Effective Date: July 15, 2021 (Archive)
Thank you for using the Zumasys, Inc. website including, but not limited to, product and service information, online purchasing, product documentation, the Zumasys blog and resource library (collectively, the “Website”). This Website is provided by Zumasys, located in the United States.
- CHANGES AND CONFLICTS
By using this Website, you represent and warrant that you are (1) at least 18 years of age; and (2) otherwise able to form legally binding contracts under applicable law.
- ESTABLISHING AN ACCOUNT
You may need to establish an account on this Website to perform certain tasks, such as make online purchases or participate in a customer forum. 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 change these passwords. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Zumasys of any unauthorized use of your password or account or any other breach of security. Without limiting any rights, Zumasys reserves the right to refuse service, terminate accounts, cancel orders, or take any other action as Zumasys deems necessary or reasonable to ensure the security of your account, the Website, or the Zumasys products and services.
- TRANSACTIONS MADE ONLINE
Payments made online for certain Zumasys products may be made using Visa, MasterCard, or American Express. By submitting your order online, you authorize the total order amount, including applicable taxes, 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 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 cancel the order and attempt to notify you. 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 any order for any reason including errors in items or pricing information on the Website. 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 sales, use, or other taxes. You are responsible for the payment of any sales, use, or other taxes that may apply to your order.
It is your responsibility to determine and obey all applicable local, state, federal, and international laws and regulations in regard to the receipt, possession, and use of any item purchased or licensed through this Website. By placing an order, you represent 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 an end user license agreement.
- RETURN AND REFUND POLICY
All returns must be pre-authorized by Zumasys. Please contact customer service ([email protected]) for a Return Authorization Number. Your request for a Return Authorization Number must be made within 30 days of your order. If you have downloaded 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. If accepted by Zumasys, you will be issued a refund via the same form of payment you originally used for the purchase.
- INTERNATIONAL ORDERS
No software or other information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria, or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department or the U.S. Commerce Department, which controls such exports. By downloading or using the software or underlying information or technology, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree that any items licensed or sold on this Website may include technology and software, including all HTML code and controls that are contained on this Website, that are subject to the customs and export laws and regulations of the United States and may also be subject to the customs and import laws and regulations of the country in which the products are received.
- INTELLECTUAL PROPERTY RIGHTS
This Website includes copyrighted material, trademarks and other proprietary information such as text, video, graphics and images, documentation, code samples, manuals, and technical information (collectively, the “Content”). Zumasys owns or licenses all copyrights, trademark, and other intellectual property 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 an officer 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 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 an officer of Zumasys.
Linking to this website is prohibited without the prior written consent of Zumasys.
- UNSOLICITED IDEAS
You must not send unsolicited ideas through this Website, including ideas for new products, services, or technologies. You must not transmit any material to Zumasys through this Website that you consider to be confidential or proprietary and Zumasys shall have no responsibility for such material. You agree Zumasys has the right to use, without payment or accounting to you or others, any concepts, know-how or ideas that you transmit to Zumasys through this Website.
- THIRD PARTY LINKS
This Website may include links to third party websites and social media features and widgets, which are controlled by separate and independent privacy policies of that third party. We have no control, responsibility, or liability for the content and activities of these third parties. Zumasys provides these links solely as a convenience to you and not as an endorsement.
ZUMASYS DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED OR ACCURATE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND THIS WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”. ZUMASYS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR COMPATIBILITY, AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
- LIMITATION OF LIABILITY
THE FOREGOING LIMITATIONS ON THE AMOUNT AND TYPE OF LIABILITY APPLY (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF ZUMASYS IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE: AND (d) EVEN IF YOUR REMEDIES FAIL THEIR ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THIS SECTION, THE ZUMASYS PARTIES LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE.
- ACCEPTABLE USE
You agree to use this Website and the Content in a manner consistent with all applicable laws and regulations. If you publicly post anything on this Website, you agree to only include content that is appropriate, respectful, lawful, and directly related to the subject matter of this Website. Zumasys may remove any posts, materials, or content in its sole discretion. 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 your 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.
- GOVERNING LAW
- NO THIRD PARTY BENEFICIARIES
- TITLES AND HEADINGS
- ENTIRE AGREEMENT
- 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.
- CONTACT INFORMATION
1050 Calle Amanecer, Suite A
San Clemente, California 92673