Terms & Conditions
ZOOMER TECHNOLOGY, INC.
END-USER LICENSE AND TERMS OF SERVICE
PLEASE READ THE FOLLOWING END-USER LICENSE AGREEMENT AND TERMS OF SERVICE (“AGREEMENT”) CAREFULLY.
BY DOWNLOADING, ACCESSING, INSTALLING OR USING GOODY’S MOBILE APPLICATION (“THE APP”) OR WEBSITE (“THE SITE”), OR BY USING OR RECEIVING ANY SERVICES SUPPLIED TO YOU BY GOODY (COLLECTIVELY WITH THE APP AND THE SITE, “THE SERVICES”), YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THE TERMS OF THIS AGREEMENT, AND YOU AGREE TO THE ARBITRATION AGREEMENT (UNLESS YOU FOLLOW THE OPT-OUT PROCEDURE) AND CLASS ACTION WAIVER DESCRIBED IN SECTION 19 OF THIS AGREEMENT TO RESOLVE ANY DISPUTES WITH GOODY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, INSTALL OR USE THE SERVICES.
If you do not agree to be bound by this Agreement, then you may not use the Services. Goody reserves the right to modify this Agreement at any time without prior notice. You agree that each visit you make to the Site or the App will be subject to the then-current Agreement, and continued use of the Services now or following modifications in this Agreement confirms that you have read, accepted, and agreed to be bound by such modifications. The term ”you” or “user” shall refer to any person or entity who uses, downloads, accesses, browses the App or the Site or uses or receives any Services.
As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages”). You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from Goody.
3. License Grant. Subject the limitations contained in this Agreement, your compliance with this Agreement and your payment of any applicable fees, Goody hereby grants to you, subject to the terms and conditions of this Agreement, a limited, non-exclusive, non-transferable, non-sub-licensable, personal license to access and make personal and non-commercial use of the Services (including updates and upgrades that replace or supplement the Services in any respect and which are not distributed with a separate license, and any documentation) on a mobile device or computer that you own or control, subject to the limitations set forth below. This license does not include any resale or commercial use of any Service, or the Products; any collection and use of any Product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Agreement does not permit you to install or use the App on a mobile device that you do not own or control and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
All rights not expressly granted to you in this Agreement are reserved and retained by Goody or its suppliers, rights-holders, or partners. No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Goody. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Goody without express written consent. You may not use any meta tags or any other “hidden text” utilizing Goody’s name or trademarks without the express written consent of Goody. You may not misuse the Services. You may use the Services only as permitted by Law and this Agreement. The licenses granted by Goody terminate if you do not comply with this Agreement.
5. Terms of Service. You agree that: (a) you will not use the Services if you are not fully able and legally competent to agree to the terms of this Agreement; (b) you will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (c) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”; (d) you will not use the Services to cause nuisance, annoyance or inconvenience; (e) you will not impair the proper operation of the network, (f) you will not try to harm the Services in any way whatsoever; (g) you will not copy, or distribute the Services or other content without written permission from Goody; (h) you will only use the Services for your own use and will not resell it to a third party; (i) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (j) you will only use an access point or 3G/4G data account which you are authorized to use; (k) you will provide us with whatever proof of identity we may reasonably request; (l) you will provide our driver with your state issued ID when the delivery arrives that proves that you are the requisite age as applicable, and, if such state issued ID was not issued by the state in which such delivery occurs, upon request, you will provide such other form(s) of identification as may be requested by the driver; (m) we may decline your delivery request for any reason; and (n) you are aware that a non-refundable $20 restocking fee (“Restocking Fee”) will be automatically charged to you if your delivery has been declined for any reason. Goody makes no representation as to any Laws of any jurisdiction regarding the sale, service, transportation or delivery of Products to a customer/consumer, including you. Goody shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in this Agreement or to comply with applicable Law. Goody explicitly reserves the right to refuse access to the Services at any time without notice for your failure to abide by the terms as set forth in this Agreement or to comply with applicable Laws.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GOODY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES OR THE PRODUCTS (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. GOODY DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, (D) DEFECTS IN THE SERVICES WILL BE CORRECTED OR (E) THAT THE APP WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GOODY OR ITS AUTHORIZED AGENT OR REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL ANY GOODY ENTITY BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF A GOODY ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, INCLUDING ANY LOSS OF PROPERTY OR REVENUES OR ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SERVICES INITIATED OR COMPLETED BETWEEN YOU AND GOODY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
If, for any reason, a court finds Goody liable for damages notwithstanding the foregoing, in no event shall the Goody Entities’ total liability for all damages arising out of or in connection with the Services or this Agreement exceed the amount paid by you to Goody for your use or receipt of the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms of this Agreement and that Goody would not be willing to perform the Services or grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Goody to grant you the rights set forth in this Agreement.
Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Goody by you (collectively “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Goody or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Goody. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Goody and Goody may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Goody any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Goody’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
If you do not want to arbitrate disputes with Goody and you are an individual, you may opt out of this arbitration agreement by sending an email to our customer support team at email@example.com within 30 days of the earlier of the day you first access or use the App and the day you first receive any of the Services.
If you intend to seek arbitration you must first send written notice to Goody of your intent to arbitrate (“Notice”). The Notice to Goody should be sent by any of the following means: (i) electronic mail to: firstname.lastname@example.org;
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THIS AGREEMENT AS A COURT WOULD.
If you intend to seek arbitration you must first send written notice to Goody’s Customer Service Center of your intent to arbitrate (“Notice”). The Notice to Goody should be sent by any of the following means: (i) electronic mail to email@example.com; or (ii) sending the Notice by U.S. Postal Service certified mail to our registered agent Reza Marashi at 510 West 6th Street, Suite 728, Los Angeles, CA 90014. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or Goody may commence an arbitration proceeding. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules as modified by this Agreement, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The number of arbitrators shall be one. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse all AAA filing, administration and arbitrator fees paid by you for claims totaling less than $10,000, unless the arbitrator determines that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), in which case the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Goody for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Goody will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claim or the relief sought is improper or not warranted. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to the paragraph below.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.
This Agreement sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.