Last modified on January 12, 2020
This Agreement governs your use of zipTitan’s services and the use of this Site (collectively the “Services”). The Services include:
To use the Services, you need compatible hardware, software (latest version recommended and sometimes required), and Internet access (fees may apply).
In the event that you subscribe to zipTitan ad placing services, for best results, zipTitan recommends a monthly minimum ad spend of between $250.00 and $400.00. zipTitan makes no promise or guarantee of lead volume, quality, or lead conversion rates. Ads are designed to run continually for the length of the contract, and leads that are generated are exclusive to the client.
You understand that prior to zipTitan providing the Services you shall be required to pay to enter into a subscription plan. If applicable, you will also be responsible for funding an advertising budget.
There are various subscription plans (collectively the “Subscription Plan”). Your specific subscription plan is listed on your invoice. By starting your Subscription Plan, you authorize us to charge fees per the terms of your Subscription Plan, and any other charges you may incur in connection with your use of the Services. You will be automatically charged each month on a pre-paid basis for your ongoing use of the Services. All the Subscription Plan fees are nonrefundable.
The cost of each Subscription Plan is set forth in your Agreement. Once you select a Subscription Plan, the cost of that Subscription Plan is guaranteed for the duration of your initial Subscription Plan only and does not extend to any renewals. Except as provided herein, Subscription Plan prices may change at any time with or without notice.
Our system estimates a number of leads to be delivered within the time frame of your subscription. This estimation is generated by our ad providers (namely Google Inc. and Facebook Inc.) by taking into account their own algorithms, past performance, and trends. An estimation is not a guarantee, zipTitan is not responsible for the performance of your zip code(s), and poor or no performance is not a reason for partial or full refunds. zipTitan reserves the right to offer alternative options to better serve its customers.
If you intend to dispute any charge related to any of the Services, you must contact zipTitan in writing atsupport@ziptitan.com or submit a ticket from your zipTitan account within thirty days after the disputed charge is first incurred. You waive any disputes not reported within thirty days of the disputed charge.
You may be billed fees, charges, and assessments related to late or non-payments if for any reason:
YOU WILL BE ASSESSED A LATE FEE OF 10% PER MONTH(or the maximum amount permissible by law if such amount is less than 10% per month) for any payment amount that has not been paid in full after ten (10) days from the due date.
zipTitan does not anticipate that you will fail to pay for the Services on a timely basis, and we do not extend credit to our customers. Any fees, charges, and assessments occasioned by your late payment or nonpayment will be considered liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments because we cannot know in advance:
In the event that zipTitan receives a chargeback from a third-party payment provider on your behalf, zipTitan may assess you with a$50.00 processing fee for each individual chargeback.
If we use a collection agency or attorney to collect money owed to us by you, you agree to pay the reasonable costs and fees associated with such a collection. These include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees, and arbitration or court costs.
If you fail to pay the full amount due for any or all of the Services, zipTitan may, at its sole discretion and in accordance with applicable law, suspend any or all of the Services.
You understand and agree that zipTitan uses your advertising budget, fewer zipTitan’s service fee, to contract with certain third-party providers to place internet advertising (the “Ad Budget”) on your behalf. Your Ad Budget is paid in advance and will be charged monthly at the commencement of your billing cycle.
You may amend or cancel your Ad Budget at any time by notifying zipTitan in writing atsupport@ziptitan.com (the “Ad Budget Notice”). The amendment or cancellation will be effective in the billing cycle immediately after you provide the foregoing written Ad Budget Notice to zipTitan.
At zipTitan’s sole discretion, you may be entitled to a pro-rated partial refund of any unused portion of your advertising budgetif technical problems caused by zipTitan, as determined in zipTitan’s sole reasonable discretion, prevent or unreasonably delay delivery of the Services.
Unless you cancel your Subscription Plan in writing atsupport@ziptitan.com or submit a ticket from your zipTitan account, not more than thirty days and not less than ten days prior to your current Subscription Plan’s expiration date, your Subscription Plan will automatically be renewed as a month-to-month Subscription Plan.
Using the Services requires a zipTitan account (the “Account”). The Account is the account you use across zipTitan’s ecosystem. Your account is valuable, and you are responsible for maintaining its confidentiality and security. zipTitan is not responsible for any losses arising from the unauthorized use of your Account. Please contact zipTitan if you suspect that your Account has been compromised.
Your use of the Services is subject to zipTitan’s Privacy Policy, which is available athttps://www.ziptitan.com/privacy-policy.
Your use of the Services and this Site must follow the rules set forth in this Agreement, including but not limited to this section (the “Usage Rules”). Any other use of the Services and/or this Site is a material breach of this Agreement. zipTitan may monitor your use of the Services and Site to ensure your compliance with this Agreement and the Usage Rules.
zipTitan’s delivery of the Services does not transfer any rights to you and does not constitute a grant or waiver of any of zipTitan’s rights in intellectual property except as specifically set forth herein.
We have the right, at our sole discretion, to remove any content posted on our Site or through the Services for any reason. We are not responsible for any delay in or failure to remove such content.
Subject to applicable law, we have the right to change the Services and the Subscription Plan rates at any time, with or without notice. If we do give you notice, it may be provided to you on your monthly statement, by email, or other communication permitted under applicable law. If you find a change in the Services unacceptable, you have the right to cancel your Subscription Plan and, notwithstanding anything else in this Agreement, you may be entitled to a pro-rata refund. However, if you continue to receive the Services after the change, this will constitute your acceptance of the change.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with this Agreement. Using the Services does not give you ownership of any data or intellectual property rights in the Services, the Site, or the content you access. Do not remove, obscure, or alter any legal notices displayed in or along the Services or the Site.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit in any way the software and services that make up the Services or the Site other than as expressly authorized herein. You will indemnify zipTitan for any claims by third parties of infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your interaction with this Site.
The licenses granted by zipTitan, and your access to the Services and Site are expressly predicated on your compliance with this Agreement and immediately terminate upon your material violation of this Agreement.
This Site may contain links to other sites that are not owned or controlled by zipTitan. Please be aware that we are not responsible for the privacy practices of such other sites. Our Privacy Policy applies only to information collected by zipTitan through this Site.
Certain services made available via the Services are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Services, you hereby acknowledge and consent that zipTitan may share such information and data with any third party with whom zipTitan has a contractual relationship to provide the requested product, service, or functionality on behalf of the Services users and customers.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES PERFORMED OR PROVIDED ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND zipTitan HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY zipTitan OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL zipTitan BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE AND THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF zipTitan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL zipTitan’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend and hold harmless zipTitan, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your violation of this Agreement, use of or inability to use the Services, any user postings made by you, violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.
zipTitan reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with zipTitan in asserting and proving any available defenses.
This Agreement and the relationship between you and zipTitan shall be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You and zipTitan agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Miami-Dade, Florida, to resolve any disputes or claims arising from this Agreement.
Should any dispute arise under this Agreement or otherwise related to the Services, you must first participate in at least four hours of non-binding mediation before a professional recognized by the National Academy of Distinguished Neutrals as a Member of the Academy and located in Miami-Dade County, Florida (“ADR Professional”).
Should the dispute remain outstanding after mediation, prior to initiating litigation you must submit to mandatory non-binding arbitration before an ADR Professional. Absolutely no lawsuits may be initiated until after both of the foregoing mediation and arbitration protocols are completed.
There shall be no right or authority for any claims to be arbitrated or litigated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public, other users of the Site or the Services, or other persons similarly situated.
You acknowledge and agree that you are under no obligation to use this Site or the Services if you are not willing to waive class action rights, and you expressly agree to this waiver.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and zipTitan as a result of this agreement or your use of the Services or the Site. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Except as otherwise set forth herein, this Agreement constitutes the entire and only agreement between you and zipTitan with respect to the Services and the Site and supersedes all other communications and agreements with respect to the subject matter thereof.
Visiting this Site or sending emails to zipTitan constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
In the event materials are made available to this Site by third parties, not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a third party’s copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
Support TeamThe following provisions apply to users who interact with zipTitan outside the United States: