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.
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.
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.
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.
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 firstname.lastname@example.org . 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.
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.
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.
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.
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.
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.
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