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Terms of Use Agreement
(Last Updated – September 13th, 2016)
PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE “I ACCEPT/AGREE” BUTTON OR “I ACCEPT/AGREE” HYPERTEXT LINK AT THE BOTTOM OF THIS WEB PAGE. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO AFTER THIS DATE.
1. Acceptance of Terms of Use . Rezoom, LLC (“Rezoom” or the “Company”) provides its on-line services and web site to you, the “User”, subject to this Terms of Use Agreement (“Agreement”). All of the webpages related to the domain www.irezoom.com as well as all associated sites linked to www.irezoom.com (collectively, the “Site”) and the Rezoom Mobile Applications through which the User may access the Site, including without limitation all included content, functionality and service offerings included therein, are a part of the services provided by the Company and other sources (collectively, the “Services”).
This is a legal contract between you, the User, and Rezoom. Please read this Agreement carefully. In exchange for accessing or using the Services, User agrees to be bound by all of the terms and conditions of this Agreement and Rezoom’s Privacy Policy (“Privacy Policy”) which is incorporated herein by reference and can be found by clicking the tab on the Site labeled “ Privacy Policy .”
User represents and warrants that User is at least 18 years of age, resides in the United States, and is of sufficient mental capacity to enter into this Agreement.
2. Modifications . Please note that the Company may change the terms of this Agreement at any time without notice and such changes will be effective on the date that such modified terms are posted on the Site. Access to or use of the Site by the User after such changes have taken effect constitutes acceptance of all changes.
3. Privacy . Please read our Privacy Policy. This Agreement and the Privacy Policy govern your visit to and use of the Site and the Services. Our Privacy Policy can be located by clicking the tab on the Site labeled “Privacy Policy.”
4. On-line Services and Disclaimer of Warranty . The Site provides on-line resources. Any new services, resources or informational content added to the Site are included under the terms of this Agreement. The on-line resources, materials and informational content on the Site (“Content”) and the Services are provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT. You should not assume that the Content of the Site is continuously updated or otherwise contains correct information. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Additionally, we do not represent or warrant that the Site or any web site to which the Site may be linked, will be accessible or available on a timely basis or that access to same will be uninterrupted or error free. Rezoom assumes no responsibility for any loss suffered by any user of the Site.
5. Limitations Regarding the Services . The Services are meant to provide instructions that can be used as a home exercise program. No Content or communication provided as part of the Services should be construed as medical or physical therapy advice nor should you use the Services for diagnosis, treatment, or prevention of any disease or condition. Before beginning any exercise program, including those described and demonstrated through the Services, you should consult with a qualified healthcare professional. Neither Rezoom nor any person affiliated with Rezoom is your physician or physical therapist. The Services are intended for informational purposes only. The Services should not be considered a replacement or substitute for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare professional. If use of the Services is causing you pain, you should immediately cease using the Services and contact a healthcare professional. Never disregard professional medical advice or delay in seeking it because of something you have read or heard while using the Services. Use of the Services when experiencing pain is at your own risk. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR DOCTOR IMMEDIATELY.
Rezoom does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Rezoom, Rezoom employees, others appearing on the Site at the invitation of Rezoom, or other visitors to the Site is solely at your own risk.
6. Access to Site . Rezoom reserves the right to withdraw or amend the Site, the Services and any Content provided on the Site, in Rezoom’s sole discretion without notice. Rezoom will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Rezoom may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
Before you can access any instructional session for a particular condition, you will be required to answer a series of questions about your condition to make sure you meet certain pre-determined eligibility standards to participate in that session. Your responses to these questions may result in a determination by Rezoom, in its sole discretion, that you are not eligible, for various reasons, to be granted access to such session. In that case, Rezoom may deny you access to that session. Even if Rezoom grants you access to a session, Rezoom is not endorsing that session as appropriate for you, providing any medical or physical therapy advice or any diagnosis, or recommending any treatment; it is your responsibility to consult with a qualified healthcare professional prior to engaging in any sessions, as you should before beginning any exercise program.
Rezoom and any licensed health care providers or entities with which Rezoom contracts reserve the right to contact you based upon any potentially identifiable need for professional health care services, in their sole discretion. Provided, however, no such provider or entity contracted with Rezoom shall be liable to you for any injury, damages, loss or claim as a result of your completion of any Rezoom program or your participation in Rezoom online services.
7. Registration. Certain areas of the Site are provided solely to registered users. To access certain functions, services or products included in the Services, you may be asked to provide certain registration details or other information. All the information you provide must be correct, current and complete. Any user registering for such services agrees to provide true and accurate information during the registration process. Rezoom reserves the right to terminate the access of such Users should Rezoom know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OF AT LEAST 18 YEARS OF AGE TO REGISTER. Rezoom reserves the right to require valid credit card information as proof of legal age.
8. User Account . Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their account, username and password and for restricting access to their computer or other devices. User accepts responsibility for all activity conducted under the User’s account. User grants Rezoom and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. User agrees to immediately notify Rezoom [to be added] should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Rezoom has the absolute right to disable any user name or password, at any time, for any reason, including, if in Rezoom’s sole discretion it believes that the User has failed to comply with any provision of this Agreement. If you are a registered user, you must logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are responsible for all activities that occur using your passwords and under your account. Rezoom cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received. Rezoom shall not be responsible for User’s failure to abide by this paragraph.
9. Subscribing for Services and Fees . Users who register with Rezoom and pay a subscription fee (“Subscription Fee”) in the amount established from time to time and posted on the Site, will be “Subscribers” and will receive access to certain areas of the Site that are password protected and available only to Subscribers. The access granted by Rezoom to its Subscribers and the associated rights and privileges provided to a Subscriber is personal and non–transferable. All Subscription Fees are deemed to have been earned when received and are non–refundable under any circumstances. Subscription Fees are payable only in lawful currency of the United States and are exclusive of all sales and use or similar taxes, levies, or duties imposed by taxing authorities. Subscriber is responsible for payment of all such taxes, levies, or duties.
Monthly subscriptions will require payment of the then–current, generally applicable monthly Subscription Fee charged by Rezoom, posted on the Site. Rezoom may change the Subscription Fee for the Services by posting such change on the Site and such change shall become effective immediately.
Subscriber, by subscribing to the Services, agrees to pay all Subscription Fees when due, including applicable sales or similar taxes that may be imposed. Subscriber must provide Rezoom with a credit or debit card information as a condition of subscribing.
If you subscribe to a monthly version of the Services, Rezoom will bill your credit or debit card for the monthly Subscription Fee on or about the date you first subscribe (“ Subscription Date ”). We will automatically renew your monthly Subscription each month after your Subscription Date (the “Renewal Date”) and will charge your applicable credit or debit card on or around the Renewal Date each month, unless you notify us that you wish to cancel your monthly Subscription at least five (5) days prior to the next Renewal Date; notice of cancellation may be made by logging into the Site and changing your account settings, or by contacting us at [to be added].
IMPORTANT NOTICE: REZOOM WILL AUTOMATICALLY RENEW YOUR MONTHLY SUBSCRIPTION ON EACH MONTHLY RENEWAL DATE – I.E. EACH MONTH AFTER THE DATE THAT REZOOM FIRST CHARGES YOUR CREDIT OR DEBIT CARD FOR THE FIRST MONTHLY SUBSCRIPTION FEE – AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION PROCESS. ON EACH RENEWAL DATE, REZOOM WILL CHARGE YOUR CREDIT OR DEBIT CARD WITH THE APPLICABLE MONTHLY SUBSCRIPTION FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON YOUR SUBSCRIPTION FEE PAYMENT (UNLESS YOU CANCEL FIVE (5) DAYS PRIOR TO THE NEXT MONTHLY RENEWAL DATE).
In the case of trial Subscriptions, notifications provided through the Services indicating the remaining number of days in the trial Subscription will constitute notice of termination of the trial period. Subscribers may convert a trial Subscription to a paid for Subscription by updating their account accordingly and paying the applicable Subscription fee prior to the termination of the trial subscription.
You agree to provide Rezoom with complete and accurate billing information. You agree to update this information within ten (10) days of any change to it. If the billing information you have provided is false or fraudulent, Rezoom reserves the right to terminate this Agreement and your access to the Services immediately upon written notice in addition to pursuing any other legal remedies.
10. Credit/Debit Card Payments . You are responsible for providing valid credit or debit card information at the time you register for certain Subscription Services or purchase any products. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Services account or any purchase of products at the prices then in effect, including any unauthorized charges incurred prior to your notifying Rezoom of such charges. You agree that Rezoom may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services or products.
11. Payment Authorization . Subscriber agrees to pay all Subscription Fees applicable to the Services to which you have subscribed. Rezoom reserves the right to either suspend or terminate your access to the Services and account and terminate this Agreement for failure to pay applicable Subscription Fees. You are expressly agreeing that Rezoom is authorized to bill you for the Subscription Fees and any applicable tax and any other charges you may incur in connection with your use of the Services and the fees will be billed to your credit or debit card as set forth in this Agreement. If you cancel your subscription at any time, you will not receive any refund. If you have a balance due on any account, you agree that Rezoom may charge such unpaid fees to your credit or debit card. If you believe any charges made by Rezoom to your credit card are incorrect, you must contact us in writing within ninety (90) days of the date of the charge be eligible for an adjustment or credit.
12. Copyright and Trademarks . Rezoom authorizes you to view the Content on the Site solely for your personal, noncommercial use. This authorization does not include any resale or commercial use of the Site or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its Contents; or any use of data mining, harvesting, robots, or similar data gathering and extraction tools, without the prior written consent of Rezoom. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Rezoom. You may not use any meta tags or any other similar means utilizing Rezoom's name or trademarks without the prior written consent of Rezoom. Any unauthorizeduse terminates the permission or license granted by Rezoom.
The Site and its entire Contents, features and functionality (including all text, graphics, logos, icons, images, video, audio clips, downloads, data and software and the design, selection and arrangement thereof) and all compilations of content are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Copyright under both United States and foreign laws and is the property of Rezoom or its licensors or suppliers. Title to the Content remains with Rezoom or its licensors or suppliers. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. The Content and Site features are subject to change or termination without notice in the editorial discretion of Rezoom. All rights not expressly granted herein are reserved to Rezoom and its licensors.
Rezoom, its tradename, marks, logos and other marks indicated on our web site are trademarks of Rezoom. or its subsidiaries, in the United States and other countries, and other Rezoom graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Rezoom or its subsidiaries. Rezoom's trademarks and trade dress may not be used in connection with any product or service that is not Rezoom's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rezoom. All other trademarks not owned by Rezoom or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rezoom or its subsidiaries.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
[If you wish to make any use of material on the Site other than that set out in this section, please address your request to: info@irezoom.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Rezoom. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.
If you violate any of the provisions of this Agreement, your permission to use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
13. Information Supplied By Users . When you visit the Site or send e-mails to Rezoom, you are communicating with Rezoom electronically. You consent to receive communications from Rezoom electronically. Rezoom will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Rezoom provides to you electronically or by posting on the Site satisfy any legal requirement that such communications be in writing.
The Services involve the users providing feedback and input to Rezoom on an interactive basis. Use of this interactive portion of the Site and the Services is at your own risk and you expressly waive any and all claims for damages that result from your interactive use of the Site or the Services. You are solely responsible for the information you provide and any damages caused by the inaccuracy of that information.
THE SERVICES AND ANY INFORMATION PROVIDED BY REZOOM ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF MEDICAL, NURSING, PHYSICAL THERAPY, OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT OR SERVICES IN ANY JURISDICTION. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
14. Prohibited Conduct . The Site may contain functions that allow User to upload communication and content to the Site or to Rezoom (“User Submissions”). User Submissions may include the use of blogs, chat rooms, bulletin or message boards, that are publicly available on the Site (“Public Areas”). You agree that you will not upload or transmit any User Submissions of any type to the Public Areas that infringe or violate any intellectual property, privacy or other rights of any party.
Anything you submit to a Public Area is made with the agreement that User grants Rezoom a perpetual, royalty free, irrevocable, non-exclusive license throughout the world to use, reproduce, modify, publish, edit, distribute, display such User Submissions and any derivative works related thereto, in any and all media, forms, formats or forum now known or hereafter developed, without any obligation to give credit or attribution to User. Further, Rezoom has the right to review any User Submission and refuse to allow such submission the Site or to remove such User Submission, with or without any cause, at any time in its sole and absolute discretion.
If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Rezoom and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately . If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that any or all of the following actions shall constitute a material breach of this Agreement:
A. Using a Public Area for any purpose in violation of local, state, national, or international laws;
B. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
C. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Rezoom in its sole discretion;
D. Posting advertisements or solicitations of business;
E. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
F. Posting chain letters or pyramid schemes;
G. Impersonating another person;
H. Distributing viruses or other material which is malicious or technologically harmful;
I. Harvesting or otherwise collecting information about others, including email addresses;
J. Allowing any other person or entity to use your identification for posting or viewing comments
K. Posting the same note more than once or "spamming"; or
L. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Rezoom, exposes Rezoom or any of its customers or suppliers to any liability or detriment of any type.
In addition, User agrees not to do any of the following actions, any or all of which shall constitute a material breach of this Agreement:
A. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site;
B. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
C. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Rezoom’s prior written consent;
D. Use any device, software or routine that interferes with the proper working of the Site;
E. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
F. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
G. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and/or
H. Otherwise attempt to interfere with the proper working of the Site.
Rezoom reserves the right (but is not obligated) to do any or all of the following:
A. Record the dialogue in Public Areas;
B. Investigate an allegation that a communication(s) do(es) not conform to the terms of this Agreement and determine in its sole discretion to remove or request the removal of the communication(s);
C. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement;
D. Terminate a user's access to any or all Public Areas and/or the Site upon any breach of this Agreement;
E. Monitor, edit, or disclose any communication in the Public Areas;
F. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards; and/or
G. Cooperate with any law enforcement authorities or court order requesting or directing Rezoom to disclose the identity or other information of anyone posting any materials on or through the Site.
However, Rezoom does not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Rezoom assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Rezoom or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
15. Feedback . If you send or transmit any communications, comments, questions, suggestions, or related materials to Rezoom, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or the Services, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non–confidential and non–proprietary. You hereby assign to Rezoom all right, title, and interest in, and Rezoom is free to use, without any attribution or compensation to you, any ideas, know–how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Rezoom is not obligated to use, display, reproduce, or distribute any such ideas, know–how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
16. Links from the Website . If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
17. Indemnity . You agree to indemnify and hold Rezoom, and its subsidiaries, affiliates, officers, directors, managers, members, employees, agents, representatives, subcontractors and information providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your connection to the Site, your violation of this Agreement, or your violation of any rights of another or any content you submit, post, transmit or make available through the Site.
18. Limits and Modifications . Rezoom may establish without notice limits on the use of the Site, including the maximum number of times User may post to or participate in the on-line communities, or to the number of times User may access the Site. Rezoom reserves the right to modify any and all portions of the Site without notice. Under no circumstances shall Rezoom be liable to User or any other party for such limits or modifications.
19. Termination of User Account . Rezoom may, at its sole discretion, terminate User’s account for any reason. Under no circumstances shall Rezoom be liable to User or any other party for such termination of User’s account.
20. Third Party Advertisers . Rezoom may allow third party advertisers to advertise on the Site. Rezoom takes no responsibility for User’s dealings with, including any on-line or other purchases from, any third party advertisers. Rezoom shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
21. Hyperlink Policy . The Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Rezoom of the contents, products, services or information on such third-party web sites. Rezoom is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
[A User is allowed to link to the Site’s homepage under the following conditions. First, such link is authorized by all applicable law. Second, such link is not, in our sole opinion, damaging to Rezoom’s reputation. Third, such link does not in any way suggest or imply any association, approval or endorsement by Rezoom. Fourth, you may not link to any other page on the Site without Rezoom’s prior written permission. Rezoom reserves the right to withdraw permission to you to link to the Site’s homepage at any time in its sole discretion for any or no reason.]
22. Warranty . Your use of the Services is at your own risk. The materials utilized on the Site have not been verified or authenticated in whole or in part by Rezoom, and they may include inaccuracies or typographical or other errors. Rezoom does not warrant the accuracy of timeliness of the Content contained on this Site or provided as part of the Services. Rezoom has no liability for any errors or omissions in the materials, whether provided by Rezoom, our licensors or suppliers or other users. Rezoom makes no representations regarding the presence on the Site of viruses, Trojan horses, worms, spyware, malware, or other harmful, disruptive, or destructive files. While we will make reasonable efforts to prevent such files from appearing on the Site and to remove any such files that do appear, we can make no assurances that such files may not be present or appear and we explicitly disclaim any responsibility for any such files and for any damage or effects caused by such files by reason of access to the Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES AND ANY AND ALL MATERIALS, INFORMATION OR CONTENT PRESENTED BY THE SERVICES IS PROVIDED “AS IS,” AND REZOOM AND ITS AFFILIATES AND LICENSORS DISCLAIM AND MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON–INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE RELIABILITY, AVAILABILITY, SECURITY, ACCURACY OR COMPLETENESS OF THE SERVICES, THE MATERIALS OR ANY INFORMATION OR CONTENT PROVIDED BY THE SERVICES. REZOOM DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
23. Limitation of Liability . YOU UNDERSTAND AND AGREE THAT REZOOM (INCLUDING ITS SUBSIDIARIES, SUPPLIERS, LICENSORS, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS AND INFORMATION PROVIDERS) IS NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF BUSINESS, LOSS OF PROFITS OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES ARISING OUT OF THE USE OF THE SERVICES OR THE SITE, ITS CONTENT, OR ANY INFORMATION, DATA OR MATERIALS TRANSMITTED THROUGH THE SERVICE, OR ANY CONTENT OR INFORMATION PROVIDED ON THE SITE OR ON WEB SITES ACCESSED THROUGH THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF SUCH ACTION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST REZOOM, ITS AFFILIATES AND LICENSORS FROM THE LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU. REZOOM’S MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO DISCONTINUING USE OF THE SITE AND A REFUND OF THE AMOUNT PAID BY YOU FOR THE SERVICES (IF ANY) DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
REZOOM, AND ITS SUPPLIERS, LICENSORS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, AND INFORMATION PROVIDERS ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, SERVICES OR CONTENT, INCLUDING RELIANCE ON ANY OF THE INFORMATION CONTAINED ON THE SITE AND THE USE OF THE SERVICES OR PRODUCTS SOLD. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES OR CONTENT, MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
24. Disputes . Any dispute relating in any way to your this Agreement, the Site, or the Services shall be submitted to confidential arbitration in the City of Tulsa, State of Oklahoma, United States of America except that, to the extent you have in any manner violated or threatened to violate Rezoom's intellectual property rights, Rezoom may seek injunctive or other appropriate relief in any state or federal court in the State of Oklahoma, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator may award legal fees and costs to the prevailing party as part of its decision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
25. Export Control Provisions . Rezoom controls and operates this Site from its offices in the United States of America. The contents of the Site may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws. Our system is currently based in the United States. As a result, we will process your information in the United States, where data protection and privacy regulations may be different than in other parts of the world. If you create an online account to use the Site or Service outside the United States, you are agreeing to the terms of the Privacy Policy and these Terms and you are consenting to the transfer to and processing of all such information in the U.S., which many not offer an equivalent level of protection of that in other jurisdictions.
26. General . Except as provided in a particular legal notice or disclaimer on the Site, this Agreement and the Privacy Policy constitutes the entire agreement between you and Rezoom and governs your use of the Site. This Agreement shall be governed by the laws of the State of Oklahoma. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Tulsa in the State of Oklahoma. The failure of Rezoom to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by the court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
27. Violations . Please report any known or suspected violations of this Agreement, including any suspected copyright or trademark violations, to info@irezoom.com.
Let us know where you're hurting and we'll let you know when we are ready to treat that area.