Conditions of Use

ZoumUSA Terms of Use Effective Date: October 17, 2008 Welcome to this ZoumUSA website ("Site"). ZoumUSA is pleased to serve you under these ZoumUSA Terms of Use, as amended from time to time ("Terms"). YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS. DO NOT USE THE SITE OR PROVIDE INFORMATION IF YOU DO NOT AGREE TO THE TERMS. "You" means an individual who is an ZoumUSA customer or member or who is merely using or browsing our Site. These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who make a purchase from us.

Part 1

• Site Features, Functionality and Availability; Termination. You may use the Site when and as available. Although we generally intend the Site to be available 24/7, it will not always be available (e.g., during maintenance, changes, outages and for other reasons we determine). We reserve the right to change or eliminate, and restrict or block access to all or any part of the Site from time to time without notice.
• Supplemental Terms. Supplemental terms may appear on the Site in connection with particular activities or transactions if we have rules for the activity. These Terms do not alter in any way the terms or conditions of any other agreement you may have with ZoumUSA, or its subsidiaries or affiliates, for products, services or otherwise.
• Privacy Policy. Our Privacy Policy contains our practices regarding personally identifying information about you. You should review the Privacy Policy because it describes the information that we collect, how we collect it and what we do with that information.
• Attribution of Electronic Acts to You; Passwords. Several Site activities require passwords (e.g., if you establish one to create "Your Account"). You agree that if your password is used on the Site, we may attribute all use to you and you will be legally bound by it even if the person using your password had no actual authority or failed to correct an error. You agree to protect your password as confidential information and to prohibit anyone you share it with from disclosing it to anyone not authorized by you. We recommend that you not share your password, but if you do, you agree to save, defend, indemnify and hold us harmless from and against any use claimed to be unauthorized.
• Our Accuracy Caution; Your Responsibility to Get the Information You Need. From time to time there might be information on the Site that is outdated or contains errors, inaccuracies, or omissions (collectively, "Inaccuracy"), including but not limited to descriptions of events, locations, products and services, pricing, product availability and tracking or other information. Also note that although we have tried accurately to display colors of products, the colors you see may depend on specifications and settings of your computer and its display and might not accurately depict the actual color of the product. We reserve the right to correct any Inaccuracy even if you have placed an order; we also reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your payment card charged. If your card has already been charged and your order is canceled, we will promptly issue an adjustment to your card account. We apologize for any inconvenience this may cause you. Even if there is no Inaccuracy, the product descriptions and all other information are intended only to be indicative, including (without limitation) size charts, shipping timelines and other information. No information is intended to be a guaranty or warranty, including (but not limited to) about what is right for you, and you agree not to rely on any information and to do your own research and analysis as well. No information provided on the Site is a substitute for qualified instruction or personal experience. ZoumUSA assumes no liability for the use of or reliance on information – it is your responsibility to have the proper knowledge, experience and gear to enjoy outdoor and indoor activities safely.
• Solicited Submissions* Policy; Unsolicited Submissions Policy. We welcome your input but only under our policies and only for non-confidential information that you own by yourself. You are solely responsible for what you provide and agree to save, defend, indemnify and hold us harmless from and against any claims made regarding your Submissions.
• (a) Solicited Policy. When we expressly ask you to give us Submissions, it is usually because we want your input on a product, service or survey. Right now, we ask for any Submissions you'd like to make about our Site, services or products so that we can improve them. We assume when we ask, however, that you are willing to provide input without getting paid or receiving other compensation. Sometimes for particular surveys or topics, we might include an express statement that we will provide a discount or coupon, but that will depend on the particular request (and the above general request does not include any such statement).
• (b) Unsolicited Policy. We do not want to receive Submissions if you expect to be paid or want to continue to own or claim rights in them (e.g., if you want to be a patent owner or to exercise intellectual property or other rights in them). For example, if you have a great idea for a new product that you think we ought to make, but you also want to share in any resulting patent or profits, do not make your Submission. We do not want and will not accept such Submissions (regardless of what your communication may say about acceptance): your idea might be great, but we might have had the same or a similar idea and we don't want disputes. Accordingly, do not make a Submission unless you are willing to be bound by this policy.
• Product Reviews. As part of our collection of Submissions, we may provide specific opportunities for you to tell ZoumUSA and other ZoumUSA members or users what you think about products or services. If you take advantage of such a product review opportunity, you agree to state your opinions lawfully and in good faith and reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All comments are the opinions of the person commenting and do not necessarily reflect the views of ZoumUSA.
• No Commercial Use; No Resale; No Extraction. You may use the Site solely for lawful and, except with our written agreement, personal, non-commercial purposes in compliance with these Terms. Items that you purchase may not be purchased for resale to others and we may limit quantities.
• Your Conduct. You agree that you will not violate any law, contract or intellectual property right, or commit a tort. You also agree not to:
• 1. attempt to access any service or area of the Site that you are not authorized to access;
• 2. alter information on or obtained from the Site;
• 3. use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or to extract data;
• 4. reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
• 5. send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware", "adware" or other code that could adversely impact the Site or any recipient;
• 6. access or use the Site or any service for any unlawful, unintended (by us) or harmful purpose, or other than in full compliance with applicable law and the Terms;
• 7. take any action which might impose a significant burden (as determined by us) on Site I infrastructure;
• 8. interfere with the ordinary operation or mission of the Site or services; and
• 9. "frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
• Your Accuracy. You agree to supply only accurate, current and complete (collectively "Accurate") information when setting up an account on the Site, making a purchase, reviewing a product, or otherwise using the Site or a related service. You also agree to review and correct all information that is supplied about you (such as when our system "pre-populates" information you would otherwise have to enter) or that the Site draws from (such as the payment card information you keep in Your Account) to ensure that it is always Accurate. ZoumUSA reserves the right to purge or delete information stored by members in its discretion.
• NO WARRANTIES RE SITE; AS IS. YOU AGREE THAT OUR SITE AND ALL CONTENT (AS DEFINED IN SECTION 8), SERVICES AND FUNCTIONALITY (COLLECTIVELY, "COMPLETE SITE") ARE PROVIDED BY US OR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WE DO NOT MAKE ANY REPRESENTATIONS OR EXPRESS WARRANTIES. EXCEPT FOR DUTIES OF GOOD FAITH, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF RESULTS, AND OF ACCURACY, COMPLETENESS, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE FURTHER DISCLAIM ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE OUR PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE, OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS PARAGRAPH. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR GENERAL DAMAGES THAT ARE SIMILAR TO THOSE, OR FOR DAMAGES FOR: LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OR OTHER ASPECT OF THE ENTIRE AGREEMENT (AS DEFINED BELOW) OR COMPLETE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
• LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. YOU AGREE THAT YOUR SOLE, AGGREGATE REMEDY FOR ANY BREACH OF THE ENTIRE AGREEMENT (AS DEFINED BELOW) AND FOR ANY CAUSE OF ACTION OF ANY NATURE (INCLUDING WITHOUT LIMITATION, TORT) RELATING TO ANY ASPECT OF THE ENTIRE AGREEMENT OR THE COMPLETE SITE SHALL BE, AT OUR OPTION: (1) REPAIR, SUBSTITUTION, REPLACEMENT OR CORRECTION OF ALL OR PART OF THE CONTENT, ACT OR ITEM GIVING RISE TO DAMAGES INCURRED IN REASONABLE RELIANCE AND NOT EXCLUDED ABOVE; OR (2) THE AMOUNT OF DAMAGES NOT EXCLUDED ABOVE THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT EXCEED THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE CONTENT, ACT OR ITEM CAUSING SAID DAMAGES. THE DAMAGE EXCLUSIONS AND LIMITATION OF LIABILITY IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
• Termination or Cancellation. Either we or you may end this agreement (the Terms) with or without cause or prior notice. You will still be liable for payment of any amounts due or other obligations incurred before this agreement ends, and if you use the Site after it ends, that use will be your new agreement to the Terms. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. Our rights will survive termination of these Terms. Without canceling the agreement, we may suspend or block your access to the Site whenever it appears to us that you might be breaching these Terms or otherwise about to cause harm or damage to us or others.
• Applicable Law and Exclusive Forum. This Site is controlled by us from our offices within the United States of America and is directed to U.S. users. If you choose to access this Site from locations outside the U.S., you do so at your own risk and are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations. You agree that the Entire Agreement, all performances and all claims of every nature (including without limitation, contract, tort and strict liability) relating to any aspect of the Complete Site or any product or service obtained in any connection with it, shall be governed by the laws of the State of Florida, U.S.A. without regard to its conflict of law provisions and without regard to where performance is made. You agree that any disputes shall be heard exclusively in the appropriate forum in Florida. You also consent to jurisdiction in a state or federal court sitting in Palm Beach County, Florida and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Florida or federal law.
• Notices, Including Our Address for Legal Notices.
• Notices to You. We may give you notice by any lawful method, including (without limitation) legal notices and notice of subpoenas. We may provide the notices by posting them on the Site or by giving them by email or postal mail to any address that we have for you. You agree to update your address as appropriate and to check for notices posted on the Site.
• Notices to Us; Our Address for Legal Notices. We receive many e-mails and not all employees are trained to deal with every kind of communication, so you agree to send us notice by mailing it to "Our Address for Legal Notices" which is ZoumUSA, LLC, Attn: Legal Department, 5970 SW 18th Street, #120, Boca Raton, Florida 33433.
• Amendments. You agree that we may amend these Terms from time to time, including by changing (e.g., by adding, altering, deleting, increasing or decreasing or anything else) anything in these Terms ("Amendments"). With respect to the text of these Terms, we will post a new version of the Terms on the Site prior to the effective date of the amended version ("Effective Date") – we will try to do that ten days before a new version becomes effective, but we reserve the right to provide lesser or subsequent notice as we think advisable (such as in an emergency or to prevent harm to us or others). We may also give notice by another method, including by e-mail. You agree periodically to check for notice of an amended version and to review that version. The Effective Date of each version will usually be shown at the beginning of the Terms document: if you see a date that is later than the date you last reviewed the Terms, review the latest version because it will apply as of its Effective Date and until the next version is posted (and the ten-day period referenced above, if applicable, has passed). Until then, all amended versions will apply to all information then or later in our control or possession (except that if we've already accepted your order then we'll fill it at the price in effect on your order date regarding items in stock). No Amendments will be effective unless we post them on our Site. You agree that USING THE SITE OR MAKING A PURCHASE AFTER THE EFFECTIVE DATE OF THE AMENDED VERSION OF THESE TERMS WILL CONSTITUTE YOUR AGREEMENT TO THE AMENDED VERSION. If you terminate, you will still be entitled to any membership refund accruing before termination. Notwithstanding the foregoing, you agree that without amendment, we may change other Site information (other than the text of these Terms) in our sole discretion, including but not limited to changing pricing, fees (e.g., shipping and handling), carriers, and our refund procedures. You will be able to read the then current fees or other information before you place an order or sign up for a service – if you do not agree, do not proceed with your order.
• Entire Agreement; Miscellaneous. These Terms, including items incorporated into them and any (a) additional terms on the Site or otherwise provided by us for particular activities, and (b) disclosures provided by us and consents provided by you on the Site (collectively, "Entire Agreement"), constitute the entire agreement between us and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement. If any part of the Entire Agreement is found by a court of competent jurisdiction to be invalid, then that part will be deemed superseded by an enforceable provision that most closely matches the intent of the original and honors the allocation of risks in these Terms and the remainder of the Terms will continue in effect. Our failure to act with respect to a breach does not waive our right to act as to subsequent or similar breaches, and time is of the essence of the Entire Agreement. There are no third party beneficiaries of any part of the Entire Agreement.

Part Two – TERMS FOR USERS MAKING PURCHASES

Part Two applies in addition to Part One if you purchase a product or service through the Site.

• Pricing and Availability. All prices are shown in U.S. dollars and are valid and effective only for products and services ordered and shipped within the United States; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
• Out-of-Stock Items; Backorders. If the color or size you want is not available for ordering. Please check back later. Sometimes we will not know in advance that product is unavailable, and items in your Shopping Cart may be put on backorder. Such item will be sent to you once it becomes available. If the backordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail.
• Agreement to Conduct Transactions Electronically; Recording; Copies. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms provided by us. If the law allows you to withdraw this consent or if we are required to deal with you non-electronically, we reserve the right to charge or increase fees for doing so. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
• Shipping & Handling; No Export by You. When we ship to you or per your directions, you agree to pay the shipping and any handling charges. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only - actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
• Payment; Credit for Refunds & Pricing. Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment card or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.
• Return and Exchanges: Customer satisfaction is our top priority and we want you to be completely satisfied. You can return or exchange your purchase within 30 days of receipt. You must e-mail us at sales@zoumusa for a Return Authorization Number before sending any item(s) back. Merchandise must be in new condition and still have all original tags and packaging so that it may be restocked and resold. All returned items are subject to inspection and approval by ZoumUSA. Shipping charges are not refundable and return shipping costs are at the customer's expense. Returns may be subject to a restocking fee. Returns may make you ineligible for promotions or discounts applied at the time of sale. After we have received your valid return we will provide one of the following within a reasonable time: an exchange of merchandise for the item(s) returned, a merchandise credit, a refund or other remedy that we determine in good faith is appropriate in the circumstances. If you fail to comply with any of the above conditions we reserve the right to refuse the return or exchange or to impose different or additional conditions.
• Note for oversize items: If your item was shipped to you by motor freight, please inspect the product for visible damage before the carrier leaves and be sure to notate the damage on the Bill of Lading.