1. Our Services
The Services provide a platform for travel inspiration, planning, and lead generation, including access to travel guides, user-generated content, verified listings of travel and vacation-related services across various industries like but not limited to (e.g., hotels, short-term rentals, restaurants, cruises, theme parks), advertising opportunities for businesses (including ZG Billboard advertisements for 7-day or 14-day non-recurring periods), promotional services (e.g., social media promotions, content creation, portfolio optimization), and an affiliate program (ZG Partner Affiliate Program). We offer subscription plans (monthly, annual, or lifetime) and optional paid upgrades for enhanced access or listing features.
We generate leads for businesses, currently provided at no cost, but may offer paid lead packages in the future. We do not process payments for scheduling activities (e.g., bookings, reservations, tickets, or appointments); we drive traffic to business owners who handle their own transactions. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, including US export control laws (e.g., sanctions administered by the Office of Foreign Assets Control), or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. By using the Services, you consent to the transfer and processing of your data in the United States, even if you access the Services from a region with differing data protection laws.
2. Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purposes only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES“ section below, we grant you a non-exclusive, non-transferable, revocable, license to:
- access the Services, and
- download or print a copy of any portion of the Content to which you have properly gained access.
Solely for your personal, non-commercial use or internal business purposes.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@zimplyglobal.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will be terminated immediately.
Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please refer to the “COPYRIGHT INFRINGEMENTS” section below.
3. User Representations
By using the Services, you represent and warrant that: (1) all registration information you submit, including for subscriptions, affiliate program participation, or ZG Business Listing Portfolios, will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not under 13 years of age, and if between 13 and 17, you have verifiable parental consent to use the Services under the supervision of a parent or guardian (contact Zimply Global Ventures LLC at 4725 West Ginger Ave, Coolidge, AZ 85128, United States, or contact@zimplyglobal.com for consent verification); (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation, including providing false documentation for affiliate or listing approvals.
If you provide any information that is untrue, inaccurate, not current, or incomplete, including documentation verifying authority to create ZG Business Listing Portfolios, we have the right to suspend or terminate your account, reject your affiliate or listing application, and refuse any and all current or future use of the Services (or any portion thereof).
4. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Products and Digital Services
We offer digital services, including premium subscriptions, ZG Business Listing Portfolio upgrades, ZG Billboard advertisements (7-day or 14-day non-recurring), social media promotional services, content creation for portfolios, and portfolio optimization (free or paid options). We plan to offer physical products through an e-commerce store in the future. We make every effort to display as accurately as possible the colors, features, specifications, and details of the products and services available on the Services. However, we do not guarantee that the colors, features, specifications, and details will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of physical products. All products and services are subject to availability, and we cannot guarantee that items will be in stock or accessible. We reserve the right to discontinue any products or services at any time for any reason. Prices for all products and services are subject to change.
6. Purchases and Payments
We accept the following forms of payment for subscriptions, ZG Business Listing Portfolio upgrades, ZG Billboard advertisements, promotional services, and future e-commerce purchases:
- PayPal
- Stripe
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Prices displayed for subscriptions, portfolio upgrades, ZG Billboards, and promotional services include all applicable taxes and fees. For future e-commerce physical products, shipping and handling fees will be disclosed separately at the time of purchase. All payments are processed in US dollars, but international users may pay in their local currency through PayPal or Stripe, subject to potential currency conversion fees charged by their payment provider. We are not responsible for such third-party fees.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. 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, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
We do not process payments for scheduling activities (e.g., bookings, reservations, tickets, or appointments); such transactions are handled directly by business owners receiving leads from our Services.
7. Subscriptions
Billing and Renewal
We offer monthly, annual, and lifetime subscription plans for enhanced access to the Services, as well as optional paid upgrades for ZG Business Listing Portfolios. You may choose to enable or disable auto-recurring payments for monthly or annual subscriptions at the time of purchase via the subscription form. If enabled, your subscription will continue and automatically renew unless canceled. Lifetime subscriptions are a one-time payment with no renewal. You consent to our charging your payment method on a recurring basis (if enabled) without requiring your prior approval for each recurring charge, until such time as you cancel the applicable subscription. The length of your billing cycle depends on your choice of monthly or annual billing options.
Cancellation
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term for monthly or annual plans; lifetime subscriptions are non-cancelable. If you have any questions or are unsatisfied with our Services, please email us at contact@zimplyglobal.com.
Fee Changes
We may, from time to time, make changes to the subscription fees and will communicate any price changes to you at least 30 days in advance via email or a prominent notice on the Services, in accordance with applicable law. Active subscribers at their current rate will be grandfathered and not subject to fee changes unless their subscription is interrupted, canceled, or misses a payment.
8. Zimply Global’s Return and Refunds Policy
All subscription sales (monthly, annual, or lifetime), ZG Business Listing Portfolio upgrades, ZG Billboard advertisements, and promotional services are final and non-refundable, except as required by applicable law (e.g., consumer protection laws in certain jurisdictions). These services carry no guarantee of specific results or outcomes. For future e-commerce products, only defective physical products will be eligible for refunds, as disclosed at the time of purchase in accordance with FTC guidelines. If you believe a purchase qualifies for a refund under applicable law, please contact us at contact@zimplyglobal.com.
9. Software
We may include software for use in connection with our Services, if such software is accompanied by an end user license agreement (“EULA“), the terms of the EULA will govern your use of the software. If such software is not accompanied by an EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable, license to use such software in connection with our services and in accordance with these Legal Terms. Any software and any documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
10. Zimply Global (ZG) Partner Affiliate Program
The Zimply Global Partner Affiliate Program allows approved participants to earn commissions by promoting the Services. Participation is free but subject to our approval, which requires submission of true, accurate, and complete information. We reserve the right to reject or terminate participation if you provide false or incomplete information or violate these Legal Terms. Affiliates earn a 20% commission on qualifying sales (net cart total after coupons) generated through their unique tracking links, with a 577-day cookie duration for registration and a 1,577-day commission eligibility period from the point of registration. In the future, we may introduce a two-tier affiliate system, allowing affiliates to earn a 4% commission on sales generated by recruited affiliates, subject to a separate Affiliate Program Policy (available at https://zimplyglobal.com/affiliate-policy).
Affiliate payouts are subject to a 46-day hold to protect against fraud and chargebacks and are processed bi-monthly on the 7th and 21st of each month, with a minimum payout threshold of $59. After 90 days, any amount (even $0.01) will be paid out. Payouts are made via PayPal, Stripe, or, in some cases, GCash, depending on the affiliate’s location and preference, subject to any applicable transaction or currency conversion fees charged by these providers, for which we are not responsible. We do not charge additional fees for payouts. You are responsible for ensuring your promotional activities comply with applicable laws, including FTC guidelines on disclosures (e.g., clearly stating your affiliate relationship). We provide tracking tools but are not liable for technical issues affecting tracking accuracy. Affiliates may not use the Services to promote competing platforms or engage in prohibited activities (see Section 12).
11. Zimply Global Business Pages
Authorized business owners may create ZG Business Listing Portfolios to showcase travel and vacation-related services across various industries, including but not limited to hotels, short-term rentals, restaurants, cruises, and theme parks. To create a portfolio, you must submit documentation verifying your authority to represent the business or service, such as ownership records or management agreements. We reserve the right to reject or remove listings if documentation is incomplete, inaccurate, or fraudulent. Some portfolios offer optional paid upgrades (e.g., monthly subscriptions) for enhanced visibility or features. We drive traffic to these portfolios, as well as to third-party platforms, social media, websites, or payment gateways, either for free or as a paid upsell. You are responsible for ensuring your listings display total prices, including mandatory fees (e.g., resort or service fees), as required by FTC guidelines, and clearly disclose any excluded costs (e.g., taxes, optional add-ons) before customers proceed to third-party platforms. We do not process payments for scheduling activities (e.g., bookings, reservations, tickets, or appointments); transactions are handled directly by business owners.
12. Prohibited Activities
You may not access or use the Services for any purpose other than for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile.
- Use the Services to advertise or offer to sell goods and services without prior approval.
- No user, registered user, or registered listing entity shall sell any product, service, or advertise without prior approval.
- Provide false or misleading information in affiliate program applications or listing portfolio documentation.
- Share travel advice or content promoting illegal activities, such as travel to restricted areas or destinations under US sanctions.
13. User Generated Contributions
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “ Contributions ”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:
Long-Form Contributions are subject to special terms. By submitting a Long-Form Contribution (as defined in Section 2), you agree to assign and transfer to Zimply Global Ventures LLC all rights, title, and interest in and to the Long-Form Contribution, including full copyright ownership. This assignment is irrevocable and perpetual. We will always provide authorship credit by displaying your name or username as the author. You agree not to republish the complete article elsewhere. Excerpts (up to 300 words) with a prominent link back to the Zimply Global version are permitted and encouraged. This assignment helps prevent duplicate content issues and maximizes the visibility and ranking of your story on our platform.
When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Content created by us (e.g., for Zimply Global Business Listing Pages or promotional services) cannot be removed once published, but you may request to stop future content creation before it is published by contacting us at contact@zimplyglobal.com. We may remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
14. Contribution License
By posting your Contributions to any part of the Services (or making Contributions accessible to the Services by linking your account to any of your social networking accounts), you automatically grant—and you represent and warrant that you have the right to grant—the following rights to Zimply Global Ventures LLC:
Standard Contributions (all Contributions except Long-Form Contributions as defined in Section 2): You grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. This license applies to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal or commercial images you provide. You retain full ownership of these Standard Contributions and are free to use, republish, or share them anywhere else without restriction from us.
Long-Form Contributions (as defined in Section 2): You assign and transfer to Zimply Global Ventures LLC all rights, title, and interest in and to the Long-Form Contribution, including full copyright ownership. This assignment is irrevocable and perpetual. This includes an unrestricted, unlimited, irrevocable, perpetual, transferable, royalty-free, fully-paid, worldwide right to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute the full content for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate it into other works, and to grant and authorize sublicenses of the foregoing. This assignment applies to any form, media, or technology now known or hereafter developed. We will always provide authorship credit by prominently displaying your name or username as the author. You agree not to republish the complete article on any other platform or website. Short excerpts (up to 300 words) with a prominent link back to the Zimply Global version are permitted and encouraged.
You waive all moral rights in your Contributions to the extent permissible by applicable law, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
15. Guidelines for Reviews
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
16. Social Media
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Account may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services.
You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device, tablet, or computer solely for purposes of identifying and informing you of those contacts who have registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
17. Third-Party Websites and Content
The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from Third-Party Content or any contact with Third-Party Websites.
18. Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
19. Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
20. Zimply Global’s Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: https://zimplyglobal.com/privacy-policy and, for users in the European Union or European Economic Area, our GDPR Policy: https://zimplyglobal.com/gdpr-policy.
By using the Services, you agree to be bound by our Privacy Policy and GDPR Policy (if applicable), which are incorporated into these Legal Terms. Our Privacy Policy details how we collect, use, and disclose your data, including obtaining your consent, your rights to access, correct, delete, and port your data, and opt-out mechanisms for data sharing or targeted advertising. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
In accordance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect personal information from children under 13 without verifiable parental consent. If you are a parent or guardian and believe we have collected such information, please contact Zimply Global Ventures LLC at 4725 West Ginger Ave, Coolidge, AZ 85128, United States, or contact@zimplyglobal.com.
21. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to federal law (17 U.S.C. § 512), you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first consulting with an attorney.
Notifications must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g., URL or specific description).
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
22. Term and Termination
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
23. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will review these Legal Terms at least annually and notify you of material changes via email or a prominent notice on the Services at least 30 days before they take effect. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, including due to events beyond our control (e.g., natural disasters, pandemics, strikes, or technical failures). We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
24. Governing Law
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be entirely performed within the State of Arizona, without regard to its conflict of law principles.
25. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA Rules or applicable law, the arbitration will take place in Pinal County, Arizona. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Pinal County, Arizona, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
26. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
27. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE ARE NOT RESPONSIBLE FOR TRAVEL-RELATED ISSUES, INCLUDING BUT NOT LIMITED TO ITINERARY CHANGES, VISA DENIALS, HEALTH OR SAFETY RISKS, OR LOSSES DUE TO THIRD-PARTY SCHEDULING (E.G., BOOKINGS, RESERVATIONS, TICKETS, OR APPOINTMENTS). ALL TRAVEL RECOMMENDATIONS AND LISTINGS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT GUARANTEED. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
28. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $250.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
29. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
30. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Our data retention policies are detailed in our Privacy Policy (https://zimplyglobal.com/privacy-policy).
Through certain forms on the Services, you may choose to share personal information (e.g., name, phone number, email address, number of people, or other details) with businesses to facilitate leads or inquiries. This information is provided directly to the business, which may retain it in accordance with their own privacy policies. You may request that businesses delete or manage your information, or opt out of data sharing via our Privacy Policy opt-out mechanisms, including a “Do Not Sell or Share My Personal Information” link for California residents (see Section 35). We are not responsible for their data handling practices outside our platform. We do not share your information with third parties unless you explicitly choose to provide it through these forms.
31. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
32. SMS Text Messaging
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP”. You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at contact@zimplyglobal.com.
33. Accessibility
We strive to make our Services accessible to all users in accordance with applicable accessibility laws, including the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG).
For more information, please review our Accessibility Statement at https://zimplyglobal.com/accessibility-statement. If you encounter any accessibility issues, please contact us at contact@zimplyglobal.com.
34. Global Compliance
The Services are available globally, including in the United States, Philippines, and other countries. Users are responsible for complying with all applicable local laws in their jurisdiction. For users in the European Union or European Economic Area, our GDPR Policy (https://zimplyglobal.com/gdpr-policy) outlines your rights and our obligations regarding data protection, including consent, data subject rights, and international data transfers. For users in other jurisdictions (e.g., Brazil’s LGPD, Canada’s PIPEDA, Japan’s APPI, Australia’s Privacy Act, South Korea’s PIPA, or US state laws like Virginia’s CDPA, Colorado’s CPA, Connecticut’s CTDPA, Utah’s UCPA, and Delaware’s DPDPA), our Privacy Policy (https://zimplyglobal.com/privacy-policy) details your rights to access, correct, delete, and port your data, as well as opt-out mechanisms for data sharing or targeted advertising. If you access the Services from other jurisdictions with specific data protection or consumer laws, you acknowledge that you are responsible for understanding and complying with those laws, and we will comply with applicable requirements as outlined in our Privacy Policy and GDPR Policy.
35. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. Under the California Consumer Privacy Act (CCPA), California residents have the right to opt out of the sale or sharing of their personal information. You may exercise this right via our “Do Not Sell or Share My Personal Information” link, as detailed in our Privacy Policy (https://zimplyglobal.com/privacy-policy).
36. Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us, superseding any prior agreements. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision, unless such waiver is in writing and signed by us. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
37. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: