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Privacy Policy & Terms and Conditions

ZING BARS

Effective Date: June 8th, 2020

1. OUR COMMITMENT TO PERSONAL PRIVACY

This Policy reflects Zing Bars’ commitment to protecting information we learn from each visitor to a company owned or operated general audience web site or other online services in which the company participates.  Zing Bars owned and operated web sites include www.zingbars.com and vip.zingbars.com. Zing Bars participates in online services such as social media platforms, including:

Facebook: https://www.facebook.com/zingbars

Twitter: https://twitter.com/zingbars

Instagram: http://instagram.com/zingbars

LinkedIn: https://www.linkedin.com/company/zing-nutrition-bars/

The above list of company web sites and online services is not intended to be an exhaustive list and may change from time to time.  Please review the privacy policies linked to each web site, social media platform and online activity you may visit or participate.

BY USING A COMPANY OWNED OR OPERATED WEB SITE OR ONLINE SERVICE, YOU CONSENT TO THE MANNER AND PURPOSE OF COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION, AS DESCRIBED IN THIS PRIVACY POLICY.

IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT PROCEED TO USE A COMPANY OWNED OR OPERATED WEB SITE OR ONLINE SERVICE.  THANK YOU.

2. THIS SITE NOT INTENDED FOR USE BY MINORS

Zing Bars does not collect or maintain information from visitors known to be under the age of 13, and no part of our web sites or online services is structured to attract anyone under the age 13.   If you have reason to suspect that we have collected personal information from any visitor known to be under the age of 13, please contact us (see Section 22) so that we can review the matter and take appropriate action.

3. PERSONAL INFORMATION: WHAT WE COLLECT, WHEN YOU GIVE IT TO US

Personal information collected from a visitor on our websites or online services may include:

first and/or last name

birth date

e-mail address

home or mailing address

phone numbers

credit/debit card information

bank account

login name

password

photograph

the user ID that you use on a social network or third-party service

Zing Bars will treat any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a visitor or a visitor’s household, as "Personal Information.”

The submission of Personal Information is purely voluntary but may be a necessary step for registering or participating in certain activities and promotions offered or made available. 

By providing Personal Information, the visitor consents to the collection, processing and use of the Personal Information by Zing Bars, as stated in this privacy policy.

4. AUTOMATIC DATA COLLECTION TECHNOLOGIES (“PERSISTENT IDENTIFIERS”)

Our web sites and online services use automatic data collection technologies (“persistent identifiers”) including but not limited to "cookies" and “web beacons” to collect certain information about visitor equipment, browsing actions and website usage.

Cookies are small files placed on the hard drive of your computer, which may collect:

a customer number,

an IP address (a Uniform Resource Locator or “URL”),

a processor or device serial number,

a unique identifier that might be used to recognize a user’s online activities over time and across different web sites or online services (behavioral tracking), including but not limited the type of operating system and software the visitor is using to browse the Internet, the "URL" (web address) that the visitor visited before and after our site and the visitor's Internet Service Provider; and

geolocation data of the visitor which may be sufficient to identify a street name and name of city or town.

Web beacons are small, transparent graphic images (such as clear GIFs, pixel tags and single-pixel GIFs) placed on website pages and advertisements for use in combination with cookies to collect website statistics, for example, to count the number of visitors to a page, to determine the popularity of website content, to determine visitor interest in website content, to identify visitors when they return to a website or online service, to store information about visitor preferences, and to verify system and server integrity.

Many internet browsers or devices may allow you to block and/or remove cookies, but you may not be able to use some features or participate in some activities or offers if you block cookies.

A. THIRD PARTY USE OF AUTOMATIC DATA COLLECTION TECHNOLOGIES

Some content, features, advertisements and applications on the company websites or online services are served by or linked to third parties, including advertisers, ad networks and servers, content providers and application providers (including mobile and social media applications). These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about visitors to our websites and online services. The information they collect may be associated with Personal Information (as authorized by a visitor) or they may collect information, including Personal Information (as authorized by the visitor), about your online activities over time and across different websites and other online services. They may use this information to provide visitors with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

B. CALIFORNIA DO-NOT-TRACK DISCLOSURES

Zing Bars uses the information collected through automated data collection technologies (alone or in conjunction with Personal Information) to make the company websites and related online services more useful and more personal to visitors and their individual interests.  Therefore, we do not respond to “do not track” requests.

Visitors may refuse to accept browser cookies by activating the appropriate setting on the visitor’s Internet browser or by using third party do not track technologies. However, if visitors refuse, disable or delete cookies from our websites or related online services (including mobile applications), certain parts or features of our company websites or online services may be inaccessible or not functional. 

Unless a visitor has adjusted his or her Internet browser setting so that it will refuse cookies or the visitor uses third party technology to refuse, disable or delete cookies or other automated data collection technologies, your use of Zing Bars websites or online services constitutes consent to the use of automated data collection technologies in connection with company sites and related online services.

5.USE OF PERSONAL INFORMATION

Zing Bars and its affiliates use Personal Information only to the extent necessary:

For internal business purposes, including maintaining business records;

For online order fulfillment services;

To maintain and improve the performance or functionality of online services;

To prevent fraud or harm;

To enforce contracts;

To communicate to visitors and customers about products, services, customer support, questions and concerns, preferences, events, and special offers and promotions;

For registration, notification and publicity of participants and winners in promotions and contests;

To comply with valid legal requirements; and/or

In connection with business transactions involving the ownership or assets of the Company.

Zing Bars will share Personal Information with affiliates, agents and third-party service providers for the purposes described above.  It is the policy of Zing Bars to require that all affiliates, agents and third-party service providers use Personal Information in accordance with this Privacy Policy and to not further collect, sell or transfer Personal Information except as necessary to perform a business purpose on behalf of Zing Bars in accordance with this Privacy Policy.

Personal Information will not be sold, rented, disclosed, disseminated, made available, transferred or otherwise communicated to another business or third party for monetary consideration or other valuable consideration for advertising and marketing purposes without prior consent or request from the visitor.

Personal Information may be complied alone or with other information (“Aggregated Data”).  The Aggregated Data does not identify you personally.  Zing Bars may use and share Aggregated Data with its affiliates, agents and business partners for analysis and research to better understand customer preferences, demographics, behavior, and use of the online services.  The Aggregated Data may also be used to describe the Company’s business and services to prospective business partners and for other lawful purposes.

6. REVIEW, CORRECTION AND REMOVAL OF PERSONAL INFORMATION

A visitor may review, correct and/or delete Personal Information by e-mail request to privacyrequests@zingbars.com. Visitors may also opt out of receiving communications from us about offers, contests, promotions, activities or new products by advising us by e-mail request to privacyrequests@zingbars.com or through available opt-out features.  If Personal Information is deleted or consent to the use of Personal Information is revoked, a visitor's participation in activities requiring the use of Personal Information may be restricted or terminated.

A visitor acknowledges and agrees that even if Zing Bars receives a request to delete information, Zing Bars reserves the right, alone and with third parties, to maintain Personal Information to the extent necessary to perform a lawful business purposes, including:

auditing transactions;

performing services on behalf of the business to fulfill contracts with customers;

detecting security incidents, and/or protect against malicious, deceptive, fraudulent, or illegal activity,

debugging to identify and repair errors that impair existing intended functionality;

exercise lawfully protected free speech,

comply with the California Electronic Communications Privacy Act or other applicable federal, state, or local laws.

conduct scientific, historical, or statistical research, and/or

conduct internal business operations.

7. CALIFORNIA PRIVACY RIGHTS: THE “SHINE THE LIGHT” LAW

Any visitor who is a resident of California has the right under California’s “Shine the Light” law (Civil Code Section 1798.83) to require Zing Bars to disclose, upon the visitor’s request, the following information:  (1) the types of Personal Information the company shared with third parties for their direct marketing purposes during the immediate preceding calendar year; and (2) the identities of the companies with which the company shared the Personal Information.  As set forth in Section 4 of this Privacy Policy, Zing Bars will not share a visitor’s Personal Information with a third party for its own direct marketing purposes without prior authorization or request from the visitor.

California resident visitors should send their requests for information under the Shine the Light law to privacyrequests@zingbars.com with the subject line “Attention Legal Department: Shine the Light Request,” or write us at: Attention Legal Department: Shine the Light Request, Zing Bars, 600 1st Ave Suite#200D, Seattle, WA 98104. Please include sufficient contact information for Zing Bars to contact you in response to your request.

8. CALIFORNIA PRIVACY RIGHTS FOR MINOR USERS: THE “MINOR ERASER” LAW

Any visitor who is under the age of 18 has the right under California’s “Minor Eraser” law (California Business and Professions Code 22581) to view, correct, or remove content posted by the visitor as a registered user of the site.   A visitor may view, correct or remove content by accessing the registered account using the visitor’s user name and password.  A visitor may also send Zing Bars a request to remove certain posted content at privacyrequests@zingbars.com with the subject line “Attention Legal Department: Minor Eraser Request,” or write us at: Attention Legal Department: Minor Eraser Request, Zing Bars, 600 1st AVE Suite #200D, Seattle, WA 981014.  Please include enough information to identify the content to be removed and sufficient contact information for Zing Bars to contact you in response to your request.

9. CALIFORNIA CONSUMER PRIVACY RIGHTS

California residents have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge, the following rights:

Disclosure of Personal Information We Collect About You –

You have the right know:

The categories of personal information we have collected about you;

The categories of sources from which the personal information is collected;

Our business or commercial purpose for collecting or selling personal information;

The categories of third parties with whom we share personal information, if any; and

The specific pieces of personal information we have collected about you.

Please note that we are not required to:

Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;

Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or

Provide the personal information to you more than twice in a 12-month period.

Please note that we are required to update the information required to be disclosed under the CCPA at least once every 12 months.

Personal Information Sold or Used for a Business Purpose –

In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:

The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and

The categories of personal information that we disclosed about you for a business purpose.

You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale (or disclosure) of your personal information. If you exercise your right to opt-out of the sale (or disclosure) of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale or disclosure of your personal information, visit our homepage and click on the Do Not Sell My Personal Information link here: DO NOT SELL MY INFORMATION.

Please note that it is our policy not to sell any Personal Information for any business purpose.  Therefore, we have not sold to a third party any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Please note that it is our policy not to disclose any Personal Information for any business purpose except as described in this Privacy Policy.  Therefore, in the preceding 12-months, and except as expressly described in this Privacy Policy, we have not disclosed to a third party any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Right to Deletion—

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

Delete your personal information from our records; and

Direct any service providers to delete your personal information from their records.

Please note that we may not delete your personal information if it is necessary to:

Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

Debug to identify and repair errors that impair existing intended functionality;

Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

Comply with the California Electronic Communications Privacy Act;

Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

Comply with an existing legal obligation; or

Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Protection Against Discrimination—

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

Deny goods or services to you;

Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

Provide a different level or quality of goods or services to you; or

Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information.

To Exercise Your Rights under the CCPA—

If you would like to exercise any of your rights as described in this Privacy Policy, please make a “Data Subject Request” by:

Call us, toll-free, at the toll-free phone number provided below under Contact Us; or

Write us at the mailing address provided below under Contact Us; or

Email using the email address: privacyrequests@zingbars.com.

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

You will need to provide us with:

Enough information to identify you (e.g., your full name, address and customer or matter reference number);

Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and

A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

10. THIRD PARTY E-COMMERCE SERVICES

We may use third party platforms to host our online e-commerce stores that help us sell our merchandise online.  Our online e-commerce stores are currently hosted by Shopify, Inc. (“Shopify”). To learn how Shopify treats personal information/data learned through the provision of hosted services, visit Shopify’s Terms of Service and Privacy Statement.

11. VISITOR COMMENTS, SUBMISSIONS AND POSTINGS

Our web sites and the online services in which we participate may allow the ability to post comments, information about yourself and others, and to upload media content (for example. pictures, videos, artwork, etc.). Submissions to Zing Bars web sites are subject to the posted Terms of Service. Please be aware that any information you post to publicly viewable site and services can be accessed and use by others. We cannot control what others may do with information you voluntarily post, and once you post information you may not be able to edit or delete it. We urge you to use caution when posting any information online.

12. ONLINE SOCIAL MEDIA SERVICE

We participate in the use of third-party social media web sites and services such as Facebook, Linkedin, Twitter, and Instagram. The use of such web sites is subject to the Terms of Service of each respective web site or service. In addition, information that you submit through the use of social media sites and services is subject to the privacy policy of each site and service. Zing Bars has no control or responsibility for the security, privacy or use of information submitted to these sites or services that are unrelated to Zing Bars activities.  You should carefully review the terms and conditions, and privacy policy of any other site or service provider before using their site or service. Any information that we collect through the intermediary use of such sites or services, such as information submitted for contests or prizes, is subject to this Privacy Policy.

13. ACCESS FROM MOBILE DEVICES

Visitors using social media sites should be aware that information you submit on such sites may be accessed on mobile phones and other mobile devices that allow information to be synced and saved by friends and others. You should only share important or sensitive information with people you trust because they may be able to save and share it, knowingly or unknowingly, with others you do not intend the information to be shared with.

14. MOBILE DEVICE AND WIRELESS NETWORK SECURITY

Mobile devices such as cell phones and other devices using WiFi networks can have financial and other information intercepted during use. It is important to use only encrypted transmissions on secured WiFi networks when transmitting Personal Information. In addition, passwords and other login information should be stored in password protected files in case a mobile device is lost or stolen.

15. DATA SECURITY, INTEGRITY, AND DATA RETENTION

Zing Bars and its affiliates use appropriate physical, electronic, and managerial procedures to safeguard and protect Personal Information from unauthorized access, use, alteration and disclosure. We use Secure Socket Layer (SSL) encryption technology for the transmission of Personal Information. To take advantage of this technology, your browser software must support 128- bit encryption.

Zing Bars will retain your personal information for the period necessary to fulfill the purpose for which it was collected and as outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.  Zing Bars will delete Personal Information that is no longer useful or relevant to the Company’s business operations.

16. VISITOR'S RESPONSIBILITY

Visitors must also take precautions to prevent unauthorized access and use of Personal Information including but not limited to login names and passwords. For example, visitors should not disclose or allow others to use their personal passwords or other personal identification information used to access and/or conduct transactions on this site. Visitors are solely responsible for all results (claims, liabilities and damages of any kind) arising from or related to their disclosure of Personal Information to another person or entity, whether the disclosure was intentional or not. Visitors agree not to use anyone else's personal identification information without proper authorization.

17. VISITOR'S RISK AND LIMITATION OF COMPANY'S LIABILITY FOR FAILURE OF SECURITY MEASURES

Due to the nature of electronic communications and storage, the company’s security measures may not prevent all loss, misuse, theft or alteration of Personal Information collected from a site or online service. THEREFORE, THE VOLUNTARY SUBMISSION OF PERSONAL IDENTIFICATION INFORMATION VIA THIS SITE IS AT THE VISITOR'S SOLE RISK AND EXCEPT AS PROHIBITED BY LAW, EACH VISITOR AGREES THAT ZING BARS, IT’S AFFILIATES AND AGENTS SHALL NOT BE LIABLE FOR ANY FAILURE OF SECURITY MEASURES OR FOR ANY UNAUTHORIZED ACCESS, USE, DISTRIBUTION, ALTERATION OR THEFT OF PERSONAL INFORMATION ARISING FROM OR RELATED TO THE SUBMISSION OF PERSONAL INFORMATION VIA A COMPANY SITE OR ONLINE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZING BARS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO ANY FAILURE OF SECURITY MEASURES OR ANY UNAUTHORIZED ACCESS, USE, DISTRIBUTION, ALTERATION OR THEFT OF PERSONAL INFORMATION.

18. TERMINATION OR SUSPENSION OF ACCESS / PARTICIPATION

Zing Bars reserves the right to suspend or terminate access or participation in any and all transactions, promotions, contests or other activity offered or made available through a company site or online service in the event of a suspected or threatened breach of security or the terms of this Privacy Policy.

19. INTERNATIONAL TRANSFERS OF INFORMATION / DATA

If you are visiting a Zing Bars site or SERVICE from outside of the United States, please be aware that visitor’s Personal Information / DATA will be transferred to, and maintained on, computers located within the United States governed by U.S. laws.  By providing Personal Information / DATA, you consent to the collection, use, retention and any other processing of your personal information / data on computers located within the United States and outside the country of your residence or from which you accessed the company website or service.

22. EUROPEAN UNION AND EUROPEAN ECONOMIC AREA - GENERAL DATA PROTECTION REGULATION ("GDPR") COMPLIANCE

It is the policy of Zing Bars to comply with the General Data Protection Regulation (“GDPR”) as applicable and fully enforceable in all European Union (“EU”) Members States and the European Economic Area (“EEA”) Member States, when applicable to Zing Bars’ activities, alone or jointly with others, to control or process personal information/data of persons located in the EU/EEA (“Data Subjects”). In accordance with the GDPR, controllers and processors of certain personal information/data have a duty to provide Data Subjects with specific information and disclosures concerning how Zing Bars handles personal data and your data rights.

a. Identity of the Controller:

Zing Bars

ATTN: Consumer Privacy Request

600 1st Ave Suite #200D

Seattle, WA 98104

Telephone: 1 (877) 600-9402

Hours: 9 a.m. - 5 p.m. Pacific Time, Monday through Friday

Email: privacyrequests@zingbars.com

b. Purposes of the Processing of Personal Information / Data - Your Consent or Agreement

Your personal data is collected and processed in accordance with this Privacy Policy.  To the extent you provide us with your personal data to enroll in a service or promotion, you expressly consent to our collection, processing and use of your personal data to render the requested services or promotion to you.  If we collect personal data from you and indicate that such data is required for a given feature, function or service of the Sites, the basis for processing the personal data is either by your consent or contract.

c. Recipients of Categories of Personal Data

We provide personal data to our third-party service providers in accordance with this Privacy Policy.  Among such third-party service providers are marketplace service providers, web and data storage providers, payment card processors, and marketing services providers.

d. Data Transfers

Personal Information / Data provided to us resides in the United States.  If a transfer of your Personal Information / Data is required to be transmitted to a third country or international organization, the transfer shall be pursuant to appropriate and suitable safeguards, including execution of the Standard Contractual Clauses as approved by the European Commission.

e. Retention Schedule for Personal Data

We maintain the personal information/data that you provide for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

f. Data Rights

If you are an EU/EEA Data Subject, you have the following data rights:

A right to access the personal data we have for you;

A right to rectification of incorrect personal data;

A right to erasure of the personal data we have for you;

A right to restriction of processing concerning you;

A right to object to our processing of your personal data;

A right to data portability, that is, a copy of the data we have on you;

A right to withdraw consent at any time to our processing of such data subject’s personal data; and

A right to lodge a complaint with a supervisory authority.

You may exercise your GDPR data rights by contacting us, in writing, by telephone or email at the contact information provided above. We believe that we can resolve any concerns or you may have directly between us; however, under the GDPR you have the right to lodge a complaint with a supervisory authority in the EU or EEA state where you normally reside or work, or where any alleged infringement of your rights have occurred.

21. UPDATES AND MODIFICATIONS

Zing Bars reserves the right to change this Privacy Policy from time to time without prior notice. When we make changes to this Policy, the revised Policy will be posted to each site and we will revise the Effective Date at the top of the page. Please check back here periodically for changes.  Your access and use of a company site or online service indicates your acceptance of this Policy.

22. CONTACT US

Please address any questions or comments regarding this Privacy Policy or the security practices of Zing Bars and its business affiliates to:

Email: privacyrequests@zingbars.com

Mail:   Zing Bars

Attn:  Consumer Privacy

600 1st Ave Suite #200D

Seattle, WA 98104

Telephone: 1 (877) 600-9402

Hours: 9 a.m. - 5 p.m. Pacific Time, Monday through Friday


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Zing Sitewide Terms & Conditions

WEB SITE TERMS AND CONDITIONS OF USE – PLEASE READ CAREFULLY
Thank you for visiting Zing Bars. We hope you will enjoy our site. By accessing this Web Site you acknowledge and agree to the following Terms and Conditions.

COPYRIGHT, TRADEMARK, AND RELATED ISSUES
This site and its content belong exclusively to Zing Bars. The copyrights to the content of this site are either owned by Zing Bars or used with the permission of its owner. Any unauthorized, downloading, copying, distributing, publishing, modification, addition, alteration, display, sale, license or use of the content of this site, in whole or in part, is strictly prohibited. You may copy content from this site for non-commercial personal use or educational use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you. The trade names, trademarks, service marks, logos, characters and other designations of origin or affiliation (collectively “Trademarks”) displayed on ZingBars.com belong to Zing Bars or their respective owners. Nothing contained on this web site should be construed as granting or conveying any interest, license or right to use or own any Trademark used or displayed on this web site. Any unauthorized use/misuse of the Trademarks used or displayed on this web site, or any other content on this web site, in whole or in part, is strictly prohibited. Any communication, information or material (including but not limited to any suggestion, idea, concept, or data) that is submitted to Zing Bars at this site or by e-mail (“Submission”) is non-confidential and becomes the sole and exclusive property of Zing Bars. Zing Bars is free to use and reproduce any Submission without restriction for any purpose whatsoever, including but not limited to, developing, manufacturing, advertising, marketing and sale of products or merchandise. Any Submission is without payment or compensation to you or the submitting party. By making a Submission, you warrant that the Submission is not offensive, obscene or defamatory, and that Zing Bars’ use of the Submission (as submitted) will not violate any third party’s rights. Zing Bars is under no obligation to accept, respond to or use any Submission.

LINKING TO THIRD PARTY SITES
This web site may contain links to other web sites as a matter of convenience only and for no other purpose. The inclusion of a link to another site does not imply any endorsement of the site, its owner or operator, or any products or services. Zing Bars does not control other web sites and is not responsible for the content of or any links contained on any other web site Your linking to any other web site is entirely at your own risk. Under no circumstances will Zing Bars be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available on any other site. Please be mindful of this as you link to other sites.

LINKING TO THIS SITE
In general, Zing Bars does not object to links to this web site from third party sites. However, you (and all other linking parties) must abide by the following rules: You may link to this site using the plain text name of the site only. Link only to the home page of this site. Unless we have a duly authorized written agreement with you, you may not use any of Zing Bars’ trademarks, logos, slogans or other designations of source. Do not present the link to this site in any way that suggests Zing Bars has any relationship or affiliation with your site or endorses, sponsors or recommends the content, information, products or services on your site, unless you have a duly authorized written agreement with Zing Bars to do so. Do not, without Zing Bars’ advance written permission: (a) incorporate any content from this site into your site (e.g., by in-lining or framing); (b) use any Zing Bars names, trademarks, slogans, or any other words or codes identifying Zing Bars web sites in any “metatag,” source code or other information used by search engines or other information location tools to identify and select sites. Zing Bars will not agree to or tolerate links from any obscene, scandalous, profane, defamatory, unlawful site, or any site that may adversely affect the name, reputation and goodwill of Zing Bars and its products. Zing Bars reserves the right to cancel permission to link to this site at any time, for any reason.

DISCLAIMERS OF WARRANTIES
The access and use of this web site and its contents are at your own risk. Zing Bars does not warrant that the access, use, function or operation of this web site will be uninterrupted or error-free, that defects will not exist or be corrected, or that this Site or its servers will be free of viruses or other harmful elements. Zing Bars does not warrant that the information accessible on this site is accurate, complete, current or error free.

THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED “AS IS” AND ZING BARS MAKES NO REPRESENTATIONS OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SITE OR ITS CONTENTS, AND ZING BARS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.

LIMITATION OF LIABILITY
Neither Zing Bars nor its officers, directors, employees, shareholders or any other representative or party involved in creating, producing or delivering this web site will be liable for any damages, direct, indirect, special, incidental, consequential, punitive or otherwise, arising out of or in connection with the access or use of this web site. Zing Bars assumes no liability and shall not be liable for any damages of any kind, including without limitation loss of data, income or profit, loss of or damage to property and claims of third parties. You have the sole responsibility for adequately protecting your equipment used to connect to this site and you will not make any claim against Zing Bars for viruses that may infect, your computer equipment or other property on account your access or use of this web site.

JURISDICTIONAL ISSUES
The Zing Bars product and service offerings, promotions, materials, and information appearing on this web site are intended for customers located in the United States only. Zing Bars makes no representation that products, services, promotions, materials, offers, information and other content on this site are appropriate or available for use in locations outside the United States.

GOVERNING LAW
These Terms and Conditions will be governed and construed in accordance with the laws of the State of Washington, without regard to conflict of laws principles. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions will be brought only in a court of competent jurisdiction located in King County, Washington.

COMPLETE AGREEMENT
These Terms and Conditions represent the entire understanding relating to the access and use of this Site and its contents and prevail over any prior or contemporaneous, conflicting or additional, communications. Zing Bars may revise the content and information of this site, these Terms and Conditions, or any part thereof, without notice by updating this posting.

COPYRIGHT COMPLAINTS – “DMCA” NOTICE
If you believe that any content or material on the site infringes any copyright owned or controlled by you, please send written notice to our Designated Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA): Designated Agent for Receiving Notification of Claimed Infringement:
Service Provider: www.ZingBars.com
Name of Agent: Pat Remy
Full Address of Designated Agent to Whom Notification Should be Sent:
Pat Remy
Zing Bars
600 1
st Ave Suite #200D
Phone #: 1 (877) 600-9402
Email Address of Designated Agent: copyrights@zingbars.com
To be valid under the DMCA, your notice must be in writing and include the following information:
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 at a single online site is covered by a single notification, a representative list of such works at that site. 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 the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 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. This information is neither intended nor should not be construed as legal advice. For further details on the information required for valid notifications under the DMCA, see 17 U.S.C. 512(c)(3). UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT OR MATERIAL IS INFRINGING YOUR COPYRIGHTS, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, ANY COPYRIGHT OWNER, OR ANY COPYRIGHT OWNER”S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. This information is provided exclusively for notifying Zing Bars that content or material(s) on the site or transmitted via the site may be in violation of your copyright(s). Zing Bars does not respond to other inquiries using this process. See Contact Us below for all such other inquiries.

INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Zing Bars to terminate (at its sole discretion and without prior notice) users or members who are deemed or suspected by Zing Bars to be repeat infringers. Zing Bars may also at its sole discretion limit access to the site and/or terminate access and use by any user or member who infringes any intellectual property rights of others, whether or not there is any repeat infringement.