. ZippyCart.com MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, ZippyCart.com recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.

Governing law and Jurisdiction

User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. These terms and conditions of use shall be governed by and construed in accordance with the laws of the United States of America and the state of Washington, without giving effect to any choice of law or conflict of law provision or rule (whether of the state of Washington or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the United States or the state of Washington. By using this Site, you consent to the jurisdiction of the state and federal courts of King County, Washington, U.S.A. for any action or proceeding arising under or relating to these Terms of Use, this Site or the use of, or reliance on, this Site.

This Site is directed at and made available only to persons who reside in countries where the products or services advertised by the shopping cart providers or other ecommerce providers are permitted under applicable local law.

Miscellaneous

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The failure of ZippyCart.com 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 this Agreement 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 these terms remain in full force and effect.

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