Effective as of July 12, 2016
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and zoomX. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. zoomX may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
zoomX may amend the Terms related to the Services from time to time. Amendments will be effective upon zoomX's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Services form a technology platform that coordinates the transfer of selected individuals between users and third parties.
YOU AGREE THAT ZOOMX HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE USER'S SAFETY OR THE SAFETY OF ANY USER COMPANION, OR THE SAFETY OF THE PERSON THAT YOU MAY INTEND TO PICK UP ON A THIRD PARTY'S PREMISES. THE SERVICES ARE MERELY A METHOD TO COORDINATE TRANSFERS WITH A THIRD PARTY. ZOOMX DOES NOT ACCEPT ANY LIABILITY FOR THE ACTIONS OF A THIRD PARTY.
Subject to your compliance with these Terms and in return for your payment of the specified fee to use the Services (the Subscription Fee ), zoomX grants you the right to: (i) access and use the Services on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by zoomX .
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by zoomX; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services and all rights therein are and shall remain zoomX's property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the subscription to use provided above; (ii) to use or reference in any manner zoomX's company names, logos, product and service names, trademarks or services marks, or (iii) to anonymous aggregated data.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ( Account ). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to zoomX certain personal information, such as your name; mobile phone number and email address Our Services are not directed toward minors, and as such no one under 18 (and certainly no children under 13) is allowed to register with or use the Services. For the purposes of a parent or guardian driver contacting their child to be picked up, we may enable an adult to allow their children to access the Services for the limited purposes of connecting with such adult. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or zoomX's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by zoomX in writing, you may only possess one Account.
Subject to the above qualifications in Clause A, the Service is not available for use by persons under the age of 18 and you may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. In certain instances zoomX may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. zoomX does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand zoomX may charge for the use of the Services on a monthly, quarterly, annual and/or transactional basis ( Charges ). All Charges are due immediately and payment of the applicable Charges will be made using the preferred payment method designated in your Account, and zoomX will send you a receipt by email. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by zoomX. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that zoomX may use a secondary payment method in your Account, if available.
zoomX reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in zoomX's sole discretion. zoomX will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. zoomX may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. ZOOMX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, ZOOMX MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES , OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
ZOOMX SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF ZOOMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZOOMX SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY , EVEN IF ZOOMX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZOOMX SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ZOOMX'S REASONABLE CONTROL. IN NO EVENT SHALL ZOOMX'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
You agree to indemnify and hold zoomX and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services; or (ii) your breach or violation of any of these Terms.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, Disputes ) will be settled by binding arbitration between you and zoomX, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and zoomX are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and zoomX otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association ( AAA ) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the AAA Rules ) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at WWW.ADR.ORG/ARB_MED or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.
The Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
You may not assign these Terms without zoomX's prior written approval. zoomX may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of zoomX's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, zoomX as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by zoomX in writing.