PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BEFORE USING OUR WEBSITE, www.zapnabit.com, OR OUR MOBILE APPLICATIONS (COLLECTIVELY, THE “SITE”).
1. Terms of Service
Thank you for choosing ZapNabit.com. ZapNabit.com is a Delaware company listed as “ZapNabit LLC” and collectively referred to as “ZapNabit.com,” ZapNabit” or “ZapNabit, LLC,” Direct CabCall LLC dba ZapNabit and herein “The Company.” The Company provides the Services (defined below) to you subject to the following Terms of Service ("TOS"). ZapNabit.com operates this website and those connected to it (the "Sites"), including related applications to provide online services including, but not limited to restaurant ordering, grocery ordering, package location and delivery, merchant services, and driver services. By using the Sites, you agree to these Terms of Service. If you do not agree to these terms of service, you may not use this website or the related applications. We reserve the right, at our sole discretion and without notice, to change, modify, add, or delete portions of these terms of service at any time.
By accessing and using the ZapNabit.com services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular ZapNabit.com owned or operated services, you and ZapNabit.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. Description of ZapNabit.com Services
ZapNabit.com provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, social network and location services, and personalized content. You also understand and agree that the ZapNabit.com services may include advertisements and that these advertisements are necessary for ZapNabit.com to provide the ZapNabit.com Services. Unless explicitly stated otherwise, any new features that augments or enhances the current ZapNabit.com, including the release of new ZapNabit.com properties, shall be subject to the TOS.
3. Limitation of Liability
The ZapNabit website and ZapNabit application or applications isa technology platform that facilitates the location and booking of third-party independent delivery drivers or merchant employed driversfor individual merchants. The ZapNabit technology platform is a three-way referral service platform between customer, merchant, and third-party individual delivery drivers or courier services companies. The Company does not provide delivery services or courier service.
Merchants, delivery drivers, and courier service companies are independent of ZapNabit. Delivery drivers and courier service companies ARE NOT subject to the direction and control of ZapNabit and delivery drivers independently make business decisions related to the delivery service. ALL DRIVERS ARE INDEPENDENT AND SELF-EMPLOYED OR IN THIRD-PARTY CONTRACTURAL ARRANGEMENTS WITH A TRANSPORTATION CARRIER THAT IS INDEPENDENT OF ZAPNABIT. ZapNabit is not liable for and does not assume any liability, express or implied, to include, but not limited to merchant’s selection of services for delivery.
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). ZAPNABIT, LLC AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, even IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZAPNABIT, LLC WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, EXCEPT TO THE EXTENT NECESSARY TO FULFILL YOUR REQUESTS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE QUALITY OF THE SERVICES SCHEDULED THROUGH THE USE OF ZAPNABIT, LLC SERVICE APPLICATION AND WEBSITE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO SERVICE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.
4. No Access to Emergency Services
Neither the Products nor the Software are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points ("Emergency Services"). There are important differences between traditional telephone services and the Products. You acknowledge and agree that: (i) ZapNabit is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) the Software and the Products are not a replacement for your primary telephone service.
5. Your Registration Obligations
In consideration of your use of the ZapNabit.com services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the ZapNabit.com services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the ZapNabit.com service's registration form (the "Registration Profile") and (b) maintain and promptly update the Registration Profile to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ZapNabit.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZapNabit.com has the right to suspend or terminate your account and refuse any and all current or future use of the ZapNabit.com services (or any portion thereof). As the legal guardian, it is your responsibility to determine whether any of the ZapNabit.com services areas and/or Content is appropriate for your child.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR ACCOUNT, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You will immediately notify us of any unauthorized use of your password or account or any other breach or threatened breach of the Site’s security.
6. Interstate Nature of Communications of ZapNabit.com Network
When you register with ZapNabit.com, you acknowledge that in using the ZapNabit.com Services to send electronic communications (including but not limited to email, search queries, sending messages, uploading photos and other Internet activities), you will cause communications to be sent through ZapNabit.com's computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of ZapNabit.com's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
7. International Use And Export And Import Compliance
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of ZapNabit.com services and transfer, posting and uploading of software, technology, and other technical data via ZapNabit.com services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you: (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the ZapNabit.com services to export-prohibited parties or countries; (c) will not use the ZapNabit.com services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the ZapNabit.com services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
8. Contributions to ZapNabit.com
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to ZapNabit.com through its suggestion or feedback mechanisms, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ZapNabit.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ZapNabit.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) ZapNabit.com may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of ZapNabit.com without any obligation of Search.us.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Search.us.com under any circumstances.
9. Content Submitted or Made Available for Inclusion on ZapNabit.com
ZapNabit.com does not claim ownership of Content you submit or make available for inclusion on the ZapNabit.com. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the ZapNabit.com, you grant ZapNabit.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of ZapNabit.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the ZapNabit.com solely for the purposes of providing and promoting ZapNabit.com to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the ZapNabit.com and will terminate at the time you remove or ZapNabit.com removes such Content from the ZapNabit.com. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the ZapNabit.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the ZapNabit.com solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the ZapNabit.com and will terminate at the time you remove or ZapNabit.com removes such Content from the ZapNabit.com.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the ZapNabit.com the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
ZapNabit is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties.
You are responsible for the content you choose to communicate and access using the Software. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. ZapNabit reserves the right (but shall have no obligation) to review content for the purpose of enforcing these Terms. ZapNabit may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Software, Products or its customers, or otherwise enforce these Terms. Further, ZapNabit may in its sole discretion remove such content and/or terminate these Terms and your User Account if you use any content that is in breach of these Terms.
"Publicly accessible" areas of the ZapNabit.com are those areas of the ZapNabit.com network of properties that are intended by ZapNabit.com to be available to the general public. By way of example, publicly accessible areas of the ZapNabit.com would include Message Boards and portions of ZapNabit.com Groups and social media that are open to both members and visitors. However, publicly accessible areas of the ZapNabit.com services would not include portions of ZapNabit.com Groups that are limited to members, ZapNabit.com services intended for private communication such as ZapNabit.com Mail or ZapNabit.com Messenger, or areas off of the ZapNabit.com network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by ZapNabit.com.
10. Monitoring and Termination
If you are linking to our Site, we reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request.
We may terminate your use of the Site and the services offered on the Site at any time, for any reason and ZapNabit may prohibit your use of the Site and services offered on the Site at any time in our sole discretion. The terms of these Terms shall remain in effect at all times after the termination of your use of the Site and the services offered on the Site.
You agree to indemnify and hold ZapNabit.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the ZapNabit.com, your use of the ZapNabit.com your connection to the ZapNabit.com services, your violation of the TOS, or your violation of any rights of another.
12. General Practices Regarding Use and Storage
You acknowledge that ZapNabit.com may establish general practices and limits concerning use of the ZapNabit.com services, including without limitation the maximum disk space that will be allotted on ZapNabit.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the ZapNabit.com in a given period of time. You agree that ZapNabit.com has no responsibility or liability for the deletion or failure to store Content maintained or transmitted by the ZapNabit.com. You acknowledge that ZapNabit.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ZapNabit.com reserves the right to modify these general practices and limits from time to time.
13. Changes to Products
ZapNabit is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on ZapNabit.com. If you do not agree with any changes to Software and Products you may terminate your relationship with ZapNabit. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the ZapNabit website for details of the most up-to-date usage restrictions that apply to the Products that you are using.
14. Transactions involving Certain Products
You may have the option to order delivery of alcohol or medical marijuana products in some locations and from certain retailers. You will not use ZapNabit to order alcohol or medical marijuana products unless you are 21 years of age or older and you will not furnish alcohol or medical marijuana obtained through ZapNabit to any person who is not a lawful consumer. You agree that you will comply with all applicable laws related thereto and not cause ZapNabit, your delivery driver, shopper, or any retailer to contravene or violate any applicable law. ZapNabitmay offer information and a method to connect duly licensed, participating retailers to you to purchase alcohol beveragesor medical marijuana. ZapNabitdoes not, and does not intend to, make sales of alcohol beveragesor medical marijuana. Each participating retailer is the seller of record for the particular products it promotes on ZapNabit and sells to you. ZAPNABIT HAS NO RESPONSIBILITY OR LIABILITY FOR (I) ANY SALE OF ALCOHOL OR MEDICAL MARIJUANA PRODUCTS OR DELIVERY OF SUCH PRODUCTS SOLD AND DELIVERED BY RETAILERS TO YOU OR ANY OTHER CUSTOMER OR THIRD PARTY AND/OR (II) ANY ACTIONS OR OMISSIONS OF YOU OR ANY THIRD PARTY THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM THE PURCHASE AND/OR CONSUMPTION OF ALCOHOL OR MEDICAL MARIJUANA PRODUCTS PROMOTED OR ACQUIRED THROUGH ZAPNABIT.
We reserve the right, in our sole discretion, to refuse to offer the delivery of certain items. In the event we choose to refuse to offer certain products after you have placed your order but before the product is delivered to you, we may at our discretion cancel the portion of your order related to that product and issue a credit to your bank or credit card account in the amount of your cancelled charge.
15. Typographical Errors
In the event a product is listed on our Site at an incorrect price or with incorrect information due to typographical error or error in pricing or product information provided by our retailers, we have the right to refuse or cancel any orders placed for such products in our sole discretion, whether or not your order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is cancelled, either automatically or upon you contacting us we will issue a credit to your bank or credit card account in the amount of the cancelled charge.
16. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the ZapNabit.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ZapNabit.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the ZapNabit.com.
17. ZapNabit.com's Proprietary Rights
You acknowledge and agree that the ZapNabit.com and any necessary software used in connection with the ZapNabit.com ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the ZapNabit.com or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by ZapNabit.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the ZapNabit.com, such Content or the Software, in whole or in part.
You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the ZapNabit.com. You agree not to access the ZapNabit.com by any means other than through the interface that is provided by ZapNabit.com for use in accessing the ZapNabit.com services.
The Site and the content of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is owned by ZapNabit, its licensors or other providers of such material and are protected by United States and international intellectual property or proprietary rights laws. These Terms permit customers to use the Site for your personal, non-commercial use only. Subject to these Terms, ZapNabit grants you, merchants/retailers, customers, and delivery drivers a limited, non-exclusive, non-transferable license to download, install and use the Site for your personal, non-commercial use on a mobile device or computer owned or otherwise controlled by you. You may not:
1. Republish, reproduce, duplicate, copy, sell, rent, distribute, create derivative works, publicly display, publicly perform, store, transmit or sub-license the Site or material from the Site;
2. Copy the Site or modify copies of any materials from the Site;
3. Delete or alter any copyright, trademark or other proprietary notices from copies of materials from the Site;
4. Create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of the Site (without prior written approval by ZapNabit);
5. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Site;
6. Use the Site for any unlawful purposes or in any way that violates any applicable federal, state, local or international law or regulation;
7. Use the Site for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
8. Transmit or procure the sending of any advertising or promotional material without prior written consent, including any junk mail, chain letter, or spam; or 9. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm ZapNabit or users of the Site or expose them to liability.
All trademarks, service marks and trade names of ZapNabit on the Site are trademarks or registered trademarks of ZapNabit or their respective owners. You may not use such marks without ZapNabit’s or the respective owner’s prior written consent or as provided herein in “Third Party Links and Sites”. You acknowledge and agree that the Site is provided under a license, and not sold, to you. You do not acquire any ownership interest in the Site under these Terms or any other rights thereto other than to use the Site in accordance with these Terms. ZapNabit and its licensors reserve and retain their entire right, title and interest in and to the Site, except as expressly granted to you in these Terms.
Through your use of the Site, you may be able to submit, upload, publish or otherwise make available to ZapNabit textual, audio and/or visual content, including commentary and feedback (the “Content”). As between you and ZapNabit, any Content that you provide remains your property. However, by providing Content to ZapNabit, you grant ZapNabit and all of its subsidiaries, affiliates, successors and assigns a worldwide, perpetual, royalty-free, irrevocable, sublicensable, non-exclusive and transferable right to use, publish, reproduce, modify, adapt, publicly display and otherwise use your Content, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Such right shall survive the termination of these Terms and your use of the Site.
18. Charges for other Paid For Products
The charges for other Paid For Products will be confirmed to you before you complete a purchase via ZapNabit from a merchant or retailer. ZapNabit or the merchant may change the charges or fees payable for the purchase of such Products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published.
19. Billing and Payments
In accordance with my payment profile I authorize Direct CabCall, LLC dba ZapNabit, or ZapNabit LLC to charge any credit/debit card payments to my credit/debit card(s), and/or I authorize my bank to deduct any checking/savings payment(s) from my checking/savings account in accordance with my payment profile that may indicate per transaction or a monthly subscription fee. I understand that this payment may be deducted immediately or within thirty (30) days of my acceptance of these Terms and Conditions.
In using our services, you may be charged local sales tax. By registering to become a member and providing your payment information, you agree that we may save your payment information for your convenience.
If your payment method is declined, we will attempt to process your charge until the transaction is approved. We, and our third party payment service providers, may request and receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer directly.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment through another method, including a mailed statement.
The risk of loss and title for items purchased by you through our services passes to you upon our delivery of the items to you. Replacement of products or credits to your account for delivered or shipped merchandise claimed by you as not received are subject to our investigation. After our investigation, we may credit your account in our sole discretion.
If ZapNabit is unable to secure funds from my credit/debit card(s) or my bank for any reason, including, but not limited to, insufficient funds in my credit/debit card or bank account or insufficient or inaccurate information provided by me when submitting my electronic payment, ZapNabit may suspend my service at any time at their discretion.
20. Consent to Receive Emails
By using the Site or the Services, you consent to receive emails from ZapNabit or ZapNabit, which may include commercial emails. We will not use your personal information to send you news and product updates, unless you "option" to receiving such communications. In addition, you may "opt out" of receiving marketing or promotional email from ZapNabit or ZapNabit by following unsubscribe instructions or using unsubscribes links within communications we send. Please note, however, that as long as you receive the Services, you may not "opt out" of receiving service related emails from ZapNabit or ZapNabit.
21. Text Messaging
By registering to become a member, you agree that we may send you text (SMS) messages in order to provide you with the services and products offered through the Site. You may opt-out of receiving text (SMS) messages from Company at any time by contacting ZapNabit HQ via support@ZapNabit.com, provided however that opting out of text (SMS) messages may affect your use of the Site and the services and products offered through the Site. You may continue to receive text messages for a short period while we de-activate your account, and you may also receive text messages confirming the receipt of your de-activation request.
22. Promotional Offers
ZapNabit may offer Paid-For Products for free for a trial period. ZapNabit reserves the right to charge you for such Products (at the normal rate) in the event that ZapNabit determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with ZapNabit.
24. Disclaimer and Limitation of Liability
The information contained in the Sites and applications are for general information purposes only. While we endeavor to keep the information up-to-date and correct, the information on the Sites is provided "as is." We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Sites or the information, products, services, or related graphics contained on the Sites for any purpose, all of which are provided “as is” and at your own risk. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Any reliance you place on such information is therefore strictly at your own risk. Every effort is made to ensure the Sites and applications remain available. However, ZapNabit.com takes no responsibility for, and will not be liable for, any of the Sites being temporarily unavailable due to technical issues beyond our control, or for maintenance or other technical reasons. We do not warrant that the function of the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the servers that make the Sites available are free of viruses or other harmful components.
In no event will we be liable for any loss or damage including without limitation, any direct, indirect, incidental, consequential, special or exemplary loss or damage, or
(i) any loss or damage whatsoever arising from the use of or inability to use the Sites;
(ii) any transaction conducted through or facilitated by the Sites;
(iii) any claim arising from errors, omissions, or inaccuracies appearing on the Sites;
(iv) unauthorized access to or alteration of data or transmissions; or
(v) any loss of data or profits arising out of, or in connection with, the use of this Sites. If you are dissatisfied with the Sites, your sole and exclusive remedy is to discontinue using the Sites.
25. Use of Site
No right, title, or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Except as expressly authorized by the Terms of Service you may not use, modify, copy, distribute, transmit or derive another work from any Content obtained from these Sites.
26. Limitations on Use
You agree to use the Sites only for lawful purposes. You may not take any action that might compromise the security of the Sites, render the Sites inaccessible to other users or otherwise damage the Sites or the Content. You may not use the Sites in any manner that may interfere with the rights of third parties.
27. Copyright and Trademarks
This Sites and their Content are protected by the copyright laws of the United States of America and/or foreign copyright laws. All rights, title, and interest to the Content contained in the Sites belong to ZapNabit, LLC, affiliates or contributors who have authorized the use of their work on the Sites. ZapNabit respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any content on the Site violates your copyright, please send ZapNabit a written notice of infringement to our Copyright Agent (identified below), using the contact information listed below, containing the following information:
1. A description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the ZapNabit Services (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material);
2. Your contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address;
3. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner; and
5. An electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright. If you fail to substantially comply with the above requirements, contained in Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective and we may not have to take corrective measures against the alleged copyright infringement. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Please be aware that if you knowingly materially misrepresent that material or activity on our Site is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.
Attn: Compliance c/o Terry Reed, J.D.
3900 Burneway Drive, Suite 310, Lansing, MI 48911
28. Prohibited Uses
You may not, except by our express written permission or as provided elsewhere in the Sites, copy, alter, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
You may not use any of the marks or logos appearing throughout these Sites without express written permission from the trademark owner, except as permitted pursuant to applicable law.
30. Links to Third-Party Web Sites
From time to time these Sites and applications may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or that we are in any way affiliated with the website(s), except as may be provided by notification. We are not liable or responsible for any such linked website(s) or their content. If you use the links, you will leave the Sites and will be subject to the terms of service and privacy policies applicable to the linked website(s), including but not limited to those provided by Glympse that are located at http://www.glympse.com, Google, Creative Commons, and YELP which may differ from those applicable to these Sites. We are not liable or responsible for any loss or damage resulting from failure to consult the privacy policies of such linked website(s) or for reliance on these Terms of Service with respect to such linked website(s).
The following organizations may link to our Site by use of our corporate or LLC name or by use of the uniform resource locator (Web address) without prior written approval:
1. Government agencies;
2. Search engines;
3. News organizations;
4. Online directory distributors, if the Site is linked to in the same manner as the web sites of other listed businesses; and
5. Systemwide Accredited Businesses, except for soliciting non-profit organizations, charity shopping malls, and charity fundraising groups.
The above-listed organizations may link to our home page, to publications or to other Site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
31. Linking to this Site
You are free to create a link to the home page or any other parts or pages of these Sites from another website or document. However, you may not mirror or frame the home page or any other pages of these Sites on any other website or webpage without express written consent.
32. User-Supplied Information
You hereby warrant and guarantee that you have the legal right to transmit, post, or supply any information you transmit, post, or supply to the Sites and that doing so will not violate applicable law or the rights of any individual or entity.
33. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
34. Waiver and Severability of Terms
The failure of ZapNabit.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
35. Entire Agreement
If any part of these Terms of Service is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms of Service will remain in full force and effect.
37. Applicable Law
Your use of these Sites and any dispute arising out of such use is subject to, governed by, and will be interpreted in accordance with the laws The United States of America, without regard to any conflict of laws provisions.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE "ACCEPT" OR "CONFIRM" BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR ZAPNABIT WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO ZAPNABIT THE RIGHTS SET FORTH HEREIN.
LIMITATION OF LIABILITY
The ZapNabit website and ZapNabit application or applications are technology platforms that facilitate the ordering of services between customers, merchants/retailers and merchant/retailer employed or independently contracted delivery drivers and/or courier services. The ZapNabit technology platform is a three-way referral service between customer, merchant/retailer, third-party delivery driver or courier service company. The Company does not provide food, groceries, merchant services, or delivery service and is not the merchant/retailer of record. Merchants, and delivery drivers are independent of ZapNabit. The delivery drivers or courier services ARE NOT subject to the direction and control of ZapNabit and delivery drivers or courier service drivers independently make business decisions related to the delivery service. ALL DRIVERS ARE INDEPENDENT AND SELF-EMPLOYED OR IN THIRD-PARTY CONTRACTURAL ARRANGEMENTS WITH A TRANSPORTATION OR DELIVERY CARRIER THAT IS INDEPENDENT OF ZAPNABIT. ZapNabit is not liable for and does not assume any liability, express or implied, in your selection of a merchant, delivery driver, or courier service company.
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). ZAPNABIT, LLC AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVIEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ZAPNABIT, LLC WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Promulgated 23 June, 2017