ZoomBrooms.com Privacy Policy & Terms of Use
Updated May 12, 2021
ZoomBroom Inc. (“ZoomBroom“, “we“ or “us“) is committed to keeping our customers informed about how we use the information we gather from you through the use of each of our websites (collectively, the “Websites“) and by email, on our social media pages, our products and our related mobile applications (collectively with the Websites, the “Media“). This Privacy Policy aims to inform you about how we collect, use, disclose and store information about you when you:
- access or use any of our websites, including product order transactions, downloading materials including product manuals and FAQs,
- use any of our products, services or applications (collectively the “Services“) in any manner,
- participate in a research survey or testing,
register your products with us, and - apply for a position with us.
How do we get information?
Most of the personal information we process is provided directly by you for one of the following reasons:
- You have purchased a product directly from us
- You have purchased a product from one of our retailers and want to register your product or warranty
- You have contacted us for advice as you are interested in purchasing one of our products
- You have registered your product with the ZoomBroom mobile app
- You subscribe to our marketing and product communications, offers, competitions and/or product tips
- You participate in a product review, research or testing
- You request customer support and technical assistance
- You have applied for a job with us
- Third parties who have obtained your consent to share your data
What personal information do we collect?
Websites or Services:
By “personal information“, we mean any information about an individual from which that person can be identified. We collect personal information about you in several different ways depending upon the services you use and information you choose to provide. We collect your information in the following ways:
- When you visit our website, we or companies acting on our behalf may collect technical data about your equipment, browsing actions and patterns. This may include your internet protocol (IP address), login data, browser type and version, time zone setting and country location, browser plug-in types, operating system and platform. We collect this data by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites that employ our cookies. Please see our cookie section for further details.
- If you place an order with us, we will collect your name, address, telephone number, email address and payment information.
- If you simply subscribe to our marketing product communications, offers, competitions and/or product tips without purchasing a product, we will only collect your email address and phone number based on your choice. We may use your email address for additional advertising purposes with our partners.
- If you contact our customer service contact center, your call, email, or chat may be recorded /stored for quality and training purposes.
- If you provide feedback via our post contact survey, your results will be stored to help improve our services.
- If you want to assist us by providing invaluable feedback on new and innovative products by participating in our Consumer Insights or Product Review programs, we will collect your name and contact information. As part of these activities, we may also collect personal information that includes your gender, age range, geographical location, size of your household, whether you have pets or children and use social media. While this information on its own may not directly identify you, it could do so when pieced together.
- If you interact with us on social media, what you post on Facebook, LinkedIn, Instagram and Twitter, sometimes includes data that has been put online and is publicly available. We aim to anonymize data collected through these platforms, but it is not always possible and therefore we may collect your personal information. These online and social media sites are governed by the privacy policy of the company providing the feature, not by our Privacy Policy. You should carefully review those privacy policies before you use these sites to make sure that you are happy with how your personal data is being collected and shared (see the section below ‘Links to third party websites’).
- In connection with your application for employment with us, we will collect, store, and use your cover letter and/or resume, and any information you provide to us during an interview. As you progress through the recruitment process, we may collect further information to support your suitability for the role including interview notes and behavioral assessments. If we make you a conditional offer, then we will also need to collect proof of your identity, right to work, qualifications achieved, criminal record declaration, offences, credit history and references.
- We only collect information from third parties who have obtained your consent to share your data. This may include aggregated demographic data that provide insights into the relative affluence of households, from third party data providers who help us to give you a more relevant experience by enabling us to provide offers, and to give you more relevant services and advice.
- If you visit our office, you will be recorded on Closed Circuit Television (CCTV) which is in operation for security and crime prevention/detection purposes. You will also be asked to sign a visitor’s book for Security and Health & Safety purposes.
Registered products and apps:
Some of our products may be equipped with smart technology, are Internet-enabled, or may be operated through a ZoomBroom mobile app, each of which may allow the product to transmit data wirelessly to ZoomBroom.
- We may collect function and use statistics, such as battery life and health, number of missions, the device identifier, Internet protocol (IP), and cleaning map of the environment accessible to certain models of the connected products.
- When you register your product with a ZoomBroom mobile app, the app may collect and maintain information about the product and app usage, feature usage, in-app transactions, technical specifications, crashes, and other information about how you use your smart product and/or the app.
- Our smart products do not transmit this information unless you register your device online, consent to the use of such information and connect to WiFi or connect to the Internet via another method. It is possible to use our smart products without WiFi transmission simply by disconnecting your WiFi from the device or by never connecting it at all.
How do we use Cookies?
A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first party cookies. We also use third party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. This information helps us understand our customers’ needs so that we may improve your browsing/shopping experience on the Websites. Including other uses not listed below, generally we may use “cookies” to:
- Assist you in navigation and estimate the number of users of the Websites;
- Assist in registering your product, login, and your ability to provide feedback;
- Assist with our promotional and marketing efforts (including behavioral advertising, both on our websites and third-party websites and social platforms).
- Track aggregate traffic patterns: These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages.
- Assist in the personalization and general improvement of your experience on the Websites.
Cookies fall into two general categories: first party cookies (which we set) and third-party cookies (which are set by third parties). We classify cookies in the following categories:
- Strictly Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms.
- Performance Cookies: These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All of the information these cookies collect is aggregated and therefore anonymous.
- Functional Cookies: These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these services may not function properly.
- Targeting Cookies: These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. For information on how to opt-out of certain online advertising practices, please read Online Behavioral Advertising below.
If you disable or delete cookies in your Internet browser settings, you might not be able to access important functions or features, you will be required to re-enter your log-in details and your use of the website may be limited. Please note that if you clear all cookies on your browser, or use a different browser or computer, you will need to complete the opt-out procedure again.
How do we use the information?
We will use your personal data in accordance with the applicable law. For example, we may use your personal information:
- To perform a contract when you purchase goods from us. This includes:
- Creating a Customer Order Record
- Facilitating Financial Fraud checks
- Arranging for delivery or collection of your goods
- Registering and honoring your Warranty
- Facilitation of a Payment Plan Notifying you of a Product Recall
- Where it is necessary for our legitimate interests (or those of a service provider). This includes:
- Monitoring performance of our website
- Analyzing behavior patterns of visitors to our website
- Facilitation of recovering bad debt
- As part of our effort to keep our website secure
- Investigate and prevent fraudulent activities, unauthorized access to the website and services, and other illegal activities
- Inviting you to provide feedback, take a survey or write a product review following a purchase of goods
- Reviewing social media sites to see what our consumers are saying about us
- Arranging for delivery of promotional goods on behalf of a retailer or distributor
- For Job Applications:
- Assess your skills, qualifications, and suitability for the work or role.
- Communicate with you about the recruitment process.
- Carry out background and reference checks, where applicable.
- Keep records related to our hiring processes.
- Comply with legal or regulatory requirements.
- Having received your resume and cover letter or your application form and the results from an assessment which you took, we will then process that information to decide whether you meet the basic requirements to be shortlisted for the role. If you do, we will decide whether your application is strong enough to invite you for an interview. If we decide to call you for an interview, we will use the information you provide to us at the interview to decide whether to offer you the role. If we decide to offer you the role, we will then take up references and carry out a criminal record and any other check before confirming your appointment.
- Where our products and apps may collect information. This includes:
- Collecting and analyzing statistics and usage data, performing aggregate data analyses
- Diagnosing and fixing technology problems, enhancing device performance, improving user experience
- Developing new products
- Providing maintenance notices to customers
- Providing personalized communications, including marketing and promotional messages, such as emails providing product order information when your device indicates a battery is low or may need replacement.
- Where you provide consent. This includes:
- Subscription to our marketing and product communications, offers, competitions and/or product tips
- Participation in Consumer Insights or Product Review and Survey programs including focus groups, in-home testing and in-home research
- Where we need to comply with a legal or regulatory obligation. This includes:
- Recording details of your requests regarding your personal information received
- Notifying you of changes to our Privacy Policy or Terms and Conditions
- Ensuring the personal information we hold about you is up to date and accurate
- Adherence to legislation regarding consumer rights and employment law
- Requests to disclose information to law enforcement or regulatory bodies
- We may also anonymize, aggregate, or otherwise strip any personal information or other information we collect of all personally identifying characteristics and may use or share that aggregated, anonymized data with third parties for any purpose we deem appropriate.
How do we share and disclose information?
We do not sell your Personal Information to anyone. We may share and disclose information (including Personal Information) as outlined below:
- When it is necessary within ZoomBroom for operational reasons such as the use of a group-wide manufacturing, logistic or IT infrastructure.
- We share your personal information with our carefully selected service providers who facilitate services to you on our behalf to fulfil our contractual obligations, or who otherwise assist us in carrying out the purposes we describe in this privacy policy. We have contracts in place with these providers that stipulate they cannot do anything with your personal information without instruction from us and fulfil their service via secure methods.
- Our service providers include:
- Logistics and Transport providers who deliver and collect products to and from your delivery/home address
- Customer Call Center who provide support to our consumers regarding our products and services
- Payment Service Providers
- IT Service Providers who host and manage our systems, applications and data storage
- Digital Marketing providers who invite you to share a review of our products or services after a purchase
- Debt collection agency should you breach the terms of your payment agreement
- We share data with Google Analytics to provide insights on how we can improve the performance of our website and your consumer experience as described in the Cookie section above.
- We will share your personal information if required to do so by law enforcement authorities or regulatory bodies that have asserted a lawful right to access such information, to our legal counsel, or as necessary to protect our property, interests, and rights.
- In the event of a sale of all or substantially all of our business or another similar transaction (such as a sale of a division or business unit), we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in the Policy.
For further information regarding how we share your personal information, please email privacy@ZoomBrooms.com
For how long do we retain your information?
We will only keep personal data for as long as is necessary for the purposes we have collected it and described in this Policy, and as required by law, such as:
- For the duration that you have an account with us
- Until you update your preferences or opt-out of receiving marketing communications (newsletters, competitions, and/or product tips) for which you previously provided consent
- For the time where you have purchased a product from us to facilitate your warranty and our obligations
- Until the time limit for any legal challenges to the supply of the goods or personal injury claim have expired
International Transfer of Personal Information
Our headquarters is in the United States. The personal information that we collect here in the United States may be stored, processed, and transferred between any of the countries in which we operate. The United States and the countries we and our third parties operate in, federal or state or provincial or local governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your personal information under the federal or state or local laws of the country.
Online Behavioral Advertising
We may have relationships with carefully selected and monitored partners, including ad networks and other ad serving providers (“Advertising Providers”) who may serve ads on behalf of us and others on non-affiliated sites and may set cookies during your visit to be used for remarketing purposes. They may also collect information about your online activities over time and across different websites and other online services. Such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your visits to the Websites and elsewhere over time. This site currently utilizes cookies to log when users view specific pages or take specific actions on the Websites. This allows us to provide targeted advertising, control the number of times a user sees a given ad, and facilitate campaign performance reporting.
You can opt-out of receiving personalized ads and ad networks using the opt-out features at Digital Advertising Alliance or the Network Advertising Initiative, and to learn more about this type of advertising by companies participating in the Digital Advertising Alliance self-regulatory program. Note that electing to opt-out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. In addition, note that if you use a different browser or erase cookies from your browser, you may need to renew your opt-out choice. Your browser or device may include “Do Not Track” functionality. Our information collection and disclosure practices, and the choices that we offer, will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.
Security of Your Personal Data
We always do our best to keep your personal information safe. To achieve this, we take reasonable physical, technical and organizational steps to help prevent the loss, misuse, unauthorized access or alteration of your personal information.
We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.
The information you submit via our website is encrypted and we store all electronic personal information on servers to the security standards appropriate to the risk.
While we can take precautions to protect your personal information, it is important that you keep your passwords, account details and other user information secure and confidential. Even though we have taken steps to help protect the personal information in our control, you should know that we cannot fully eliminate security risks associated with personal information. No security measures can provide absolute protection. We cannot promise or warrant the security of any information you provide to us.
We have procedures in place to deal with suspected data security breaches. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
We will NEVER contact you and ask you to provide us with your password. Nor will we require it if you contact our customer services team by telephone, email or live chat. If someone asks you for this do NOT give them your password and please let us know this has happened.
Analytics
On some of our websites, we also may utilize third-party web and mobile application analytics services (such as Google Analytics), to better understand your use of the Website and Services. These providers collect information such as how often users visit the Websites, what pages they visit and what other sites they used prior to visiting, and use the data collected to track and examine the use of the Websites, to prepare reports on its activities and share them with other services. They may use the data collected on the Websites to contextualize and personalize the ads of its own advertising network. Their ability to use and share information collected about your visits to the Websites is restricted by their terms of use and Privacy Policy. Google: Google Analytics Terms of Use and the Google Privacy Policy. Google offers an opt-out mechanism for the web available here.
How Can I Exercise My Rights?
You (our customers and users) may access, correct, and/or update your information by directly accessing any accounts or profiles that you have created with us.
Where required by applicable law, you may have the right to: request access to information that we hold about you; request corrections or updates to your personal information; or, in some cases, ask us to delete your personal information to the extent that we are not required to retain it by law.
This includes:
If you have previously given consent to be contacted by us and no longer wish to be, please email us at the address above requesting that we remove you from our list of consumers who receive correspondence from the Websites or ZoomBroom. Even if you opt-out of sharing your mailing address and general shopping activity, we may still communicate with you using the contact information we have on file regarding your use of the Websites, the status of your orders or your account, or for similar transactional or administrative reasons.
To submit a Consumer Personal information request, please click here.
For California Residents
If you are a California resident, the information below also applies to you. Certain terms used in this section have the meanings given to them in the California Consumer Privacy Act of 2018 (“CCPA”).
- Categories of Personal Information Collected: The personal information that ZoomBroom collects, or has collected from consumers in the 12 months prior to the effective date of this disclosure, fall into the following categories established by the California Consumer Privacy Act
- Identifiers such as your name, address, telephone number and email address
- Information such as credit card details
- Commercial information such as purchase details and history
- Technical data about your equipment, browsing actions and patterns
- Geolocation data, such as the location of your device
- Audio, visual, or similar information such as recording of customer service calls
- Inferences drawn from any of the above such as user preferences or characteristics
- Categories of personal information disclosed for a business purpose: We may share the personal information collected with the third-party service provider:
- Identifiers for providing service and support, processing or fulfilling orders and transactions, verifying customer information, processing payments, or providing similar services
- Technical or internet data to detect security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
- Commercial information to verify or maintain the quality or safety of a product
- Internet user or traffic data
- Privacy Rights: Users may access, correct, and/or update your information by directly accessing any accounts or profiles that you have created with us.
- Access Right: To disclose Personal Information, or Categories of Personal Information, we collect, use and disclose
- Deletion Right: To request deletion of Personal Information we have collected from you
- Opt-out Right: To opt you out of the sale of your Personal Information or marketing communications.
- Sale of Personal Information: CCPA sets forth certain obligations for businesses that “sell“ personal information to third parties. We do not engage in such activity and have not engaged in such activity in the past twelve months from the effective date of this Privacy Policy.
- If you wish to exercise any of these rights, please click here.
- Non-discrimination: ZoomBroom will not discriminate against any consumer for exercising their rights under the CCPA.
For Nevada Residents
Nevada law gives Nevada consumers the right to request that a company not sell their personal information for monetary consideration to certain other parties. This right applies even if their personal information is not currently being sold. If you are a Nevada consumer and wish to exercise this right, please submit your request by filling out the form after clicking here.
Children
Our products and our websites are not designed for children. If we become aware that we have collected personal information (as defined by the United States Children’s Online Privacy Protection Act) from children, we take every reasonable effort to delete or anonymize such data.
If we do unintentionally collect children’s personal information, we will delete it as soon as we become aware.
Links to Third Party Websites
The Websites, from time to time, may contain links to and from third party websites of our partner networks, advertisers, partner merchants, retailers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies. We do not have control over and are not responsible for the content of those sites or how the third parties responsible for them collect and use your personal information. Additionally, our websites may include social media features such as Facebook, Twitter, YouTube, Instagram, and Pinterest buttons (such as “Like,” “Tweet” or “Pin”). Your interactions with these features are governed by the privacy policy of the company providing the feature, not by our Privacy Policy. We do not endorse any of these Linked Sites, the services or products described or offered on such Linked Sites, or any of the content contained on the Linked Sites. We encourage you to seek out and read the privacy policy of each Linked Site that you visit to understand how the information that is collected about you is used and protected.
Contact Us
For the purpose of this Policy, ZoomBroom Inc, is the Data Controller of the information you provide to us.
There are many ways you can contact us, including by phone, email, and post. Our postal address: PO Box 212, Ida, MI 48140
To submit a Data Subject or Consumer Personal Information request, please click here.
For other data privacy questions or requests, please email us at privacy@ZoomBrooms.com or by mail to the address listed above to the attention of “Privacy-Team”.
Changes to the Privacy Notice
We’re constantly trying to improve our Websites and Services, so we may need to change this Privacy Policy at least once a year and will provide the date it was updated. We will alert you to material changes by, for example, placing a notice on our Websites or by sending you an email (if you have registered your e-mail details with us) when we are required to do so by applicable law. You can see when this Privacy Policy was last updated by checking the date at the top of this page. You are responsible for periodically reviewing this Privacy Policy.
This Privacy was last updated: October 2021
Updated: June 3, 2021
BY ACCESSING THIS WEBSITE (“SITE”), YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS (“TERMS”) STATED HEREIN. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THIS SITE.
This Site is made available by ZoomBroom Inc. (“ZoomBroom”), and all references herein to “we” or “us” refer to ZoomBroom. All references herein to “you” or “user” refer to any user of this Site.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms or any aspect of the Site at any time without further notice. We will post changes to these Terms on this web page and will indicate at the top of this page the date these Terms were last updated. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms.
IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS, DO NOT USE OR ACCESS THE SITE. IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK THE SITE TO DETERMINE IF THERE HAVE BEEN CHANGES TO THESE TERMS AND TO REVIEW SUCH CHANGES.
License grant; restrictions
ZoomBroom provides you a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with these Terms. Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any article or other content on this site. Without limiting the foregoing, you may print and download information from this Site solely for your personal use, provided that all hard copies contain all copyright and other such notices contained in such information. You expressly acknowledge and agree that ZoomBroom transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. You may not:
- Use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
- Attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any ZoomBroom server, by hacking, password “mining,” or any other illegitimate means;
- Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
- Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ZoomBroom’s systems or networks or any systems or networks connected to the Site;
- Use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site;
- Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to or through the Site;
- Use the Site in a manner that could damage, disparage, or otherwise negatively impact ZoomBroom or any contributor to or other user of the Site.
User obligations
This Site is not intended for use by children, especially children under age thirteen (13). By accessing or using this Site, you represent and warrant that you are at least eighteen (18) years of age or older, or that you have the express permission of a parent or legal guardian to access or use this Site, and your parent or legal guardian agrees to be bound by these Terms on your behalf. You acknowledge and agree that use of the Internet and access to this Site is solely at your own risk. While we have endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from this Site.
Proprietary rights
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, articles, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by ZoomBroom and its successors and assigns and are protected by law, including but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, ZoomBroom does not grant any express or implied right to you or any other person under any intellectual property or other proprietary rights laws or other laws, regulations, and statutes ZoomBroom enforces its intellectual property rights to the fullest extent of the law. This Site is Copyright © 2021 ZoomBroom Inc. All rights reserved. ZoomBroom owns a copyright in the contents of the Site and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, articles, or materials available through the Site and all copyrights, trade secrets, and know-how related thereto are owned by ZoomBroom, unless otherwise indicated. All trademarks, logos, service marks and trade names (collectively, “Trademarks”) display on this Site or on the content available through this Site are registered and unregistered Trademarks of ZoomBroom or their respective owners. Any use of such Trademarks, including without limitation, as domain names, without the express written permission of ZoomBroom or the appropriate owner is strictly prohibited.
User-submitted content (including blogs and forums)
This Site contains provides tools that allow you to interact with other users of the Site by posting or viewing comments or opinions (“Consumer Reviews”). This section describes the terms and conditions that are applicable to any content (“Contributions”) that you submit to this Site.
Contributions
All comments or opinions expressed using the Consumer Reviews feature are those of their respective contributors and do not necessarily represent the views of ZoomBroom, its management, or employees. ZoomBroom is not responsible and expressly disclaims all liability for the content of any Contribution submitted by contributors to the Site. Without limiting the foregoing, ZoomBroom will not be held liable for Contributions that may infringe a third party’s copyright, trademark, or other intellectual property right. The nature of some Contributions may be offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled. You agree that you are fully responsible for any Contribution that you submit to the Consumer Reviews feature. Without limiting the foregoing, ZoomBroom reserves the right, but is not obligated, to monitor all submissions and exercise editorial control over all such submissions, including without limitation the right to take down or remove any Contributions. ZoomBroom is not responsible for any failure to monitor, review, and/or delete any Contributions submitted to the Site. All Contributions are deemed to be provided on a non-confidential basis. If you make a Contribution, you understand and agree that we may publish your Contribution in its entirety, as an edited version, or not at all, in our sole discretion. We may remove, alter, or otherwise edit Contributions that we deem inappropriate for any reason, in our sole discretion. You bear all privacy and other risks associated with making Contributions to this Site. Accordingly, you should avoid posting personal information such as home address or telephone number. When you submit a Consumer Review, you may have the option to remain anonymous or include your username or your real name with your posting. Unless you choose to have your submission remain anonymous, you understand and agree that your username and/or full name may be posted along with your comment. To that extent, you do not have the same degree of privacy or confidentiality as you may receive in other areas of the Site.
Rules of conduct
You must abide by the following rules of conduct at all times while using the Consumer Reviews feature of the Site. ZoomBroom may impose limits on certain aspects of the Consumer Reviews feature without notice or penalty, in our sole discretion and for any reason, including without limitation if we believe you are in breach of these rules of conduct, the Terms of this Site, or any applicable law.
- Contributions submitted by you must not contain content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, violative of any third party’s privacy rights, violates any applicable law, and/or contains personal information of third parties such as telephone numbers, mail, or email addresses.
- Vulgar language and inappropriate material is prohibited. Abbreviations, self-censoring, and attempts to circumvent the censoring features of our software violates these rules of conduct. If your Contribution contains a word that is censored by the software, you must remove the word or the post.
- The material you post must be original material in which you own the copyright and/or that you have the legal right or license to reproduce, adapt, display, and/or distribute the material to others. Do not post photos, video, software, comments, or other content that is violative of intellectual property rights of others (including, without limitation, copyright, trade secrets, and Trademarks rights) or violative of any federal, state, local, or international laws or regulations, all of which are expressly prohibited.
- You must not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification. ZoomBroom will not tolerate language intended to intimidate or incite violence.
- Do not engage in disruptive activity including without limitation persistent off-topic Contributions or comments, or statements designed to incite other users to violate these terms and these rules of conduct.
- Do not post any instructions, software, or other materials that would harm other users’ computers or allow other users to harm third parties, including without limitation by uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.
- All Contributions must be written in English so that it can be properly monitored by ZoomBroom and received by others.;
- If your Contribution includes a link to an outside website, you must ensure that the content of the link is appropriate for the Site. This rule applies to mentioning or referencing a website, even if the mention is not hyperlinked from your post. If you post a link or reference a website that is inappropriate, you must remove it immediately. Inappropriate links or websites include, without limitation, links and websites that lead to earning cash, banner impressions, credits, points, and other incentives.
- Unless specifically agreed to in writing by ZoomBroom, you may not use the Consumer Reviews feature for any commercial purpose. ZoomBroom prohibits any actions to solicit funds, promote commercial entities or websites, or otherwise engage in commercial activity through the Consumer Reviews feature.
Ownership
ZoomBroom does not claim ownership of any Contribution submitted by you or any other user. By submitting a Contribution, you grant to ZoomBroom a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Contribution and derivative works. In addition, by submitting a Contribution using the Consumer Reviews feature, you grant to ZoomBroom a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to make, have made, use, offer to sell, export, and otherwise transfer or sublicense such Contributions. You also grant ZoomBroom permission to use your Contribution for commercial and noncommercial uses.
Disclaimers
In addition to, and without limiting, any other disclaimers stated in these Terms or elsewhere on the Site, ZoomBroom makes no representations or warranties about any material posted on or made available through the Consumer Reviews feature, including without limitation warranties as to the quality, accuracy, completeness, or fitness for any particular purpose of such material. You are solely responsible for determining and confirming the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability, and timeliness of all user-submitted content. The inclusion of any user-submitted content on this Site does not imply the endorsement or sponsorship of ZoomBroom. You are solely responsible or any and all consequences of any activities, transactions, and relationships that you may conduct or form with other users of the Site.
Links to other sites
We may provide links, in our sole discretion, to other sites on the Internet for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by ZoomBroom and are maintained by third parties over which ZoomBroom exercises no control. Accordingly, ZoomBroom expressly disclaims any responsibility for the content, materials, or accuracy of the information and/or quality of the products or services provided by, available through, or advertised on these third-party websites. These Terms and our online Privacy Policy do not apply to your interactions with third party websites.
Privacy of user information
Please review our online Privacy Policy, incorporated herein by reference, for information about our collection and use practices with respect to information we collect about you when you use the Site.
Limitation on liability and disclaimer of warranties
By using this Site, you agree that ZoomBroom and its owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use Site, any failure or delay by ZoomBroom in connection with Site, or the performance or non-performance of the Site’s features, even if ZoomBroom has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your personal information.
ZoomBroom makes no warranty of any kind regarding the Site, which is provided on an “as is” and “as available” basis. ZoomBroom expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. ZoomBroom is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Site, including without limitation that the Site will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the Site.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
This provision is not enforceable in New Jersey.
Indemnity
You agree to defend, indemnify, and hold harmless ZoomBroom and its affiliates and all of their employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of these Terms.
This provision is not enforceable in New Jersey.
Governing law
The laws of the State of Michigan, without regard to its conflict of law principles, will govern these Terms. Any action to enforce these Terms will be brought in federal or state courts presiding in the Monroe County, Michigan, United States of America and all parties to these Terms expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by ZoomBroom from its offices in Monroe County, Michigan. ZoomBroom makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of this Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable laws.
Entire agreement
These Terms make up the entire agreement between ZoomBroom and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If any of these Terms shall become invalid or unenforceable, the remaining terms shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Credit card policy
Your telephone or online order is an offer to buy from ZoomBroom. ZoomBroom reserves the right not to accept an order at its sole discretion.
Once you have submitted an order, you will receive an automatic e-mail confirming the details of your order (name, address, product ordered, price, etc.). Such e-mail is a confirmation that the order has been received by ZoomBroom and does not constitute acceptance of your order.
ZoomBroom reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of whether your order has been confirmed or your credit card has been charged.
Even though we try to accept all orders, sometimes this might not be possible. If your order is declined or cancelled by us after your credit card has been charged for the purchase, we will promptly issue a credit to your credit card.
Payment for the goods you order are payable by all major credit cards, PayPal, gift prepaid cards, and prepaid credit cards.
The billing address you use when placing your order must match what the respective credit card company has on file. If not, your order will not be processed due to safety and security measures that we have in place for our credit card transaction processing.
All dollar amounts shown on zoombrooms.com are in U.S. dollars.
Entire agreement
These Terms make up the entire agreement between ZoomBroom and you relating to the Site and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If any of these Terms shall become invalid or unenforceable, the remaining terms shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.