Please read this carefully before using our site, services, applications, widgets, or sending or purchasing merchandise (“Services”). This is a legally binding contract between you and Zggly.com, Inc. ('AKA Zggly.com or Zggly").

BY USING THE SERVICES, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF USE (AND ANY ADDITIONAL TERMS INCORPORATED HEREIN) AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF ZGGLY.COM’S SERVICES.

The information provided by Zggly.com ("we," "us," or "our") on Zggly.com (the "Site") and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or our mobile application.

UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

In the terms of use set forth below (the “Terms of Use”), the terms “you” and “your” or "the customer" or "the user" or " the buyer" or "purchaser" refer to, as applicable, (i) the person or persons sending any item thereof (hereinafter referred to as “Merchandise”) to Zggly.com, Inc. (“Zggly.com or Zggly”) for sale to, and purchase by, Zggly.com, (ii) the person or persons purchasing any Merchandise from Zggly.com, (each such purchase or sale transaction hereinafter referred to as “Transaction”) or (iii) the person or persons using Zggly.com (the “Site”). “We,” “our,” and “us” refer to Zggly, its successors, and assigns.

These Terms of Use are binding on every Zggly.com customer and shall apply to all business dealings between you and Zggly.com, including, but not limited to, your use of the Site, the Transaction, and any other Services provided to you by Zggly.com, including the use of the online platform Shopify which this Site is hosted by. You hereby make representations and warranties to Zggly.com (regardless of whether a Transaction is consummated and whether Zggly.com is the purchaser or seller of the Merchandise) and agree to the terms and conditions, in each case as set forth in terms of Use, by your use of the Site and/or by sending Merchandise to or receiving Merchandise from Zggly.com.

These Terms of Use include (I) AN ARBITRATION PROVISION, (II) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US, AND (III) a release by you of all claims for damage against us that may arise out of your use of the Services. By using any of THE SERVICES, you agree to THESE PROVISIONS.

Terms Applicable to the Purchase of Merchandise BY ZGGLY.COM.

The following terms and conditions govern any Transaction relating to the purchase, or attempted purchase, of Merchandise by Zggly.com.

Zggly acting as a 3rd party purchasing service or agent

Agreement summary:

Zggly may serve as a third-party purchasing service or agent for products listed for sale on zggly.com. Upon order confirmation, Zggly reserves the right to place orders and utilize other third-party websites and companies to purchase the product ordered. Additionally, the product ordered by the customer may be shipped and delivered by other third-party websites, brands, suppliers, or resellers. Customers acknowledge that orders may arrive with third-party packaging and branding.

Permission to purchase agreement:

By placing an order on Zggly.com, hereinafter referred to as the "Platform," you (referred to as "Customer" or "You") hereby grant permission to Zggly (referred to as "Zggly.com, Inc." "Zggly," "Zggly.com" "we," "us," or "our") to act as a purchasing service or agent to purchase products on your behalf.

You authorize Zggly to:

You understand and agree that:

By placing an order on the Platform, you acknowledge and agree to grant Zggly permission to act as a purchasing service or agent as described herein.

This permission agreement shall be binding upon you, your heirs, successors, assigns, and legal representatives.

This Agreement ("Agreement") is entered into between Zggly.com, Inc., Zggly.com, or Zggly (referred to as "Zggly," "we," "us," or "our"), and the customer (referred to as "you" or "your"), collectively referred to as the "Parties."

1.1 Zggly may operate as a third-party purchasing service for products listed, sold, and shipped from zggly.com ("Platform").

1.2 By placing an order on, with, or from Zggly.com, you acknowledge and agree that Zggly may act as a third-party purchasing service to procure the products on your behalf.

2.1 Upon your order confirmation, Zggly reserves the right to place orders and utilize other third-party websites and companies to purchase the product(s) ordered.

2.2 You understand and agree that Zggly may use various third-party websites and companies to fulfill your order.

3.1 The product(s) ordered by you may be shipped and delivered by other third-party websites, companies, businesses, brands, suppliers, or resellers.

3.2 Orders may arrive at your designated shipping address with third-party packaging, shipping labels, packing slips, branding etc. Orders may arrive with other 3rd party carrier services, or freight forwarders.

4.1 By placing an order on, with, or from Zggly.com, you acknowledge and agree to the terms outlined in this Agreement.

5.1 Zggly shall not be held liable for any damages, losses, or expenses arising from the actions or omissions of third-party websites, businesses, companies, brands, suppliers, or resellers involved in the procurement, shipping, and delivery of the product(s) ordered.

6.1 This Agreement shall be governed by and construed in accordance with the laws of Wyoming.

7.1 This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter herein and supersedes all prior or contemporaneous agreements and understandings, whether oral or written, relating to such subject matter.

8. Amendment:

8.1 This Agreement may be amended or modified from time to time on this web page url address without further notice.

This Zggly Cash Terms of Use Agreement ("Agreement") is entered into by and between Zggly (hereinafter referred to as "Zggly" or "Zggly.com" or "Company") and the registered account holder ("Customer" or "User" or "Buyer" or "Purchaser") as of the date of acceptance by the Customer. By using Zggly Cash, you agree to the terms set forth in this agreement section, and all other terms, conditions, and policies governed by Zggly.

Payments & Checkout - When using our checkout process to complete a purchase or any other purchase method available by Zggly.com, the customer understands and agrees that payment is due in advance. Zggly.com collects payments in advance before order processing; whether the order may or may not be fulfilled, Zggly.com requires payment in advance to process the order. The customer understands and agrees that by making a payment to Zggly.com, funds are being held in a standard business/corporate account or used until the order is delivered or fulfilled. The customer understands and agrees that payments or funds may also be held or used if the order is canceled, cannot be delivered, or fulfilled.

Zggly.com makes no promises or guarantees of order fulfillment. The customer understands and agrees that no product, physical or tangible product, service, or delivery is immediately rendered or exchanged by Zggly.com at the time of order confirmation or the payment receipt, with the only exception of digital gift cards if available or being offered. The customer understands and agrees that products may not be in stock and may need to be secured from 3rd party vendors, suppliers, private sellers, or any other sources Zggly may choose at its sole discretion.

The customer understands and agrees that Zggly.com may need to source the item purchased by the customer. The customer understands and agrees that certain items may not be in stock or is ready to be shipped immediately. The customer understands and agrees that payment being rendered to Zggly.com does not guarantee order fulfillment and that Zggly.com reserves the right to cancel the order or refund the payment at any time for any reason without notice.

Credit Card Payments - The customer authorizes Zggly.com to charge provided credit or debit card for the use of payments. The customer understands and agrees that if an order or transaction needs to be canceled and refunded or anything else related to the charge, the customer should notify Zggly.com. The customer understands and agrees that filing any disputes or chargebacks without contacting Zggly.com before resolving any issues is prohibited by the Zggly.com terms of use.

Credit or Debit Card Authorization Form - The customer understands and agrees that if a credit or debit card is used to make a purchase, a payments authorization form may be requested or required to be completed within 24 hours of the original purchase order date to continue processing the purchase order. Failure to complete the authorization form may result in order cancellation without notice. The customer understands and agrees that if the payment authorization form is not completed, the purchase order may remain pending and will not be processed until the payment authorization form has been received and completed. An incomplete payment authorization form may result in funds being on hold, delayed, or canceled purchase orders.

Affirm Payments - BY ACCESSING THE AFFIRM WEBSITE OR USING THE AFFIRM SERVICE, YOU AGREE TO BE BOUND BY THE (1) AFFIRM TERMS OF SERVICE, (2) AFFIRM E-SIGN CONSENT AGREEMENT, (3) AFFIRM PRIVACY POLICY AND PRIVACY NOTICE, (4) CROSS RIVER BANK PRIVACY NOTICE, (5) CELTIC BANK PRIVACY NOTICE, AND (6) EVOLVE BANK & TRUST PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THE AFFIRM WEBSITE OR USE THE AFFIRM SERVICE.

Affirm is a 3rd party service offered through Zggly.com by a separate application integration. Affirm is a payment provider which offers its own products and services. Zggly.com or its affiliates do not manage services and products provided by Affirm. You will be redirected to the Affirm website or software application to complete product registration or services by selecting Affirm products or services. Zggly.com is not liable or responsible for Affirm payments, refunds, technical support, customer service, agreements, disclosures, policies, terms, conditions, or services. To learn more about the Affirm terms of service, please visit this link: https://www.affirm.com/terms

Your use of the Affirm Service is solely between you and Affirm. It is your responsibility to read the terms and conditions and/or privacy policies applicable to the Affirm Service before using it.

Coinbase Payments - Zggly.com accepts cryptocurrency payments via our preferred partner, Coinbase. Zggly currently accepts Ethereum, Bitcoin, Dogecoin, Litecoin, Bitcoin Cash, DAI, and USDC. Any Cryptocurrency checkout transactions will be finalized by being redirected to the Coinbase network. Once your Cryptocurrency payment has been completed, an order confirmation will be generated.

Cryptocurrency Refunds - All refunds will be initiated and electronically transmitted from the Coinbase network. Refunds are only processed for the exact cryptocurrency amount received at the time of placing the order and completing the transaction. Any claims against exchange rates, interest, accumulated interest, currency value exchange, increased/decreased currency value, and country exchange rates will not be applied.

Pre-orders - Zggly.com offers products available for sale via pre-order. The customer understands and agrees that pre-orders are not products available for immediate sale, delivery, or fulfillment. When using our checkout process to complete a purchase or any other purchase method available by Zggly.com, the customer understands and agrees that payment is due in advance. Zggly.com collects payments in advance before order processing; whether the order may or may not be fulfilled, Zggly.com requires payment in advance to process the order. The customer understands and agrees that pre-order payments are collected in advance to secure the sale. The customer understands and agrees that pre-orders may take several days or months to deliver, fulfill, or be completed. The customer understands and agrees that pre-orders are not guaranteed to be fulfilled and may be canceled at any time for any reason without notice. The customer understands and agrees that items being offered via pre-orders may not be in stock or ever available to be shipped due to market availability, sole company discretion, or any other conditions or unknown variables. The customer understands and agrees that during the pre-order sale, Zggly.com will hold and use your payment. Zggly.com reserves the right to cancel and refund pre-orders for any reason at any time without notice.

Pre-orders are subject to the section terms above named "Pre-orders". Pre-orders are also governed by the following terms below:

All Merchandise sold by Zggly.com is sold pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For Merchandise shipped to a jurisdiction outside the U.S. or in territories of the U.S., you, as the purchaser, are required to pay customs charges, as well as any associated import tax, VAT, or duties. Zggly.com is unable to provide specific customs charges for each purchase as policies vary greatly by country.

You are encouraged to contact your local customs office for pricing estimates. Zggly will include a copy of the invoice for the Merchandise with every purchase, and each country will determine applicable fees based upon such invoice. Zggly.com will not label an item as a gift or declare a lesser value on the invoice than the purchase price paid. Zggly.com will issue a refund of the purchase price actually received by Zggly.com, minus all shipping and customs charges incurred as well as a restocking fee in such amount as reasonably determined by Zggly.com, for any Merchandise returned to Zggly.com by customs officials due to you, as the purchaser, refusing such Merchandise at customs.

Customer Refund Eligibility for Pre-orders - Customers may cancel and request a refund during the pre-order sale unless tracking or proof of delivery has been provided. If tracking information or proof of delivery has been rendered to the customer, the customer can no longer cancel the pre-order. You can learn more about our overall return policy here.

Any fraudulent transaction should be immediately reported to Zggly. Fraudulent transactions will be canceled, investigated, and reported to the appropriate authorities.

We attempt to be as accurate as possible. However, we do not warrant that Merchandise descriptions or other content on our site, including, without limitation, pricing information, is accurate, complete, reliable, current, or error-free. Additionally, you understand that the Merchandise that you are purchasing may arrive not as described.

List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Zggly, and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Zggly.

With respect to items sold by Zggly, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Zggly is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Zggly.com offers discounts via phone, email, text (SMS), and other manual or automated tools.
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Zggly.com does not allow discount or coupon code stacking. Stacking also applies to deals, vouchers, SMS offers, and referral codes. Only one discount or coupon code can be applied to each unique order at any given time.

Zggly.com reserves the right to readjust the price at any time for any reason due to any technical errors or any other unforeseen reasons. Zggly.com reserves the right to cancel or void any discount or coupon codes at any time for any reason.

The discount that you receive is personalized to you for one-time use and cannot be shared or re-generated.
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Zggly.com offers discount coupons via text messaging for selected first-time visitors viewing https://zggly.com on their mobile device and have consented to give their telephone number and email address to Zggly.com for marketing purposes.

When you use apps created by Zggly, such as the Zggly App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Zggly does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

We reserve the right, with or without prior notice, to (a) discontinue or limit the available quantity of any product or aspect of the Services and (b) refuse to allow any user to purchase a product or deliver any product to a user.. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

These restrictions may include orders placed by or under the same customer account, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made from us. You agree to promptly update your account and other information, including your email address and phone number so that we can complete your transaction(s) and contact you as needed.

When you purchase Merchandise through the Services, you (a) agree to pay the price for such Merchandise set forth in the Services, all shipping and handling charges (if any), and all applicable taxes and customs fees in connection with your purchase (the “Full Purchase Amount”).

Unless otherwise noted, all currency references are in U.S. dollars. All fees are payable in accordance with payment terms in effect at the time the fee becomes payable. Orders will not be processed until payment has been received in full.

License To Use the Services.
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Subject to your compliance with these Terms of Use, Zggly hereby grants to you, a personal, nonexclusive, nontransferable, revocable, limited license (without the right to sublicense) to access and use the Services (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely on computers and devices that you own or control, and subject to the limitations set forth below. These Terms of Use are limited to the intellectual property rights of Zggly and its affiliates and licensors and do not include any rights to other patents or intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms of Use. The limited rights granted to you to access and use the Services comprise a limited license and do not constitute the sale of any software program.

You may need your own Zggly account to use certain Zggly Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. to manage your payment options.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Zggly does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Zggly Services only with involvement of a parent or guardian.

Parents and guardians may create profiles for teenagers in their Zggly Household. Alcohol listings on Zggly are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Zggly reserves the right to refuse service, terminate accounts, terminate your rights to use Zggly Services, remove or edit content, or cancel orders in its sole discretion.

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Zggly reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Zggly a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Zggly and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Zggly for all claims resulting from content you supply. Zggly has the right but not the obligation to monitor and edit or remove any activity or content. Zggly takes no responsibility and assumes no liability for any content posted by you or any third party.

We may restrict or suspend accounts and transactions to protect our community anytime without notice. If you’re a seller, your payouts will be placed on hold until your restriction or suspension is lifted. If your Zggly account is restricted or suspended, we’ll email you with the steps you need to take to have your account reinstated.

If we've placed a hold, restriction, or suspension on your account, we’ll send you an email explaining what happened and what you need to do to get your account back.

Why your account was suspended or restricted
Holds, restrictions, or suspensions are usually placed on accounts for one of the following reasons:

How to have your account reinstated
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Depending on the reason we suspended your account, we'll send you details via email on steps how to reinstate your account.

If your account was restricted or suspended because of outstanding seller costs or a refund reimbursement, you can make a one-time payment to resolve the issue. When we receive your payment, your account will be reinstated.

​What happens while an account is suspended
When your Zggly account is suspended, you won't be able to:

If you’re a seller, your payouts will be placed on hold until the hold, restriction or suspension on your account is lifted.

When you start buying or selling on Zggly, we may need to confirm your identity. We may place a temporary hold on your account until we can verify your details.

Once verification is complete, we’ll email you to let you know that the hold has been lifted so you can start buying and selling.

If your account is on hold, restricted, or suspended, we’ll send an email to your registered email address explaining why. We’ll also let you know what you need to do before it can be reinstated.

You are entirely responsible for any harm resulting from your use of the Site. Zggly does not warrant that the function or operation of the Site will be error free, that the Site or the server that makes it available will be free of viruses or other harmful elements. As a user, you assume full responsibility for any costs, expenses, losses, or damages incurred by you in connection, resulting from, or arising out of the use of the Site.

You represent and warrant that: (a) (i) you will not use the Site for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications; (ii) you will not access the Site through the use of scripts, bots or other automated means; (iii) you will not access the Site through any means other than through the interface that we provide to you or engage in unauthorized framing of, or linking to, the Site unless otherwise specifically authorized by us in a separate written agreement; (iv) you will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including, without limitation, hacking into the Site; (v) you will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; (vi) you agree that you will not use the Services if you are not fully able and legally competent to agree to these Terms of Use, (vii) you will provide Zggly with whatever proof of identity we may reasonably request, (viii) you will only use the Services for lawful purposes, (ix) you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct, (x) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”, (xi) you will not use the Services to cause nuisance, annoyance or inconvenience, (xii) you will not impair the proper operation of the network, (xiii) you will not try to harm the Services in any way whatsoever, (xiv) you will not copy, or distribute the Services or other content without written permission from Zggly, (xv) you will only use the Services for your own use and will not resell it to a third party, (xvi) you will not circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any intellectual property or enforce limitations on use of the Site or the materials on the Site; and (xvii) you will not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else that minimizes, covers or inhibits the full display of the Site.

(b) You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Zggly. Except as specifically permitted herein or expressly authorized in writing by Zggly, you agree that you will not directly or indirectly: (i)distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity, (ii) use the Services in any service bureau arrangement, (iii)copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means, (iv) harvest or scrape any content or data from the Services, or (v) permit any third party to engage in any of the acts described in clauses (vi), (viii), (ix) and (x) above.

You further understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services, (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services), (iii) use any means to discover the source code of any portion of the Services, or (iv) otherwise bypass any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of Zggly and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Zggly is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services.

You understand and agree that Zggly expressly reserves the right to cancel any order at any time for any reason. Zggly shall refund the amount of money paid up to the date of cancellation. Additionally, you understand and agree that Zggly reserves the right to refuse service to any one for any reason at any time.

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk. If you have any questions, please feel free to contact us. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. Except where noted otherwise, the list price, estimated retail price, suggested retail price, or similar price information displayed for Merchandise represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. These prices are a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We make no representations or warranties as to accuracy or completeness of any pricing or other information included in this Site, and you should not rely on this information. Actual retail prices may vary greatly from those shown in this Site. We reserve the right to modify any information from time to time without notice, including, but not limited to, information regarding prices, models, and specifications. We do not assume any responsibility for the accuracy, completeness or authenticity of any information contained in this Site, including the estimated retail prices. You agree that it is your responsibility to monitor changes to our Site.

The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that Zggly and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Zggly’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use. You acknowledge and agree that the features and functionality of the Services, and all software, content, data, information and materials contained therein are the confidential and proprietary information of Zggly (or its licensors), and accordingly you agree to (a) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of Zggly and (b) only use such information for the purposes of using the Services provided by Zggly hereunder.

Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Zggly by you (collectively “Feedback”) and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Zggly or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Zggly. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Zggly and Zggly may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Zggly any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Zggly’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

Zggly understands the important role that online reviews play in building a business’s reputation. We also understand our customer’s desire to provide an online review. While we continually strive to provide you with the best quality regarding your use of the Services, we acknowledge that from time to time there may be a mishap with respect to your dealings with us. Zggly will work in a timely manner to resolve any mishap that may occur. Your satisfaction is our number one priority.

To that end, Zggly complies 100% with the Consumer Review Fairness Act enforced by the FTC. While we believe in honest consumer evaluations we will not tolerate reviews that contain any of the following prohibited speech: (1) any speech containing confidential or private information – for example, a person’s financial, medical, or personnel file information or a company’s trade secrets; (2) any speech that is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (3) any speech that is unrelated to the company’s products or services; or (4) any speech that is clearly false or misleading. Please be advised if you do post prohibited speech, Zggly will make every effort, including but not limited to, legal action, to have it taken down immediately.

Should you find yourself desiring to post a negative review, please before posting call us to talk about the problem. Most likely there is a misunderstanding and we want to address your concerns quickly and resolve the matter in a favorable way.

As a condition of your use of the Services, you hereby grant to Zggly a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you upload, publish, submit or transmit to be made available through the Services (“Your Content”). By submitting Your Content through the Services, you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights, (b) that Your Content is accurate, and (c) that use of Your Content does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the Services by you or any third party.

WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION IT VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITE OR SERVICES.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that Zggly is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites.

Zggly does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

Third party services and Third Party Materials that may be accessed from displayed on or linked to from the Services and are not available in all languages or in all countries. Zggly makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

When you use Zggly Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Zggly Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

FOR PURPOSES OF THE TRANSACTION, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, RECEIPT OF NOTICES BY E-MAIL OR OTHER ELECTRONIC MEANS, USE OF ELECTRONIC CONTRACTS, AND TO ACCEPT THESE TERMS OF USE BY ELECTRONIC MEANS.

YOU ARE SOLELY AND FULLY RESPONSIBLE FOR YOUR USE OF THE SERVICES, INCLUDING INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ZGGLY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. ZGGLY DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (D) DEFECTS IN THE SERVICES WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY ZGGLY OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZGGLY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ALL INFORMATION, CONTENT, MATERIALS, MERCHANDISE AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY US OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZGGLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO MERCHANDISE, TRANSACTIONS, AND THE SERVICES PROVIDED BY ZGGLY TO YOU.

IN ALL EVENTS THROUGHOUT THESE TERMS OF USE, YOU AGREE THAT THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US SHALL NOT EXCEED THE LESSER OF OUR OFFER TO YOU OR $1,000.00 PER TRANSACTION. NOTWITHSTANDING THE FOREGOING, IF THE MERCHANDISE WE RECEIVE FROM YOU (I) IS MATERIALLY DIFFERENT FROM THE DESCRIPTION OF THE MERCHANDISE YOU PROVIDED TO US, (II) HAS AN ALTERED OR MUTILATED SERIAL NUMBER, OR (III) IS A COUNTERFEIT OR A REPLICA COPY, THEN THE LEGAL LIMIT OF OUR LIABILITY TO YOU FOR ANY CLAIMS OR ACTIONS FOR LOST, DAMAGED, OR DESTROYED MERCHANDISE THAT YOU SENT TO US SHALL NOT EXCEED $100.00 WITH RESPECT TO SUCH MERCHANDISE.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR (a) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECULATIVE, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR OPPORTUNITY; OR (b) ANY CLAIMS, DEMANDS, OR ACTIONS FOR ANY SUBROGATION CLAIM BROUGHT BY YOUR INSURANCE CARRIER, IN EACH CASE RELATING TO ANY TRANSACTION(S), THE MERCHANDISE, THE SITE, OR ANY OTHER SERVICES PROVIDED BY ZGGLY TO YOU, AND YOU EXPRESSLY AND SPECIFICALLY WAIVE ANY SUBROGATION CLAIM ON YOUR BEHALF AS WELL AS ON BEHALF OF YOUR INSURANCE CARRIER.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Not limiting the pervious sentence, you agree that the above limitations of liability together with the other provisions in these Terms of Use that limit liability are essential terms of these Terms of Use and that Zggly would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability. You are agreeing to these limitations of liability to induce Zggly to grant you the rights set forth in these Terms of Use.

You agree to indemnify, defend, and hold harmless Zggly, its officers, successors, directors, managers, members, employees, attorneys, agents, consultants, affiliates, influencers, collaborators, sellers, fulfillment services, licensors and suppliers (collectively the “Indemnified Parties”) from and against any and all claims, costs, damages, losses, expenses, fines, and penalties, including, but not limited to, reasonable attorneys’ fees, incurred by any of the Indemnified Parties resulting from or arising out of or in connection with any breach or violation of these Terms of Use by you or anyone acting on your behalf, or your violation of any rights of a third party, or any unauthorized use of the Services, or your negligence or willful misconduct or as a result of any false or materially misleading information provided by you to Zggly (including, without limitation your representations and warranties to Zggly regarding ownership of the Merchandise and your authority to sell the Merchandise to Zggly).

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a Class Action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

Class Action Waiver: Any Claim (as defined below) must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this Class Action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Zggly each waive any right to a jury trial.

1. Informal Process First. You agree that in the event of any dispute between you and Zggly, you will first contact Zggly and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

2. Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Services and/or Zggly’s Merchandise, including the Services, or relating in any way to the communications between you and Zggly or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Zggly. However, this arbitration agreement does not (a) govern any Claim by General Provisions. for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms of Use or (b) bar you from making use of applicable small claims court procedures in appropriate cases.

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. However, you agree that the Arbitrator shall not have the right to award consequential, punitive, speculative, indirect, incidental, special, or exemplary damages. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Zggly are each waiving the right to a trial by jury or to participate in a Class Action. You expressly agree that any such Arbitrator has personal jurisdiction over you. You waive all defenses of lack of personal jurisdiction and forum non-convenience. You agree to abide by all decisions and awards rendered in such Arbitration proceedings, and that such decisions and awards rendered by the Arbitrator shall be final and conclusive. This arbitration provision will survive any termination of these Terms of Use.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to 1607 Capitol Ave, Suite 322, Cheyenne, WY 82001-4525 USA. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions. The arbitration will be conducted in Cheyenne, WY. The arbitration will be conducted in the English language. The AAA rules and the laws of the state of Wyoming, excluding its conflicts of law rules, govern these Terms of Use and your use of the Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but if the applicable arbitration rules or laws require Zggly to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then Zggly will have the right to elect to pay the fees and costs and proceed to arbitration or to decline to do so and have the matter resolved through the courts. The prevailing party will be entitled to costs, reasonable attorneys’ fees, which may by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

If you do not want to arbitrate disputes with Zggly and you are an individual, you may opt out of this arbitration agreement by sending a letter to 1607 Capitol Ave, Suite 322, Cheyenne, WY 82001-4525 USA within thirty (30) days of the first of the date you access or use the services.

1. Notice. You hereby acknowledge and agree that you provided to us the email address, physical address, and telephone numbers that are in our records, and it is your responsibility to provide us with any current or updated contact information. You further acknowledge and agree that: (i) any email message that we send to you is deemed to have been effectively received by you and constitutes due notice to you by email; and (ii) any phone message we leave with you, anyone answering your phone, or on your answering machine or service is effectively received by you and constitutes due notice to you by telephone.

2. Replace Shipper. In the event of any strike, disruption of service, or any other problems that we might encounter with Shipper, we reserve the right in our discretion to replace Shipper with another shipping carrier.

3. Export Laws. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Zggly hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

4. U.S. Government Restricted Rights. The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

5. United Nations Convention. You and Zggly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use.

6. Dept. of Consumer Affairs. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

7. Termination. If you breach any of the terms of these Terms of Use, all licenses granted by Zggly, including permission to use the Services, will terminate automatically. Additionally, Zggly may suspend, disable, or delete your User Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Zggly deletes your User Account for any suspected breach of these Terms of Use by you, you are prohibited from re-registering for the Services under a different name. In the event of User Account deletion for any reason, Zggly may, but is not obligated to, delete any of Your Content. Zggly shall not be responsible for the deletion of (or failure to delete) Your Content. All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Zggly or you. Termination will not limit any of Zggly’s other rights or remedies at law or in equity.

8. Waiver. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.

9. Partial Invalidity. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired.

10. Modifications. We may modify these Terms of Use at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the top of these Terms of Use. If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the Website. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use. If you do not agree with the modifications to the Terms of Use, then please do not access or use the Services.

11. Independent Contractors. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose.

12. Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms of Use by any authority.

13. Headings and Captions. Headings and captions are inserted for reference and convenience only and in no way define, limit or describe the scope of these Terms of Use or intent of any provision.

14. Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to Zggly for which monetary damages would not be an adequate remedy and Zggly shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

15. Force Majeure. Neither Zggly nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: epidemic, fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

16. Assignment. You may not assign or transfer these Terms of Use, in whole or in part, without Zggly’s express prior written consent. Any attempt to assign these Terms of Use, without such consent, will be void. Subject to the foregoing, these Terms of Use will bind and benefit the parties and their respective accessors and assigns.

17. Ambiguities. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

18. Entire Agreement. These Terms of Use sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

19. Contact Us. You may contact us regarding the Services or these Terms of Use at: 1607 Capitol Ave, Suite 322, Cheyenne, WY 82001-4525 USA or by email at [email protected].

20. Copyright Notice. All Site design, graphics, text selections, arrangement and all software are Copyright © 2020 Zggly.com, Inc. ALL RIGHTS RESERVED.

21. Right to Refuse Service. Zggly reserves the right to refuse sale or service to anyone at anytime for any reason or without reason. Company has the right (though, not the obligation) to, in its sole discretion, determine whether or not any content, materials or information posted or transmitted by you using the Site or Customer Account, and the like, is appropriate and complies with the terms and conditions of this Agreement and to refuse or remove any such content, materials or information that, in its reasonable opinion, violates any of terms or conditions of this Agreement, or is any way deemed harmful, inappropriate or objectionable. Company further reserves the right to make edits, revisions or changes to the manner of any content, materials or information posted, transmitted or displayed on the Site or Customer Account, and the like at anytime for any reason without notice.

Zggly makes no claims, or representations to any products or listing ownership unless specified otherwise. Products being offered may contain stock images, 3rd party content from vendors, suppliers, dealers, sellers, etc, open source details and content from other online resources etc. Representations of inventory listed or offered on Zggly is potential inventory that may be available on the market, or available by our preferred vendor network or private sellers. We do not make any claims that products are in stock, on-hand, or immediately available to be shipped or delivered unless confirmed otherwise by an authorized Zggly representative. We do not guarantee any of the products for sale, the ownership of the products listed, or listing content. We cannot promise or guarantee the accuracy of any listing.

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Zggly Services (the "Zggly Software").

Use of the Zggly Software. You may use Zggly Software solely for purposes of enabling you to use the Zggly Services as provided by Zggly, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Zggly Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Zggly Software in whole or in part. All software used in any Zggly Service is the property of Zggly or its software suppliers and is protected by United States and international copyright laws.

Zggly accepts service of subpoenas or other legal process only through Zggly's national registered agent, Registered Agents Inc (RAI). Subpoenas or other legal process may be served by sending them to CSC at the following address:

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Written claims concerning copyright infringement must include the following information: