Hello, and welcome to ZIP (“The Service”), owned and operated by Zip Zip Zipper (“The Company”). Zip Zip Zipper reserves the right to change the Terms of Use. The most current version will be accessible through SMS Terms and Conditions. By signing up for the ZIP SMS service through our website, you are agreeing to sign up for the ZIP Service, these Terms of Use, and to receive messages on your mobile phone. When you sign up for the ZIP service, you will receive recurring messages.
Fees
Zip Zip Zipper does not charge you to participate in the ZIP Service. However, message and data rates may apply from your wireless carrier. Please consult your wireless carrier for applicable text messaging fees. Under no circumstances will Zip Zip Zipper be responsible for fees that your wireless carrier may charge you for use of The ZIP service.
Privacy
Zip Zip Zipper respects and protects your privacy. We do not share any information collected. To see our Privacy Policy.
Limitations on Use
You must be at least 17 years old to register for and use the ZIP service. If you are under 17 years old, please obtain your parents’ permission before you sign up for the ZIP service.
Supported Carriers
Mobile carriers are not liable for delayed or undelivered messages. Participating carriers include T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket.
Support Issues, Canceling or Unsubscribing
You may opt out of the ZIP service at any time by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to 39889. Message and data rates may apply. Alternatively, you can send an email to [email protected] with your mobile phone number as the subject line. For help or other support issues, you can also send an email to [email protected] Text HELP to 39889 from your mobile phone or call the following toll-free phone number: 877.236.1971 Messages are recurring based on account activity.
Ownership; Trademarks; Modifications to Offers
You agree that Zip Zip Zipper or its partners will own all legal right, title, and interest in and to the ZIP services and any offers made through the ZIP services, including any intellectual property rights. You agree that you shall not alter or modify any offers made through the ZIP service, and shall not remove, obscure, or alter any proprietary rights notices (including copyright or trademark notices) which made be affixed to the ZIP services or offers made through the ZIP services. Except as may be expressly authorized by a partner, you agree that you will not use any Trademark, service mark, trade name, or logo (“Trademarks”) of any entity in a way that is likely to or intended to cause confusion with respect to ownership of a Trademark, or that is likely to or intended to be detrimental to the goodwill in such Trademarks.
Termination
Zip Zip Zipper reserves the right, at our sole discretion, to terminate your subscription at any time without notice or without future obligation.
Disclaimer of Warranties
Zip Zip Zipper makes no warranties, express or implied regarding the ZIP service. The ZIP service is provided “as is” and on an “as available” basis, and Zip Zip Zipper DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Factors beyond the control of Zip Zip Zipper including without limitation, the speed of the mobile carrier networks and the internet may affect the performance of the ZIP service. Zip Zip Zipper is not responsible for any acts that are beyond the control of Zip Zip Zipper.
Limitation of Liability
Under no circumstances will Zip Zip Zipper, its officers, directors, employees, or agents be liable to you for any damages whatsoever with respect to your use of the ZIP service. Including without limitation, any direct, indirect, incidental, consequential, exemplary, or special damages even if advised of the possibility of the same. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Zip Zip Zipper will be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and notwithstanding the foregoing, in no event will Zip Zip Zipper be liable for any damages or liability arising under these terms of use or your use of the ZIP service that exceeds US $500.
Indemnity
You agree to indemnify and hold each Company party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the right of another party.
Governing Law; Venue
This agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of the state of Texas, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.