Zumasys, Inc. | Website Terms of Use

Effective Date: November 5, 2014 (Archive)

Thank you for using the Zumasys website including, but not limited to, solutions and product information, online purchasing, the Zumasys blog and resource library (collectively, this “Website“). This Website is provided by Zumasys, Inc. (“Zumasys“), located in the United States at 9245 Research Drive, Irvine, California 92618.

BY ACCESSING OR USING THIS WEBSITE, OR BY CLICKING OR OTHERWISE INDICATING YOUR ELECTRONIC ACCEPTANCE, YOU (EITHER PERSONALLY OR ON BEHALF OF ANOTHER PERSON OR ORGANIZATION) ACCEPT, AND AGREE TO, THIS AGREEMENT.

1.  Overview

Please read this Terms of Use Agreement (“Agreement”) carefully. If you do not accept this Agreement, you are prohibited from accessing and using this Website including without limitation the purchasing of any item online from Zumasys.

Zumasys reserves the right to modify all or any portion of this Agreement at any time. Modifications to this Agreement will be effective immediately upon posting to this Website, but will not be applied retroactively. Your use of this Website after modifications have been posted will constitute your acceptance of this Agreement as last modified. Do not use (or continue to use) this Website if you do not agree to be bound by this Agreement as last modified.

2.  Authority

By using this Website, you represent and warrant that you: (1) are at least 18 years of age, and (2) are otherwise able to form legally binding contracts under applicable law.

If you are using this Website on behalf of another person or a corporation, limited liability company or other legal entity, you represent and warrant that you are duly authorized by the entity or person to enter into this Agreement on her, his or its behalf.

3.  Privacy Policy

Any information you provide to Zumasys through this Website is subject to the Zumasys Privacy Policy, which describes how and when Zumasys collects, uses and shares your information when you visit this Website.

4.  Establishing an Account

You may need to establish an account on this Website if you want to make online purchases. You are responsible for maintaining the confidentiality of your login and password information for your account. It is recommended that you use unique passwords for your Zumasys account, and that you periodically modify these passwords. You agree to accept responsibility for all activities that occur under your account and password. Zumasys reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.

5.  Transactions Made Online

Orders made online may be purchased using Visa, Mastercard or American Express. For other payment options, please contact Zumasys. By submitting your order online, you authorize the total order amount, including applicable taxes, shipping and handling, to be charged to your credit card. All information you provide must be accurate and complete. Providing inaccurate or false information may result in order cancellation. By submitting your information, you grant Zumasys the right to provide your information to third parties for purposes of completing your online credit card transaction.

You are solely responsible for any charges or expenses imposed against you by the card issuer (e.g., overdrawn accounts, exceeding credit card limits, etc.). If the total order amount is not authorized by the card issuer, Zumasys will notify you and the order will be cancelled. You may place a new order with an alternate payment method or resolve the issue with your card issuer.

Zumasys reserves the right to refuse or cancel an order for any reason including errors in items or pricing information. Your receipt of an order confirmation does not mean that your order has been accepted by Zumasys. An order will only be deemed accepted upon delivery of the ordered item.

The prices displayed on this Website are subject to change at any time without prior notice. All prices are in U.S. Dollars. The prices displayed on this Website do not include shipping and handling or sales, use, or other taxes. You are responsible for the payment of any shipping and handling charges and sales or use taxes that may apply to your order at checkout.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession and use of any item purchased through this Website. By placing an order, you represent that the items ordered will be used only in a lawful manner and you understand you may be required to accept other Zumasys agreements such as a Software License Agreement.

6.  Return and Refund Policy

All returns must be pre-authorized by Zumasys. Please contact customer service for a Return Authorization Number. Your request for a Return Authorization Number must be made within 30 days of your order. You must return all of the materials you received (CD, manuals, etc.) with the software. If the software package has been opened, or if you have downloaded the software and have been issued an authorization key, you must remove and delete the software immediately and complete and sign a Certificate of Software Destruction before any refund will be issued. Upon acceptance by Zumasys, you will be issued a refund via the same form of payment you originally used for the purchase. You are solely responsible for return shipping costs, which will not be refunded.

Items not purchased directly from Zumasys (e.g. purchased from resellers) must be returned to the place of purchase, and are subject to the return policies of the place of purchase.

7.  Shipping/Risk of Loss

If you request your order to be shipped, Zumasys will ship your order to the address you provide at checkout. You are solely responsible for any inaccurate or incomplete shipping information. The risk of loss and title for the items pass to you upon Zumasys’ delivery to the carrier. Zumasys is not responsible for any shipping delays, and cannot guarantee the arrival time of any shipped order.

8.  International Orders

If you request your order to be shipped internationally to a country not listed at checkout, please contact Zumasys directly. Please be aware that when orders are shipped internationally they may be subject to customs clearance procedures which may cause delays or increased costs beyond original estimates. International packages may be subject to the customs fees and import duties of the country to which the order will be shipped. Zumasys has no control over these charges and they are your responsibility.

9.  Customs and Export Control Laws

You agree that any items licensed or sold on this Website that may include technology and software, including all HTML code and controls that are contained on this Website, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and import laws and regulations of the country in which the products are received.

10.  Copyrights, Trademarks and Other Intellectual Property

This Website includes copyrighted material, trademarks and other proprietary information such as text, photos, video, graphics and images (collectively, the “Content”). Zumasys owns or licenses all copyrights and trademark rights in the Content, including the selection, coordination, arrangement and enhancement of the Content.

Except as otherwise expressly permitted under U.S. copyright laws, no copying, redistribution, retransmission, publication or commercial exploitation of the Content is permitted without the express written permission of Zumasys. In the event of any permitted copying, redistribution or publication of copyrighted material, you are not permitted to change or delete any author attribution, trademark legend or copyright notice.

You agree you will not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. You may download the Content for your noncommercial use only. You do not acquire any ownership rights by downloading or otherwise using the Content.

All trademarks, service marks, logos and trade names used in this Website, whether registered or unregistered, are owned by, licensed to, or used with permission by, Zumasys. You may not reproduce, download or otherwise use any of these trademarks, service marks, logos or trade names without the prior written consent of Zumasys.

11.  Linking

Linking to this website is prohibited without the prior written consent of Zumasys.

12.  Unsolicited Ideas

Zumasys does not accept or consider unsolicited ideas through this Website, including ideas for new products, services or technologies. You agree Zumasys has the right to use, without  payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to Zumasys through this Website. You are prohibited from transmitting any material to Zumasys through this Website that you consider to be confidential or proprietary.

13.  Third Party Website Links

This Website may include links to third party websites. Zumasys does not endorse, control or make any guaranty about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the content or the resources contained on these Websites. Zumasys is providing these links solely as a convenience to you. Please review any terms of use and privacy statements of linked Websites you may visit.

14.  Disclaimer of Warranties

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOUR USE OF THIS WEBSITE WILL BE AT YOUR OWN RISK AND THIS WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. ZUMASYS DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF WARRANTIES, SO YOU MAY HAVE OTHER RIGHTS IN THOSE STATES AND JURISDICTIONS.

15.  Limitation of Liability

IN NO EVENT WILL ZUMASYS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCURRED AS A RESULT OF YOUR USE OF THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ZUMASYS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL ZUMASYS’ TOTAL AGGREGATE LIABILITY FOR ANY CLAIM OF ANY NATURE AS A RESULT OF YOUR USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT PAID BY YOU TO ZUMASYS FOR THE 12-MONTH PERIOD PRECEDING THE ACCRUAL OF YOUR CLAIM.

THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

16.  Indemnification

You agree to indemnify, defend, and hold harmless Zumasys and its employees, officers, agents and licensors from any liability, loss, claim, and expense (including reasonable attorneys’ fees) arising out of your use of this Website, your breach of this Agreement, or your violation or alleged violation of any law or regulation.

17.  Prohibited Use

You are prohibited from violating, or attempting to violate, the security of this Website. Violations of the security of this Website include, without limitation: (1) logging into or attempting to log into a server or account you are not authorized to access; (2) accessing data or taking any action to obtain data, information or services not intended for you or your use; (3) attempting to probe, scan or test the vulnerability of any system or network; (4) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures; or (5) transmitting material that contains viruses, Trojan horses, time bombs, or other computer programming routines that could interfere with a computer’s functionality or the operation of this Website.

18.  Governing Law

This Agreement and the use of this Website are governed by California law, without regard to its conflict of laws provisions. The parties specifically agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Both you and Zumasys agree to submit to jurisdiction in California. Any action brought regarding this Agreement must be filed exclusively in the state or federal courts located in Orange County, California.

19.  Waiver

The failure by Zumasys to enforce any part of this Agreement will not constitute a waiver of any rights of Zumasys under this Agreement, whether for past or future actions.

20.  Severability

If any provision of this Agreement is found by any court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

21.  No Third-Party Beneficiaries

This Agreement is made solely for the benefit of the parties, their respective successors and permitted assigns. Nothing in this Agreement is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons.

22.  Titles and Headings

The titles and headings of this Agreement are for convenience and ease of reference only and will not be utilized in any way to construe or interpret this Agreement of the parties as otherwise set forth herein.

23.  Assignment

This Agreement will be binding on and inure to the benefit of you and Zumasys, and any respective successors and permitted assigns.

24.  Relationship of Parties

The parties to this Agreement are independent contractors. There is no relationship of agency, partnership, joint venture, employment or franchise between the parties. Despite any use of the term “partner” on this Website, the parties do not intend to create any legal relationship of partnership between them, and neither will assert to any third party or otherwise claim that such a legal relationship exists between them.

25.  Entire Agreement

This Agreement comprises the entire agreement with respect to its subject matter and supersedes and replaces all existing or contemporaneous agreements between the parties, whether oral, electronic or written.

26.  Information for California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

Pricing Information: Current rates for the items sold on this Website may be obtained on this Website. Zumasys reserves the right to change prices at any time including the right to institute new pricing models or fees.

Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

27.  Contact Information

If you have any questions about this Agreement or purchasing items online, please contact us at:

Zumasys, Inc.
9245 Research Drive
Irvine, CA 92618
(949) 334-0287
jenm@zumasys.com