This zoomMediaPlus Service Terms and Conditions Agreement (the "Agreement") sets forth the terms and conditions of service (the "Service Terms and Conditions") upon which zoomMediaPlus, Inc. ("zoomMediaPlus") will provide you prepaid 24zoomConnect Internet™ mobile broadband service (the "24zoomConnect Internet Service"). In this Agreement, "you" and "your" mean the customer of the 24zoomConnect Internet Service provided by zoomMediaPlus, and "we", "our" and "us" mean zoomMediaPlus and any zoomMediaPlus affiliate authorized to provide you with the 24zoomConnect Internet Service.
By using the 24zoomConnect Internet Service, you are agreeing to be bound by all the Service Terms and Conditions contained in this Agreement. If you do not agree to these Service Terms and Conditions, you should not use the 24zoomConnect Internet Service. These Service Terms and Conditions govern whether you activate the 24zoomConnect Internet Service through zoomMediaPlus directly or whether you do so through a third party. If you do not want to accept the Service Terms and Conditions, do not use the 24zoomConnect Internet Service. Instead, contact 24zoomConnect Internet Service customer services at 1-844-545-2424.
You may not assign your rights or delegate any of your duties under this Agreement without our prior written consent, and any attempted assignment or delegation without such consent is void. Account balances are non-transferable between accounts or devices without our prior written consent, and any attempted transfer without such consent is void. We may assign all or part of the Agreement or your monies owed without notice to you.
zoomMediaPlus reserves the right, from time to time, with or without notice to you, and in our sole and absolute discretion, to change any part of the Service Terms and Conditions, including but not limited to, rates, plans, charges, how we calculate charges, discounts, coverage, and technologies used to provide 24zoomConnect Internet Service. The most current version of the Agreement can be reviewed by clicking on the "Service Terms and Conditions" link located at the zoomMediaPlus website (http://www.24zoomconnect.com). The most current version of the Agreement will supersede all previous versions. Your use of the 24zoomConnect Internet Service and continued use of the 24zoomConnect Internet Service after changes are made means that you agree to be bound by such changes.
The 24zoomConnect Internet Service is provided through a nationwide wireless carrier ("Carrier"), and is only available in geographic areas covered by the digital service network footprint of the Carrier. Notwithstanding any provision of this Agreement that may be to the contrary, it is expressly acknowledged by the parties hereto that the Carrier is an intended beneficiary of the provisions of this Agreement related to 24zoomConnect Internet Service, including but not limited to provisions related to disclaimer of warranties, limitation of liability, dispute resolution and arbitration.
Wireless services use radio transmissions and coverage is not available everywhere. Quality of service may be affected by conditions within and beyond Carrier's control, including atmospheric, geographic, or topographic conditions, or by damage to your device. Neither the Carrier nor we guarantees that the 24zoomConnect Internet Service will be available at any specific time or geographic location, or that the 24zoomConnect Internet Service will be provided without interruption. Any statements or maps provided by us or the Carrier or our representatives, agents or dealers about coverage are intended to provide high-level estimates of coverage areas when using the service outdoors under optimal conditions and do not mean that service will be available under all circumstances, at all times or without interruption. Estimating wireless coverage and signal strength is not an exact science. There are gaps in coverage within the estimated coverage areas that, along with other factors both within and beyond the Carrier's control, may result in service interruptions, slower data speeds, or lower quality of service. You should therefore never solely rely on the 24zoomConnect Internet Service for emergency communications.
The term of this Agreement shall commence upon registration of your device using the 24zoomConnect Internet Service. This Agreement shall remain in effect for as long as you maintain an account with unexpired data or add additional data to your account within six (6) months of your last use of data, unless earlier terminated by zoomMediaPlus by giving notice or otherwise terminated in accordance with the terms of this Agreement. Sections 12, 13, 14, 15, 16, 17, 18, 19 and 21 shall survive termination of this Agreement.
Your 24zoomConnect Internet Service will not expire until your metered data is exhausted, or if sooner, after any six (6)-month period of continuous account inactivity. For this purpose, account activity includes use of 24zoomConnect Internet Service and the purchase and addition of data to your account.
24zoomConnect Internet Service is for personal or business use only, and in using the 24zoomConnect Internet Service you agree to comply with all applicable laws.
24zoomConnect Internet Service and any related data services are provided solely for purposes of web browsing, messaging, and similar activities. You are responsible for all data activity from and to your device regardless of who initiates the activity. Unless you maintain a valid method of payment on file and subscribe to auto-plan renewals and auto-data refills, you may not be allowed to use the 24zoomConnect Internet Service with applications and systems that drive continuous heavy data sessions and generate excessive amounts of traffic. We reserve the right to limit, suspend or terminate without notice any misuse of our network or violation of these Service Terms and Conditions.
The 24zoomConnect Internet Service is a prepaid service. You authorize us to charge your credit card as needed to pay for the purchase of data plans and other services as they may be offered from time to time. By selecting the auto-renew option offered with a plan or service, you also authorize us to automatically charge your credit card and renew such data plan or service at the time it expires or, in the case of a data plan, when the data balance expires. Certain plans have built-in auto-refill feature to ensure uninterrupted Internet access and service. By purchasing such plans, you also authorize us to automatically charge your credit card and refill your account at the time when the data balance expires.
Although the 24zoomConnect Internet Service is a prepaid service, we, at our sole discretion, may allow for overage to occur in order to ensure uninterrupted service to you. You agree that if such is the case you are responsible for the cost of the overage and that we may either charge your credit card for usage exceeding the prepaid data plan or deduct the overage from the data plan that you purchase after an overage occurs. We reserve the right to charge for overage a higher data rate per megabyte than the average data rate per megabyte that was charged for the prepaid data plan.
We retrieve data usage information from the network operator and provide you tools to monitor your data usage and view your data balance. Although we strive to provide the most up–to–date information, we are not responsible for delayed or inaccurate data usage information received from the network operator. Your data usage is broken into usage sessions that we process as received from the network operator and charge each data usage session by the full megabyte. We also monitor your account balance and check when it reaches or goes below a certain threshold, which is solely determined by us and typically is set at less than 10% of the data amount included in a data plan product. When your account balance reaches or goes below the threshold, we send you a notification and either renew your data plan if auto-renew is selected or, if auto-renew is not selected, throttle down your network access rate until you purchase a new data plan. Data plans are purchased in multiples of megabytes or gigabytes where we count one gigabyte as equal to one thousand megabytes.
All purchases are final and non-refundable. You are responsible for providing accurate and maintaining up–to–date credit card information. A credit card chargeback does not release you from your responsibility to pay for products, data plans and services. You are responsible for any cost associated with credit card chargebacks. We reserve the right to cancel your account or refuse service on chargeback, suspected credit card fraud, or denied credit card payment.
We reserve the right to issue a warning and to suspend or terminate your service and access to the 24zoomConnect Internet service website or any other website we operate or to our service at any time if we determine in our sole discretion that you have violated the Service Terms and Conditions or any of our rules or policies or for any other reason in our sole discretion. We also reserve the right to deny, disconnect, modify and/or terminate 24zoomConnect Internet Service, without notice, to anyone we believe is using the 24zoomConnect Internet Service in any manner prohibited or whose usage adversely impacts the Carrier's wireless network or service levels or hinders access to the Carrier's wireless network. We reserve the right to terminate the 24zoomConnect Internet Service if we believe that your device is no longer in use as evidenced by a period of inactivity in excess of six months.
To comply with appropriate legal process, we may disclose to government agencies and law enforcement authorities any information, including your name, account history, account information or other transmission data that is properly requested by law enforcement.
We and you each agree to contact each other first with any disputes. You must contact us with any dispute by visiting http://support.24zoomconnect.com and sending us an email using the link provided or by calling 24zoomConnect Internet customer service at 1-844-545-2424. Please provide a description of the problem, all relevant documents/information and the proposed resolution. We will contact you at the last address that you have provided to us or by phone. We each agree to negotiate in good faith to resolve any dispute. If the dispute cannot be resolved in this manner, then it shall be resolved by arbitration as set forth in Section 13 below, provided that we shall not elect to use arbitration for any Claim (defined below) that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the small claims court.
If for any reason, a claim proceeds in court rather than through arbitration, we each waive any right that we may have to trial by jury in any lawsuit or other proceeding to the extent permitted by law.
We and you agree to limit claims for damages or other monetary relief against each other to direct and actual damages unless prohibited by law. You agree that we and our business partners (including the Carrier) are not liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services or under any legal theory, including fraud, misrepresentation, breach of contract, personal injury, product liability or any other theory. We assume no risk or responsibility for your use of any Content. We are not liable for (1) any act or omission of any other company furnishing a part of our service or any equipment provided for such service; (2) errors or omissions of our business partners; or (3) any damages that result from any product or service provided by or manufactured by third parties. You acknowledge that no fiduciary relationship or other special relationship exists between you and us, by virtue of the Service Terms and Conditions or your use of the 24zoomConnect Internet Service.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED HEREUNDER OR ANY SOFTWARE USED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, AND TO THE EXTENT PERMITTED BY LAW, WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUALITY, NON-INFRINGEMENT, PERFORMANCE OR ACCURACY. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. THE ZOOMMEDIAPLUS AND 24zoomConnect Internet WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER WE NOR THE CARRIER PROMISE ERROR-FREE OR UNINTERRUPTED SERVICE AND NEITHER WE NOR THE CARRIER AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALVES.
You agree to indemnify us, our affiliates, our business partners and their respective officers, agents, members, managers, partners and employees, from any and all liabilities, settlements, penalties, claims, causes of action and demands brought by third parties (including any costs, expenses or attorneys' fees on account thereof) resulting from your use of the 24zoomConnect Internet Service, or use of our services by another person who uses your device and/or our services, whether based in contract or tort (including strict liability) and regardless of the form of action.
Neither zoomMediaPlus nor its business partners are responsible for lost or stolen prepaid cards for 24zoomConnect Internet Service. Prepaid cards are not refundable, returnable nor exchangeable and have no cash value.
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of laws provisions.
This Agreement, as modified by any changes from time to time pursuant to Section 3, constitutes the complete and exclusive agreement between zoomMediaPlus and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, representations, understandings, or agreements not specifically incorporated herein.
Revised December 2015