Terms & Conditions

Introduction
Thank you for visiting the Zoomist website. We hope that you find our website to be a useful part of your test drive experience. Please note that the services Zoomist provides to you through this website are subject to the terms and conditions in the following Website Agreement, a contract between you and Zoomist that explains the permissible and prohibited activities on this website.

Corrections
If any information we have about you is incorrect or any information contained in this Terms of Use is inaccurate, we will gladly correct it. Simply email us at
support@zoomist.com, noting the incorrect information and the correction. We reserve the right to verify the correctness of any information provided.

Website Agreement

Acceptance of Terms and Conditions.

The terms and conditions in this Website Agreement govern your use of this website. Please take a few moments to review this information carefully. By using this website, you agree that you have read, understand, accept, and will be bound by all of the terms and conditions in this Website Agreement, and you agree not to use this website in contravention of these terms and conditions.

This website is intended for use only by citizens of the United States of America (excluding unincorporated territories, Puerto Rico and Guam), eighteen (18) years of age or older, who have the capacity to enter into a valid contract; by accessing this website, you represent and affirm that you meet these requirements.Zoomist reserves the right to amend any part of this website at any time without notice and without incurring any obligation unless prohibited by applicable law.  Zoomist will provide to you all notices as required by law in the event of such change.  We encourage you to periodically review this Terms of Use and Website Agreement for amendments.

Minors
In compliance with the Children's Online Privacy Protection Act, Zoomist does not knowingly or intentionally solicit or collect information from minors, and our marketing is not directed at minors.  If we determine that a user is under eighteen (18) years of age and has submitted information by way of our website, we will immediately delete such information.

Accuracy of Website Information
Zoomist designed this state-of-the-art website to meet your automobile test-drive, rental, and loaner management needs by providing you with accurate and up-to-date information about management of your vehicle fleet, customer accounts, and test drive history across the country.  Despite our best efforts, however, it is inevitable that some inaccuracies may occasionally be
present.  Additionally, Zoomist makes no representation or warranty regarding the accuracy of the photographs on this Website, and is not responsible for photographs uploaded by others.  Please contact the dealer where a vehicle is located to confirm the accuracy of the contents of our Website before you visit that store location.  Further, Zoomist reserves the right to change product pricing and specifications, as well as the terms of our guarantees and warranties without notice.

In addition, you understand and agree that the information provided on this website is advertising only and in no way constitutes an offer for the sale of goods or to provide a service.  To this end, and to the extent permitted by applicable law, Zoomist will not be responsible for errors found on this Website, including but not limited to, pricing errors or an incorrect statement of accessories on a particular vehicle.

Ownership and Proprietary Rights

All information contained in this website, unless otherwise stated, is owned solely and exclusively by Zoomist and/or applicable dealers.  You acknowledge and agree that all contents and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws.  By permitting you to access and use this website, neither Zoomist nor any dealer has granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of the owner; however, vehicle information and the online test drive application may be printed for your non-commercial, personal use only.  You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this website.  You may not use any metatags or any other "hidden text" utilizing Zoomist's name or trademarks without the express written consent of Zoomist.  In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our website is strictly prohibited.

Intellectual Property

The ZOOMIST name and the Zoomist logo are proprietary trademarks and service marks of Zoomist.  Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible.  All other trademarks not owned by Zoomist that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Zoomist.

Warranty Disclaimer

ZOOMIST MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THIS WEBSITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR WEBSITE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ZOOMIST DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. ZOOMIST SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE ZOOMIST WEBSITE, OR FOR DAMAGE RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Usage and Ownership of Customer Information

All information submitted to Zoomist through our website becomes and remains the property of Zoomist. Consequently, we may use any information you submit for any purpose we deem appropriate in accordance with this Terms of Use and our Privacy Policy. We maintain strict physical, electronic and administrative safeguards to protect your personal information from unauthorized or inappropriate access.  We restrict access to information about you to those Zoomist employees who need to know the information to respond to your request or inquiry.  We do not disseminate your information to third parties other than the dealers from whom you request services, and by using this Website, you agree to the dissemination to dealers of some or all of the following information you provide as part of your use of this Website:  name, address, birthdate, drivers license number, phone number, and automobile insurance policy number and expiration date, and automobiles owned by you.

Legal Disputes and Choice of Law

If there is a legal dispute of any kind about or arising out of the use of this website, the laws of the State of New York will govern such dispute without regard to its conflict of laws rules.  You agree that if any part of these terms and conditions is found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.  By using this website you expressly agree and submit to personal jurisdiction and exclusive venue in the state and federal courts located in the New York, New York.

Violations of Website Agreement

In the event you violate or attempt to violate any part of this Website Agreement, Zoomist reserves the right to terminate your access to this website immediately, at our sole discretion, with or without notice of any kind.  Zoomist also reserves the right to involve and cooperate with law enforcement agencies, and to pursue a civil lawsuit or criminal prosecution for any and all alleged or actual illegal activities involving this website.

Indemnification

You agree to indemnify, defend, and hold harmless Zoomist from and against any and all claims, proceedings, damages, injuries, losses, costs, and expenses (including reasonable attorneys' fees), relating to your use of this website that leads to any claim against us by a third-party, regardless of the nature of the cause of action or claim.

Severability and Integration

In the event any part of this Website Agreement is found to be unenforceable, the remainder shall continue in full force and effect.  You understand and agree that this Website Agreement represents the entire agreement governing your use of this website.

Reservation of Rights

Any and all rights not expressly granted to you in this Terms of Use and this Website Agreement are hereby reserved by Zoomist.


 

SECTION I:  General Privacy Policy

Thank you for visiting the Zoomist website (including its mobile device-ready version) or using the Zoomist mobile application.  In this Privacy and Safeguards Notice, we refer to our websites and mobile application together as our "Media."  We hope that you find our Media to be a useful part of your test-driving experience.  Please note that this SECTION I:  General Privacy Policy describes our overall privacy practices for the Media.  SECTION II applies to California users.  

If any information we have about you is incorrect, we will gladly correct it. Simply email us at support@zoomist.com noting the incorrect information and the correction.  We reserve the right to verify the correctness of this information.  Please note that in the event we amend the Privacy Policy, posting the amended version will serve as notice to you of that change and the policy will note its effective date.

Some information collected is non-identifying. For example, although our Media servers collect information about a user's internet protocol address, our server is not able to automatically associate that information with a particular user.  We may collect non-identifying information associated with that address, such as the time and date of a visit, the originating domain name, the browser type, and the particular pages or products viewed on the Media.

With respect to unrelated, third party web sites, such as third party online retailers, advertisers, or unrelated sites that we may happen to link to, or web sites that link to our website, those third parties may collect personal information directly from you.  The information policies and practices of these unrelated parties are not covered by this privacy policy.  We do not control the privacy policies of third parties even if we may provide hyperlinks or other access to their web sites.  We are not responsible or liable for their independent policies and practices.  Please review their privacy policies and practices.  It is your responsibility to review them and decide if you are satisfied with their protections.

Some browsers have a "do not track" feature that lets you tell websites that you do not want to have your online activities tracked.  These features are not yet uniform, so we are not currently set up to respond to those signals.

We collect certain personally identifying information that users voluntarily provide to us.  For example, we collect the email addresses of those who contact us by email. When you register for a Zoomist account, we collect your full name, email address, zip code and a password chosen by you.  You may also provide dealers and other third parties with personal information such as your address, phone number, date of birth, drivers license number, automobile policy number and expiration date, and the automobiles currently owned by you.  As described above, we use that information to provide the services we provide through the Website.  

We take commercially reasonable steps to protect the information we collect online.  However, as effective as these measures are, no security system is impenetrable.  We do not provide an absolute guarantee of the security of our information databases, nor do we guarantee that the information you may choose to supply will not be intercepted while you transmit it from your computer, over the internet, or along other third party networks, and to our systems.  

When you use our mobile device-ready website or mobile application (our "Mobile Media"), we may collect additional, non-personally-identifying information about you that is specific to your mobile device.  We work with analytics companies to help us understand how our Mobile Media are being used, by how many users, for how long, and how frequently.  Using analytics, we receive counts of the screens and features of our Mobile Media that are used, the countries from which they are used, device language settings, and the types of devices, operating systems, browsers, carriers, IP addresses and wireless connections our users are using.

With your consent, our Mobile Media collects precise information about the geographic location of your device to provide you with information about Zoomist-affiliated dealers that are in your vicinity.  If your device is equipped with GPS or can connect with wireless access points or hot spots, or if your device is also a phone that communicates with cell towers or satellites, then your device is able to use these features to determine its precise geographic location.  If you have consented using your device's user interface, the geographic location of your device will be transmitted to our servers in real time any time that our mobile application is running (even if you are not actively using the application or it is minimized on your device).  Once you set your device to transmit its location information to us, your device will continue to transmit its location information to us (when it is open) until you set your device to no longer do so.  You may at any time opt-out from further allowing us to have access to your device's location information by accessing the application's location settings on your device and setting your device not to share its location with us.

 

We use the information received from your device to operate our Mobile Media, respond to your requests and manage your Zoomist account.  For example, we use the information to provide you with the results of your searches; to provide you with important information and required notices; and to improve our Mobile Media.  If you have provided your email address as part of your Zoomist account, we use your email address to distinguish you from others and to reset your password if you report that it has been lost or stolen.  We also use your email address and password to enable you to migrate your account to another device.

You can stop all collection of information by our mobile application by uninstalling it.  You may use the standard uninstall process on your mobile device or the mobile application marketplace or network.

We maintain presence on several social networking and blogging platforms, such as Facebook and Twitter, and we also incorporate some third party social networking features onto our Media.  Through these platforms and features, we receive some personally identifying information and some usage information about you, and this Privacy and Safeguards Notice applies to that information as well.  In addition, third party social networking platforms and blogging platforms have their own privacy policies which explain how the third parties that provide them will use and protect your information. In accordance with those policies (and your privacy settings within your social networking accounts) information about your activities on our Media (such as "Mary Smith likes this car" or "John Smith viewed this customer review") may be published to your social network.

II.       CALIFORNIA USERS: YOUR CALIFORNIA PRIVACY RIGHTS 
For residents of California Only.  Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers' personal information with third-parties. These businesses are required to accept such requests from customers but are only required to honor one request per calendar year.  Businesses have thirty (30) days to respond to each inquiry.  Each inquiring customer will receive an explanation of the categories of customer information shared and the names and addresses of the third-party businesses.  In limited circumstances, customers' failure to submit requests in the manner specified will not require a response from the business.

 

If you are a current Zoomist customer in California, you may request such information from Zoomist by sending an email correspondence noting your name, address, and email address. You must also include a request that Zoomist provide such information to you using the following or similar verbiage. "I request that Zoomist provide its third-party information sharing disclosures required by section 1798.83 of the California Civil Code." Send your message to the following email address:  support@zoomist.com.