TERMS AND CONDITIONS

ZOOMIT ONLINE STORE

INTRODUCTION

This zoomIT Online Store Terms and Conditions Agreement (the "Agreement") sets forth the terms and conditions of (the "Terms and Conditions") upon which we will sell you a product. In this Agreement, "you" and "your" mean the customer of the zoomIT Online Store, and "we", "our" and "us" mean the zoomIT Online Store and any affiliate authorized to sell you our products.

ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE ZOOMIT ONLINE STORE

By using the zoomIT Online Store, you are agreeing to be bound by all the Service Terms and Conditions contained in this Agreement. If you do not agree to these Service Terms and Conditions, you should not use the zoomIT Online Store. If you do not want to accept the Service Terms and Conditions, do not use the zoomIT Online Store.

You may not assign your rights or delegate any of your duties under this Agreement without our prior written consent, and any attempted assignment or delegation without such consent is void. Account balances are non-transferable between accounts or devices without our prior written consent, and any attempted transfer without such consent is void. We may assign all or part of the Agreement or your monies owed without notice to you.

CHANGES TO THE ZOOMIT ONLINE STORE INTERNET SERVICE TERMS AND CONDITIONS

We reserves the right, from time to time, with or without notice to you, and in our sole and absolute discretion, to change any part of the Terms and Conditions, including but not limited to, prices, how we calculate charges and discounts. The most current version of the Agreement can be reviewed by clicking on the "Terms and Conditions" link located at the zoomIT Online Store website (http://www.zoomitonline.com). The most current version of the Agreement will supersede all previous versions. Your use of the zoomIT Online Store after changes are made means that you agree to be bound by such changes.

RULES REGARDING CHARGES, AND PAYMENTS

You authorize us to charge your credit card as needed to pay for the purchase of products and services as they may be offered from time to time.

All purchases are final and non-refundable. You are responsible for providing accurate and maintaining up–to–date credit card information. A credit card chargeback does not release you from your responsibility to pay for products and services. You are responsible for any cost associated with credit card chargebacks. We reserve the right to cancel your order or refuse service on chargeback, suspected credit card fraud, or denied credit card payment.

USE OF YOUR CUSTOMER INFORMATION

When you agree to the Terms and Conditions, you also agree to the terms of our Privacy Policy (available at http://www.zoomitonline.com). This policy may change from time to time and includes important information on what data we collect about you, how we use this data and with whom we share that data.

ZOOMIT ONLINE STORE WEBSITE

You may use our website located at http://www.zoomitonline.com to make purchases and learn more about our products and services. Use of the our website is subject to the terms set forth in the Terms of Website Use and Privacy Policy, which are available on our website (http://www.zoomitonline.com). In order to provide you with ease of access to your account, we may place a cookie (a small text file) on any computer or mobile device from which you access the site. When you revisit the zoomIT Online Store website, this cookie will enable us to recognize you. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your purchase.

DISPUTE RESOLUTION

We and you each agree to contact each other first with any disputes. You must contact us with any dispute by visiting http://www.zoomitonline.com/contact and sending us an email to support@zoomitonline.com . Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided to us or by phone. We each agree to negotiate in good faith to resolve any dispute. If the dispute cannot be resolved in this manner, then it shall be resolved by arbitration as set forth in below, provided that we shall not elect to use arbitration for any Claim (defined below) that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the small claims court.

ARBITRATION
  1. Definitions. As used in this arbitration provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the zoomIT Online Store or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this arbitration provision. The term Claim includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. For purposes of this Agreement, the term Claim is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) the use of the zoomIT Online Store; and (iii) advertisements, promotions or oral or written statements related to the zoomIT Online Store, or any goods or services purchased.
  2. Initiation of Arbitration Proceeding/Selection of Administrator. With the exception of any dispute or any Claim pertaining to intellectual property rights, any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the Judicial Arbitration and Mediation Services ("JAMS"). If any Claim is asserted against a party that is not a party to this Agreement, such third-party shall be notified and given the option of participating in the arbitration. For a copy of the procedures, to file a Claim or for other information about JAMS, contact them at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com.
  3. Effect of Arbitration. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES AND PROCEDURES OF JAMS (THE "RULES"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
  4. Limits on Arbitration. If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other zoomIT Online Store users or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
  5. Location of Arbitration/Payment of Fees. Any arbitration hearing that you attend shall take place in San Diego County, California. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration. If and to the extent you incur filing, administrative and/or hearing fees in arbitration, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator determines that the fees were incurred without any substantial justification.
  6. Federal Arbitration Act. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the Rules, except that (to the extent enforceable under the FAA) this arbitration provision shall control if it is inconsistent with the Rules. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the Rules. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding.
NO TRIAL BY JURY

If for any reason, a claim proceeds in court rather than through arbitration, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.

LIMITATION OF LIABILITY

We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any Content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; or (3) any damages that result from any product or service provided by or manufactured by third parties. You acknowledge that no fiduciary relationship or other special relationship exists between you and us, by virtue of the Terms and Conditions or your use of the zoomIT Online Store.

WARRANTIES

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED HEREUNDER INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. THE ZOOMIT ONLINE STORE WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

INDEMNIFICATION

You agree to indemnify us, our affiliates, our business partners and their respective officers, agents, members, managers, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of the zoomIT Online Store, or use of our services by another person who uses your device and/or our services, whether based in contract or tort (including strict liability) and regardless of the form of action.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions.

ENTIRE AGREEMENT

This Agreement, as modified by any changes from time to time pursuant to Section 3, constitutes the complete and exclusive agreement between zoomMediaPlus and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, representations, understandings, or agreements not specifically incorporated herein.

Revised December 2015
 

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