These are the Zoomus.com Terms of Use ("Terms"), which were last updated on January 3, 2012.

 

Your use of the Zoomus.com website ("Website") and utilizing a deal offered through this Website are conditioned upon your acceptance of these Terms.

 

We may revise these Terms at any time by updating this web-page and notifying you by posting a notice on the main page of the Website, by emailing the email address associated with your account, or otherwise. You should check the Website from time to time to review these Terms, because they are binding on you. Any revisions to these Terms will not apply to Deals purchased prior to the effective date of such revisions. These changes will be effective immediately for users. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website. Your use of the Website after we update the terms indicates that you accept the revised terms.

 

Information about us

 

Zoomus.com is operated by Zoomus, LLC., which is a limited liability company located in the State of New Jersey, located 1099 Wall Street West, Suite 100, Lyndhurst, New Jersey 07071.

 

Purchasing Zoomus Deals

 

We identify offers, which are referred to in these Terms as "Deals", that various merchants of goods and services ("Merchants") are interested in providing to customers.

 

Zoomus offers Deals through our Website. These Deals do not require an upfront purchase from Zoomus, LLC, but you must register with us, as detailed below. Just print the Deal out and bring to participating merchant.

 

All Deals are available for use only for a limited time. They may be limited in quantity. All Deals are transferrable (before they expire, if applicable) unless the Deal terms state otherwise.

 

We are not the supplier of the goods and/or services under the Deal. These will be supplied by the Merchant, upon whose behalf we offer the Deals to you, and who is responsible for redeeming the Deal which you have printed. The Merchant has agreed with us that it will redeem the Deals offered to you through this site.

 

Each Deal is subject to the terms and conditions and can be withdrawn at any time as listed on the website page, and any other conditions identified in the Deal comments section by Zoomus or the Merchant ("Deal Specific Terms"). In the event of a conflict between these Terms and the Deal Specific Terms, the Deal Specific Terms will govern.

 

Your status

 

By using our site, you confirm that you are legally capable of entering into binding contracts, and are at least 18 years old.

 

Your Relationship with the Merchant

 

The Merchant is the provider of the goods and/or services under the Deal and shall be responsible for ensuring the Deal and the goods and/or services provided there under comply with all applicable laws. The Merchant assumes all liability for the performance of the services or the provision of the goods identified on the Deals.

 

Our Obligations

 

Zoomus obligations under this Agreement are solely to offer Deals from participating merchants. Zoomus is not the seller of the goods and/or services which are the subject of the Deal. The Merchant is solely responsible for supplying such goods and/or services and redeeming the Deals in accordance with its terms.

We will disclose your customer information related to the Deals that you have requested to the Merchant to allow the Merchant to satisfy the terms of the Deal.

 

Disclaimers

 

ZOOMUS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE DEAL MADE AVAILABLE ON THE WEBSITE, AND ANY GOODS OR SERVICES SUPPLIED IN RELATION TO IT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. NEITHER ZOOMUS NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN RELATION TO CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, TAX MATTERS OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE OR LOSS, ARISING FROM OR RELATING TO THE PROVISION OF ALL OR ANY GOODS OR SERVICES SOLD OR AGREED TO BE SUPPLIED PURSUANT TO THE DEAL. WITHOUT LIMITING THE FOREGOING, ZOOMUS WILL NOT BE LIABLE SHOULD THE PRODUCT OR SERVICE CAUSE PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND.

 

License

 

You may share the content on our site with your friends by using the sharing tools provided expressly for that purpose.

 

You are permitted to print and download extracts from the Website for your own use on the following basis:

 

• No documents or related graphics on the Website are modified in any way;
• No graphics on the Website are used separately from the corresponding text; and
• Our copyright and trademark notices appear in all copies.

 

Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by our licensors or us. Any use of extracts from the Website other than in accordance with these Terms for any purpose is prohibited.

 

Subject to these Terms, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

 

Any rights not expressly granted in these terms are reserved.

 

Service access

 

While we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period of time. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

 

Visitor conduct

 

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

 

You are prohibited from posting or transmitting to or from the Website, or using in communications with us or any Merchant, any material:

 

• That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
• For which you have not obtained all necessary licenses and/or approvals; or
• Which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
• Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

 

You may not misuse, hack, vandalize, penetrate the security of, or hijack the Website, attempt to do any of the foregoing, or aid any other person with any of the foregoing.

 

We shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these Terms.

 

Links to and from other websites

 

Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. We do not give any representation or warranty that products or services you purchase from third party sellers or from companies to whose website we have provided a link on our site will be of satisfactory quality or otherwise meet your expectations in any way. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

 

Registration and Communications

 

Before utilizing a Deal, you must open an account with us and complete the registration process. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

 

When you register with us, you consent to receiving information about other Deals that may be of interest to you, to receiving promotional communications from us regarding our services (including but not limited to contests and discount offers), and to receiving other communications from us regarding your account. Such information will be sent by email or by another form of electronic communication, and may also be communicated by conventional mail. You may opt out of receiving information about other Deals at any time by clicking on the "unsubscribe" link in such messages, where applicable, or by contacting our customer service department at 866-671-0400. You may not opt out of receiving communications from us where such communications are personal to you or your account, or which are reasonably required for us to provide you with the services you have expressly asked us to provide.

 

Our liability

 

WE ARE NOT RESPONSIBLE FOR DIRECT AND/OR INDIRECT LOSSES WHICH HAPPEN AS A SIDE EFFECT OF THE LOSS OR DAMAGE AND EVEN IF SUCH LOSSES RESULT FROM A DELIBERATE BREACH OF THESE TERMS BY US THAT WOULD ENTITLE YOU TO TERMINATE THE CONTRACT BETWEEN US, INCLUDING BUT NOT LIMITED TO: LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA,OR, WASTE OF MANAGEMENT OR OFFICE TIME HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS.

 

Rules of Conduct

 

While on our Website, you must not:

• Submit or provide to us any false or misleading information about you or in association with your account;
• Attempt to access data or parts of the Website not intended for you, or hack or tamper with any part of the Website, or otherwise interfere with the proper functioning of the Website;
• Register multiple accounts, or use multiple accounts to circumvent any limits placed on your conduct or a Deal, such as exceeding the volume limits for a Deal;
• Collect user or merchant information for any commercial purpose, such as marketing;
• Commit any criminal or quasi-criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or that is economic in nature;
• Copy or aggregate any content from this Website for any purpose other than expressly permitted by these Terms, or deep-link to any deal content on this site without our express permission;
• Defame, abuse, harass, stalk, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral, statutory, common law or intellectual property rights of any other person;
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our computer systems or those of any user;
• Delete or alter any author attributions, trade-marks, trade-names, logos, legal notices or proprietary designations or labels in any file that is uploaded or downloaded;
• Falsify the origin or source of software, information or other material contained in a file that is uploaded or downloaded;
• Advertise, solicit or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters;
• Download any file posted by another user of our Website that you know, or reasonably should know, cannot be legally distributed in such manner; or
• Engage in any conduct that encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct set out above.

 

Suspension and termination

 

We will determine, in our discretion, whether there has been a breach of these Terms through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate, which may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site;
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
• Issuance of a warning to you;
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• Further legal action against you; and
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

 

Law and jurisdiction

 

If you choose to visit Zoomus.com's website or use our products or services, any dispute over privacy is subject to this Privacy Policy or such other dispute arising from use of our website shall be governed by the laws of the State of New Jersey.

The parties acknowledge that they have required these Terms and all related documents and websites to be prepared in the English language.

 

Where to direct questions:

 

If you have any questions about these Terms, you may contact:

Customer Service
Zoomus, LLC
1099 Wall Street West, Suite 100
Lyndhurst, New Jersey 07071

866-671-0400