Terms & Conditions

Last updated on February 22, 2012

READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCTS, SERVICES OR APPLICATIONS PROVIDED ON THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, STOP ACCESSING OR USING THIS SITE OR THE SERVICES IMMEDIATELY. YOUR CLICKING ON THE BUTTON MARKED “I ACCEPT” OR YOUR CONTINUED USE OF THE SERVICES OR ACCESS OF THE SITE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS, AS THEY MAY BE UPDATED OR AMENDED FROM TIME TO TIME.

This Agreement is between you (“user”) and ZOMM, LLC (including its parent, subsidiaries or affiliates) (“Company”, “us” or “we”), a Delaware limited liability company with its principal place of business in Tulsa, Oklahoma. Company owns and operates the website with its home page located at www.zomm.com (“Site”), and certain applications, products or services made available on the Site (collectively, “Services”). You certify to us that you, if an individual, are at least 13 years of age, are legally permitted to access and use the Site and Services, and take full responsibility for such use and access. If this Agreement is void or prohibited by the laws of any jurisdiction, your right to access or use the Site and Services is revoked in such jurisdiction.

  1. Right To Use The Services. Subject to the terms and conditions of this Agreement, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable and limited right to use the Services for your own non-commercial use. We reserve all rights that are not expressly granted to you herein. We may impose restrictions on any features or services or limit users' access to parts or all of the Services in our sole discretion and with or without notice to you. We may change, suspend or discontinue any of the Services, including the availability of any feature, database, or content, at any time, with or without notice, or liability, to you. If you are between the age of 13 and 18, your parent or legal guardian must consent to your use of our Services and agree to the terms of this Agreement.

  2. User Account and Information. To use the Services, you may be required to create a user account with us and to provide certain personal information, which may include, but is not limited to, your Company account number, name, mailing address, telephone number, Social Security Number, phone number, credit card account information, checking or savings account information, medical information, age, birth date, e-mail address or other sensitive information. We refer to this information as “Personal Information.” You shall submit true, accurate, complete and updated Personal Information. You are solely responsible for maintaining the confidentiality of your Personal Information, user ID, password and other account information, and for all activities that occurred under your account or user ID. We reserve the right to verify user information and may refuse the registration of or suspend or cancel a user account for any reason in our sole discretion without notice to you. We may limit your right to claim or register certain user names or screen names if we believe appropriate. In order to provide you with Services we offer, or to complete transactions or requests you initiate through the Site, we may utilize outside services provided by third party operators to perform functions for us. The third party operators will have access to some of your Personal Information in order to render such services. We will also provide as part of our rendering the Services your Personal Information to certain third parties, including, but not limited to, emergency agencies, police departments, fire departments and PSC's.

  3. User Obligations And Use Restrictions. Content or materials posted or stored on the Site may be protected by copyright, with or without copyright notice. You may not copy, use or exploit any such content or material in any manner that infringes upon or violates the rights of the Company or a third party. You may not use the Services in connection with any illegal activity (such as a pyramid scheme or a violation of another person's privacy right). You may not use the Services to violate or breach the security of any computer network, crack passwords or encryption codes, or to transfer, display or store false or illegal materials including those that are deemed discriminatory, defamatory, threatening, obscene or otherwise inappropriate as determined by Company in its sole discretion. You may not transfer your account to any third party or use the Services for any commercial solicitation purposes. You may not create more than one user account or create a user account for the purpose of defrauding the Company. You may not harvest, solicit or otherwise collect any personal information about other users, including, but not limited to, email addresses, without their consent. You may not use any robot, spider, scraper or other automated means to access our Site for any purpose without Company's express written permission. You may not take any action that imposes or may impose, in Company's sole discretion, an unreasonably or disproportionately large load on Company's infrastructure. You may not use the Services to operate server programs, including, but not limited to, mail servers, IRC servers, ftp servers or Web servers. You may not use any technology, method or device to maintain a constant connection with the Services. You may not interfere or attempt to interfere with the proper working of the Services or any other activities conducted on the Site. You may not bypass or circumvent any measures we may use to prevent or restrict access to the Services. You may not attempt to reverse engineer or otherwise derive the source code of our applications or any part thereof. You may not upload or transmit any virus, worm, Trojan horse, or other malicious code onto our Site or systems.

    You may not, without Company's express written permission, (a) link to any page other than the home page of the Site, (b) link to any part of the Site through the use of frames, inline links or any other similar technology whereby the content will be displayed without leaving the linking Web site, (c) use any image, logo, content or other's trademark as part of a link, or (d) create any link implying, intentionally or unintentionally, that an endorsement, sponsorship or affiliation with Company exists when that is not the case.

  4. User Representations and Warranties. You hereby represent and warrant (a) that you have read and agree to our Privacy Policy; (b) that you are at least 18 years old, and if you are between the age of 13 and 18, you represent that your parent or legal guardian has consented to your use of our Services and agreed to the terms of this Agreement; (c) that all of your activities on the Site or in connection with the Services are lawful, consistent with all of Company's rules and policies including this Agreement, and do not violate Company's or any third party's right; (d) that none of the information or materials that you provided to us on the Site is false or misleading, or otherwise illegal or infringes upon or violates any right of the Company or a third party; (e) that you will not distribute (knowingly or unknowingly) any form of viruses, worms, malicious code or technologies that may injure or adversely affect the functionality of the Site, the Services, or the properties or interests of the Company or a third party; (f) that you will not commit any form of fraud through your use of the Services on the Company or on a third party or create a different user account to avoid adverse action by Company; and (g) that you will not copy, modify, distribute, use or otherwise exploit any content, material, software codes, or technology from the Site or materials made available to you as a result of your access to the Site or Services without express authorization of the Company or the rightful owners of the copyright, trademark, patent or any other intellectual property right therein.

  5. Service Availability. You acknowledge that the Services are provided to you through, and are reliant upon, various modes of communication including telephone, electronic mail, and internet provider systems and services. Neither party will be liable for delay in performing or failure to perform any of its obligations under this Agreement which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, war, acts of terrorism, civil unrest, government action, strikes, lock-outs, power outages, extreme adverse weather, or acts of God.

  6. Fees And Payments. Company may charge you a fee for certain Services. You hereby agree to pay all applicable fees as described on the Site which may be amended from time to time without notice to you, and authorize Company to automatically charge or debit your User account or any other valid payment method account on file for any and all fees incurred by you in using the Site or Services without providing further notice to you, including, but not limited to, any fees charged by a third party for any accidental calls to any emergency agency. Unless you cancel your subscription for any Service, all recurring fees for those Services will be automatically charged to your valid payment method account without notice to you. Your use of the Services following any changes to the applicable fees constitutes your acceptance of the changes. You acknowledge that the Company is not liable for any error, fraud, identity theft, or other problems or disputes you may have with regard to credit card processing or online payment processing. You are responsible for paying all applicable taxes associated with your use of the Site or Services in a timely manner.

  7. User Content and Information. You grant us a non-exclusive, transferable, sub-licensable (through multiple levels), royalty-free, worldwide license to use any content that you provide to us or post on the Site. We always appreciate your feedback or suggestions about our Site and Services, and you understand and agree that if you provide such feedback or suggestions, we may use them without any liabilities or obligations to you. In addition, please read our Privacy Policy for our practices regarding collection and use of your Personal Information, which policy is incorporated by reference into this Agreement.

  8. Suspension and Termination. Company may, immediately if it so chooses, and in its sole and absolute discretion, suspend or terminate your user account and/or deny or restrict your access to the Site or Services at any time for any reason, including, without limitation, actual or potential violation of any provision of this Agreement, or for no reason at all without notice to you. In addition to the foregoing, the Company may, at its sole discretion, limit your activities on or access to the Site or Services and/or issue a warning to other users of your actions. You may also delete or terminate your account with us at any time.

  9. Disclaimers. Company has no special relationship with or fiduciary duty to any user. You use the Site and Services at your own risk. Company makes no representations whatsoever concerning, and shall not be responsible or liable for, the accuracy, completeness, copyright compliance, legality or appropriateness of the Site or Services. Furthermore, Company does not warrant that the Site, the Services, or any of the content or information communicated to you through the Site or Services is free from errors, defects, viruses or other harmful components. Company is not responsible for, and makes no guarantee of, the performance or action of any user of the Site or Services.

    Other than those expressly stated in our privacy policy, we have no duty of confidentiality with regard to your Personal Information you submitted to us, and you acknowledge that such information or content is provided by you for the purpose of disclosure in and through a variety of media and channels and is not subject to any confidentiality obligations on our part.

    We will use reasonable efforts to maintain the security and integrity of certain information you provided, but we cannot guarantee that unauthorized access to or alteration of your information will never occur and you agree that we are not responsible for unauthorized access to or alteration of the transmissions, data, or material posted on or transmitted through the Site or Services. You understand and agree that we are not responsible or liable for any unauthorized disclosure, access or alteration of your information or content.

  10. Disclaimer of Warranties and Limitation On Liabilities. THE SITE, ANY PRODUCT LISTED ON THE SITE AND THE SERVICES, AND ANY CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED THEREFROM, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SITE, ANY PRODUCT LISTED ON THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SITE OR SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, COMPANY'S NEGLIGENCE. THE COMPANY DOES NOT PROMISE THAT THE SITE, ANY PRODUCT LISTED ON THE SITE OR ANY SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE OR ANY SERVICES.

    IN NO EVENT SHALL COMPANY BE LIABLE TO A USER (INCLUDING YOU) OR A THIRD PARTY FOR ANY DAMAGES (INCLUDING BODILY INJURY OR EMOTIONAL DISTRESS), LOSS OF MONEY, GOODWILL OR REPUTATION, OR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE SITE, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURIES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICES IS TO STOP USING THE SITE OR ANY SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY OF THE SERVICES, THE COMPANY'S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE SITE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST THE COMPANY OR (2) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

  11. Release. You hereby expressly release Company and its officers, directors, employees, and agents (collectively, "Related Parties") from claims, liabilities or damages of any kind and nature, known or unknown, arising out of or connected with your use of the Site or Services, or any dispute between you and other users or a third party.

  12. Indemnity. You agree to indemnify and hold Company and its Related Parties, independent contractors, partners, licensors and joint venturers harmless from and against all liabilities, damages, costs and expenses (including attorneys fees), incurred in connection with any claim or demand made by any third party arising from (a) your use or access of the Site or Services, (b) your actual or alleged breach of this Agreement, or (c) any alleged infringement or violation by you, or anyone using or acting through your user account or password, of a third party's right, including, but not limited to, intellectual property right and right of privacy. Notwithstanding the foregoing, Company reserves the right to assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us, and you may not in any event settle any such matter without the written consent of Company.

  13. Governing Law and Dispute Resolution. The laws of the State of Oklahoma (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. The parties expressly agree that this Agreement shall not be governed by the Uniform Computer Information Transactions Act, or any state's version thereof. Any claims or actions regarding or arising out of this Agreement must be brought exclusively in a court of competent jurisdiction sitting in Tulsa, Oklahoma, and each party to this Agreement submits to the jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in Tulsa, Oklahoma; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum. Each party hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with this Agreement or the use of the Site or Services.

    In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Services be instituted more than 1 year after the cause of action arose. If Company prevails in a dispute with a user, the user shall be responsible for all attorneys' fees and costs and expenses incurred by Company in connection therewith. Legal notices will be served on Company's registered agent (in Company's case) or to the email address you provided to Company during registration process and updated from time to time (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Company may serve you legal notices by mail to the address you provided during the registration process and updated from time to time, in which case notice will be deemed given 3 days after the date of mailing.

  14. For Users Outside The U.S. If you are outside the U.S., you consent to having your personal information and data transferred to and processed in the U.S. If you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on the Site (such as advertising or transacting payments) or operate an application or Web site.

  15. The company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services or the Site, or any portion of the site, for any reason; (2) to modify or change the Site, any portion of the Site, and any applicable policy or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or any other changes.

  16. Miscellaneous. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. User has no authority to bind Company in any respect whatsoever. The failure of Company to exercise any right provided for herein will not be deemed a waiver of that or any other right Company may have hereunder. Company will not be liable for any failure to perform its obligations hereunder due to any cause beyond Company's reasonable control, including, but not limited to, mechanical, electronic, or communication failure or degradation (including “line-noise” interference). Any provision of this Agreement which, by its nature, reasonably should survive termination of this Agreement, will survive termination of this Agreement. If any provision of this Agreement is found invalid or unenforceable by a competent jurisdiction, that provision shall be modified or reformed, whenever permissible under the law, to reflect that provision's original intent as closely as possible, or be limited or eliminated to the least extent necessary so that the rest of the Agreement remains in full force and effect. You may not assign or otherwise transfer this Agreement without Company's express written consent. Company may assign this Agreement to any third party at any time without notice to you or your consent. Company may modify and change any provision of this Agreement, including the Company name, at any time without notice by posting the most current version of the Agreement reflecting the changes on the Site under the “Terms of Use” hyperlink or elsewhere. Your use of the Site or Services constitutes your acceptance of all of the terms of the then current version of the Agreement, which supersedes all previous versions. This Agreement is the complete and exclusive statement of the mutual understanding of the parties, and supersedes all previous written or oral agreements, communications or understandings of the parties relating to the subject matter of this Agreement.

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