This site is the property of ZOOMSTAND, LLC (“ZoomStand”). You must be at least 13 years of age to use this site. Your use of this site, and any information, services or products made available through this site (collectively the “Services”) is subject to your agreement to the terms and conditions set forth herein. By using this site, you agree to these terms and conditions. If you do not want to be bound by these terms and conditions, then do not proceed any further and do not access or use this site or any of the Services made available herein.
Use of this site is solely at ZOOMSTAND’s discretion, and ZOOMSTAND reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this site. You are not granted any rights in or to this site, any Services or any site related information, other than the limited right to use this site and the Services as we have authorized in accordance with the terms of this agreement and the policies and procedures that ZOOMSTAND may adopt and make available from time to time. ZOOMSTAND may terminate your access to this site at any time with or without cause and for any or no reason.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ZoomStand or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ZoomStand and protected by U.S. and international copyright laws. All software used on this site is the property of ZoomStand or its software suppliers and protected by United States and international copyright laws.
In addition, ZoomStand.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of ZoomStand in the U.S. and/or other countries. ZoomStand’s trademarks and trade dress may not be used in connection with any product or service that is not ZoomStand’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZoomStand. All other trademarks not owned by ZoomStand that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZoomStand.
License and Site Access
ZoomStand grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ZoomStand. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ZoomStand. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ZoomStand without express written consent. You may not use any meta tags or any other “zoomStand text” utilizing ZoomStand’s name or trademarks without the express written consent of ZoomStand. Any unauthorized use terminates the permission or license granted by ZoomStand. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ZoomStand.com so long as the link does not portray ZoomStand, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ZoomStand logo or other proprietary graphic or trademark as part of the link without express written permission.
This site contains information proprietary to ZOOMSTAND and its business partners and customers (“Information”) including but not limited to (i) the site’s look, feel and embodied know-how, ideas, concepts and images and (ii) information and data related to ZOOMSTAND, its business partners and its or their customers. You acknowledge that this Information may be treated as confidential by ZOOMSTAND, its business partners and customers and agree to take all reasonable measures to protect the confidentiality of the Information. United States copyright laws and international treaties also protect this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Our business partners or customers providing or using Information that is made available on this site, including yourself, are solely responsible for the accuracy and content of the Information supplied or used, and you agree not to supply any Information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal. You agree (i) not to retransmit, publicly display, sell or use the Information provided for unauthorized business purposes and (ii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, other than Information that you have supplied. You agree to comply with all applicable laws and regulations regarding your access to and use of the site and the Services.
In the event a product is listed on the site at an incorrect price or with incorrect information, ZOOMSTAND reserves the right to correct such information and price without liability and orders for such products will be revised to reflect the correct price or information. ZOOMSTAND reserves the right to reject any orders placed on the site with or without cause and for any reason or no reason.
ZOOMSTAND warrants to the original purchaser that products sold from this site shall be free from defects in material and workmanship for a warranty period of one (1) year from purchase. If buyer claims that a product violates such warranty, ZOOMSTAND, upon notice, will issue shipping instructions to buyer for return to ZOOMSTAND at buyer’s expense.
ZOOMSTAND sole obligation under its warranty shall be, at ZOOMSTAND’s option, to repair, replace or refund the price of any product that is proved to violate such warranty. This limited warranty shall not apply to any product not manufactured by ZOOMSTAND or any of ZOOMSTAND’s products or components thereof which have been repaired or altered by anyone or to any product or component thereof that has been subject to alteration, accident, misuse, abuse, or neglect.
This warranty is buyer’s sole and exclusive remedy and ZOOMSTAND hereby expressly disclaims, to the fullest extent allowable by applicable law, all other warranties, express or implied, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. In no event, whether based on contract, tort (including negligence), equity, indemnity, warranty, and strict liability or other theory, shall ZOOMSTAND be liable to the buyer for indirect, incidental, consequential, special, exemplary, punitive or other damages whatsoever including, without limitation, loss of profit or revenue.
The foregoing shall constitute the sole and exclusive remedy of the buyer and the sole and exclusive liability of ZOOMSTAND. Only the terms expressed in this limited warranty shall apply and no distributor, corporation or individual is authorized to amend, modify or extend this limited warranty in any way on resale.
Except as expressly stated herein, and to the fullest extent allowable by applicable law, ZOOMSTAND makes no representations or warranties, either express or implied, of any kind with respect to products sold on the ZOOMSTAND site. This site and any information, product, material or service obtained by you from this site, including, without limitation, the Services, are provided “as-is”, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade.
Limitation of Liability
You assume full responsibility and all risk of loss resulting from your use of this site and any information, products or Services sold on this site or received by you from your use of this site. Under no circumstances shall we, or any of our employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents or representatives be liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages, arising out of or relating in any way to this site and/or any materials contained on this site, any linked site or any product or service purchased through this site. Our total liability shall be limited to any amount paid by you to use this site or for the cost of products purchased by you from this site, and you hereby release us and our employees, affiliates, subsidiaries, suppliers, distributors, licensees, agents and representatives from any and all suits, obligations, damages, liabilities and claims, known or unknown, in excess of such limitation.
Any dispute or claim relating in any way to your visit to ZoomStand.com or to products or services sold or distributed by ZoomStand or through ZoomStand.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, please email [email protected] for more info. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By visiting ZoomStand.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ZoomStand.
This agreement constitutes the entire agreement between you and us. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way limits any section or provision herein. This agreement is not assignable by you except with our prior written consent. If any provision of this agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The site actively collects Personal Information from you when you register with the site, when you send any e-mail to the site administrator, and when you submit any information to the site. The kinds of Personal Information you may provide include, without limitation, your name, address, phone number, e-mail address, user ID, credit card information, and other information that you include in any communication or submission. We may use this Personal Information to register you with the site, open an account with the site, to process purchase orders that you place through the site, to respond to your inquiry or the issue you pose to the site administrator, to post your submissions to the site and to provide information to others regarding your use of the site. We may also use Personal Information to notify you about products and services that may be of interest to you. If you wish to subscribe to a newsletter that we may offer to you, we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we will provide you a way to unsubscribe. If you no longer wish to receive our newsletter and/or promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at [email protected]
The site may also passively collect certain kinds of information that reveal the frequency with which you visit the site, the times and dates of your visits, the pages you reviewed, your purchase history, products that your view, persons with whom you interact and other information. Information is collected through various means. We use Internet protocol (IP) addresses to administer the site. We use navigational data, including log files and transmission data, to identify information about your web browser and operating system, the time period in which you visit the site or a portion of the site and other the site members with whom you collaborate. We also may use a third-party tracking service that uses tracking technologies to track non-personally identifiable information about visitors to our site in the aggregate. This information is used to administer the site, report usage metrics and otherwise operate and improve the site content.
Like many Internet sites, this site may use small text files called “cookies” that are sent to the hard drive of your computer to store bits of information related to your use of the site. Cookies can store a variety of information, including IP addresses, navigational data, server information, data transfer times, user preferences, and passwords needed to access the site. The “Help” section of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have your browser notify you when you receive a new cookie, or how to configure your browser to reject cookies altogether. However, if you disable cookies, you might not be able to access important functions or features of the site and your use of the site may be limited.
The site combines passively collected information (as described above) with actively collected Personal Information and such information may be recorded as part of your profile. We do record and use personal information provided by you in order to process orders on the site and provide customer service. This can include name, address information, shipping information and contact information you enter in the shopping cart. This information is used in conjunction with processing, shipping and fulfilling purchase orders.
We may disclose Personal Information to third party service providers performing services on our behalf, including those hosting our servers and providing other technical support services. We also may use third parties such as a payment processor to bill you for products and a shipping company to ship your order. When you purchase a product, we will share your name, address, credit card details, and purchase amount as necessary for the third party to provide that service. Credit card information is transmitted over a secure encrypted connection to a payment processor and stored in a datacenter until the transaction is completed, at which point it is removed unless you have requested to store your credit card details securely at the processor for future transactions.
We also may disclose or transfer Personal Information (and any related information) as necessary or appropriate: to effectively process orders; to protect the security of the site; to protect ourselves and our affiliated companies against liability; to protect our customers; to respond to subpoenas, judicial processes, or legitimate requests by law enforcement officials; if we believe in good faith that the law requires it; to the purchaser in connection with any sale, assignment, or other transfer of all or a part of our business or company; or where we believe in good faith that it is in the interest of the health, safety or protection of any third party. In any of these situations, the recipient of the Personal Information may be located in the United States or another jurisdiction that may not provide an equivalent level of data protection to the laws in your home jurisdiction.
Links to Other Sites
This Web site may contain links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites or any third party sites, blogs, etc. This privacy statement applies only to information collected by this Web site.
Access to Personally Identifiable Information
The security of your personal information is important to us. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). However, it is important to note that transmissions over the Internet are never 100% secure or error-free. As a result, we do not, and cannot, guarantee the security, accuracy, or completeness of Personal Information. However, we do take efforts to maintain reasonable physical, electronic, and managerial procedures to protect Personal Information against unauthorized disclosure or access.
Changes in this Privacy Statement