Zinclusive Terms of Use

Last Updated: August 13, 2024

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS OR ANY ZINCLUSIVE WEBSITE AND/OR MOBILE APP. ANY USE OF THIS SITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THE SITE IMMEDIATELY.

NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS UNLESS YOU OPT OUT, AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Welcome to the Zinclusive, LLC, , its affiliates, assignees, designees, transferees and third-party service providers (collectively “Zinclusive”, “we”, “us”, or “our”) website (www.zinclusive.com) and/or mobile app (hereinafter collectively referred to as the “Site”). All use of the Site is subject to the terms and conditions contained in these Terms of Use. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agreed to be bound by the following Terms of Use and Zinclusive’s Privacy Policy (hereinafter collectively referred to as the “Terms”), the terms and conditions of which are hereby incorporated herein by reference. If you do not accept these Terms, you do not have our permission to and shall not access, browse, or use the Site.

We encourage you to check these Terms periodically, because we reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last updated. Any use of the Site thereafter shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, or otherwise using the Site.

THE SITE DOES NOT PROVIDE ANY FINANCIAL ADVICE OR OPINIONS. ALL MATERIALS ON THE SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. BECAUSE THE INFORMATION IS GENERAL IN NATURE AND MAY NOT PERTAIN TO YOUR SPECIFIC CIRCUMSTANCES, YOU SHOULD NOT ACT OR REFRAIN FROM ACTING BASED ON ANY INFORMATION WITHOUT FIRST OBTAINING ADVICE FROM RELEVANT PROFESSIONAL QUALIFIED IN THE APPLICABLE SUBJECT MATTER AND JURISDICTIONS.

Eligibility. You must be at least 18 years old or, if older, the age of majority in your jurisdiction to use the Site. By using the Site, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; and (c) your use of the Site is in compliance with any and all applicable laws and regulations.
Use of the Site.
1. Use. Subject to your complete and ongoing compliance with these Terms, Zinclusive grants you, solely for your personal use, limited, non-exclusive, non-transferable, non-sublicensable, revocable permission to access and use the Site.
2. Restriction on Use. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site or any Materials (as defined in Section 3); (b) make modifications to the Site or any Materials; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it.
3. Territorial Restrictions on Use. Zinclusive controls and operates the Site from the United States and makes no warranties or representations that the information or services provided through the Site are appropriate for access or use in other jurisdictions. You are not permitted to access or use the Site if it would be contrary to the laws or regulations of another jurisdiction. We reserve the right to limit, to any extent we deem necessary, the availability of the Site to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
4. Information You Submit. Do not submit any information or other materials that you consider confidential or proprietary through the Site. If you choose to provide input and suggestions regarding us, our products or services, or problems with or proposed modifications or improvements to the Site (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Zinclusive an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services. In addition, you understand that information you provide through this Site may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. Consent to Contact by Zinclusive. If you provide Zinclusive with your contact information, you consent to receiving follow-up communications, either via email or phone from Zinclusive regarding your interest in a particular product or service.
Ownership; Proprietary Rights. The Site is owned by Zinclusive. The visual interfaces, graphics, design, compilation, information, data, computer code, and all other elements of the Site (“Materials”) provided by Zinclusive are protected by intellectual property and other laws. As between us, all Materials included in the Site are the property of Zinclusive or its third-party licensors. Except as expressly authorized by Zinclusive, you may not make use of the Materials. Zinclusive reserves all rights to the Materials not granted expressly in these Terms.
Retention. You acknowledge and agree that Zinclusive may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Zinclusive, its users and the public.
Username and Passwords. Zinclusive restricts access to certain areas or features of the Site to users who have obtained a user identification and password by completing a registration process. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of the Site. You agree to notify us immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
Intellectual Property. All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Site are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Zinclusive or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Site, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Site does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Trademark. “Zinclusive” is the marketing name for certain financial services activities of Zinclusive as operator of the Site. Other featured words or symbols may be the trademarks of their respective owners.
Third Party Sites. The Site may contain links to third party websites. Linked websites are not under Zinclusive’s control and Zinclusive is not responsible for their content. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Prohibited Conduct. BY USING THE SITE, YOU AGREE NOT TO:
1. use the Site for any illegal purpose or in violation of any local, state, national, or international law;
2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
3. interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law; interfere with the operation of the Site or any user’s enjoyment of the Site, including by interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;
4. attempt to do any of the acts described in this Section 6 or assist or permit any person in engaging in any of the acts described in this Section 6.
Modification of These Terms. As stated above, we reserve the right to change these Terms on a going-forward basis at any time, including adding or deleting terms. Modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Correction of Errors and Inaccuracies. The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Site at any time without prior notice (including after you have registered for the Site and/or for a Zinclusive product or service). Please note that such errors, inaccuracies or omissions may relate to your ability to use the Site or any Zinclusive product or service. We apologize for any inconvenience this may cause you.
Term, Termination and Modification of the Site.
1. Term. These Terms are effective beginning when you accept the Terms or first access or use the Site and ending when terminated as described in Section 8.b (the “Term”).
2. Termination. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Zinclusive may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice.
3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Site and (b) Sections 2.c, 3, 9, 10, 11, and 12 will survive.
4. Modification of the Site. Zinclusive reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Zinclusive will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend and indemnify Zinclusive and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Zinclusive Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties. The Site and all Materials and content available through the Site are provided “as is” and on an “as available” basis. Zinclusive disclaims all warranties of any kind, whether express or implied, relating to the Site and all Materials and content available through the Site, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Zinclusive does not warrant that the Site or any portion of the Site, or any Materials or content offered through the Site, will be accurate, uninterrupted, secure, or free of errors, viruses, or other harmful components, and Zinclusive does not warrant that any of those issues will be corrected. No advice or information, whether oral or written, obtained by you from the Site or Zinclusive Entities or any Materials or content available through the Site will create any warranty regarding any of the Zinclusive Entities or the Site that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Site and your dealing with any other website user. You understand and agree that you use any portion of the Site at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the website) or any loss of data, including user content. The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. Zinclusive does not disclaim any warranty or other right that Zinclusive is prohibited from disclaiming under applicable law.
Limitation of Liability. To the fullest extent permitted by law, in no event will Zinclusive be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Site or any Materials or content on the Site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not Zinclusive has been informed of the possibility of damage. Your sole remedy for dissatisfaction with the Site is to stop using it.
Arbitration, Dispute Resolution, and Applicable Law RESOLUTION OF DISPUTES: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ZINCLUSIVE. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION, AS PROVIDED IN PARAGRAPH (i) BELOW.
1. In this Arbitration Section:
  1. “You” and “your” mean each individual entering into these Terms, as well as any person claiming through such individual;
  2. “We” and “us” means Zinclusive and each of its respective parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as the officers, directors, and employees of each of them;
  3. “Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Terms or the relationship between us and you (including claims arising prior to or after the date of the Term, and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class), and includes claims that are brought as counterclaims, cross claims, third party claims or otherwise, as well as disputes about the validity or enforceability of this Terms or the validity or enforceability of this Arbitration Section. However, “Claim” shall not include any claim, dispute or controversy that, as a matter of applicable law or public policy may not be arbitrated.
2. Any Claim shall be resolved, upon the election of either us or you, by binding arbitration administered by the American Arbitration Association (“AAA”) or Judicial Arbitration and Mediation Services (“JAMS”), unless neither of them is available, in which case a party may initiate arbitration with a different arbitration administrator. The arbitration will be conducted according to the applicable arbitration rules of the administrator in effect at the time a Claim is filed (“Rules”). Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. If you file a claim, you may choose the administrator; if we file a claim, we may choose the administrator. You can obtain the Rules and other information about initiating arbitration by contacting the AAA through www.adr.org; or by contacting JAMS through www.jamsadr.com. The address for serving any arbitration demand or claim on us is Zinclusive, 3100 W Ray Rd., Suite 201, Chandler, AZ 85226. Attention: Legal Department.
3. Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years’ experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.
4. The administrator’s Rules will determine who pays filing costs and administrative fees, unless those rules conflict with applicable law. Each party shall be responsible for its own attorney, expert, witness, and other fees, unless awarded by the arbitrator under applicable law.
5. Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as you and we may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. Â§ 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. Any appropriate court may enter judgment upon the arbitrator’s award. The arbitrator’s decision will be final and binding except that any party may exercise any appeal right under the FAA and applicable law.
6. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN OUR INDIVIDUAL CAPACITY, AND THAT NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS) OR AS A CLAIM FOR A PUBLIC INJUNCTION, EVEN IF ASSERTED ON THAT BASIS IN COURT.
  
  We each agree to waive any right to arbitrate a class action and act as a class representative or class member. Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, except that claims brought by joint applicants or co-borrowers relating to the same credit transaction shall be consolidated. The arbitrator shall have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other borrowers, or other persons similarly situated. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this paragraph (f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable.
7. If any portion of this Arbitration Section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this section. However, if paragraph f. of this Arbitration Section is deemed invalid or unenforceable in whole or in part, then this entire Arbitration Section shall be deemed invalid and unenforceable, unless paragraph (f) may be rendered enforceable by allowing all or part of the class, representative or collective claim to be brought in court. The terms of this Arbitration Section will prevail if there is any conflict between the Rules and this section.
8. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS AND ARBITRATION SECTION, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH (e) OR UNDER THE FEDERAL ARBITRATION ACT).
9. You and we acknowledge and agree that the arbitration agreement set forth in this Arbitration Section is made pursuant to a transaction involving interstate commerce, and thus the Federal Arbitration Act shall govern the interpretation and enforcement of this Arbitration Section. This Arbitration Section shall survive the termination of this Agreement.
10. This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, the laws of the State of Wyoming, without regard to its conflict of laws rules. You agree that you will notify Zinclusive in writing of any claim or dispute concerning or relating to the Website and the information or services provided through it and give Zinclusive a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Zinclusive.
Miscellaneous
1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Zinclusive regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
2. Additional Terms. Your use of the Site is subject to all additional terms, policies, rules or guidelines applicable to the Site or certain features of the Site that we may post or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
3. Consent to Electronic Communications. If you provide your contact information through the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  
  Participating Carriers disclosure: AT&T, T-Mobile, Metro PCS, Verizon Wireless,
  US Cellular, Google Voice, Cellular One, Cellcom, Cellular South, Interop, Clearsky
  Carrier Liability: Carriers do not guarantee that alerts will be delivered and will
  not be liable for delayed or undelivered messages.
4. Contact Information. The Site is offered by Zinclusive located at 3100 W Ray Rd., Suite 201, Chandler, AZ 85226. You may contact us by sending correspondence to that address or by emailing us at privacy@zinclusive.com.