1. ACCEPTANCE OF TERMS
All users of Zocate.com agree to abide by the Terms and conditions of use set forth herein and any and all policies and
procedures of use. All users who post reviews, advertise on this site, or register to become paying members of Zocate.com
are considered “users” of this site and are bound by the Terms.
Zocate, LLC reserves the right to modify these Terms by posting a notice on our website, or by sending you a notice via email,
postal mail or phone. All users shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification, and use of our website or any services by you following such posting or notification constitutes your acceptance of these Terms as modified.
Accessing the site, downloading materials, advertising, or completing the registration form to become a member shall
constitute your agreement to the terms and/or modification of the Terms.
2. ZOCATE LLC and ZOCATE.COM SERVICES
Zocate LLC provides users with access to an abundance of on-line Services and resources, including and without limitation to advertising services, couponing services, educational resources and tools, motivational/inspirational resources and tools, the ability to contact merchants from whom consumers or businesses may transact business, or make connections either virtually or through networking and promotional events. Unless explicitly stated otherwise, any new features that enhance the current Services shall be subject to these Terms. In order to use the Services of Zocate.com, you must have internet access and pay any service fees associated with such access as necessary. Consumers seeking the products or services of the merchant members of this site do not pay any fees to view the posted advertisements of the paying merchant members.
3. ACCOUNT USERS AND REGISTRATION OBLIGATIONS
The Services of this site are available to individuals who are at least 18 years old and a resident of the United States. Zocate LLC may refuse to offer our Services to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
In order to take advantage or use some of the features offered to merchants, you are required to register and/or create an account with Zocate LLC. By creating an account, you agree to take full responsibility for maintaining the account user name, password, and all related activity that occurs under your account username. Zocate LLC reserves the right to close your account at any time for any reason or no reason, in its sole discretion.
By the act of completing the registration process and becoming a member of this site you agree that you understand the features, benefits and limitations of your membership. Zocate, LLC reserves the right to modify these features, benefits, and limitations of the membership at any time.
In consideration of use of the Services and becoming a member of Zocate.com, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the registration form and maintain, and promptly update the registration information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zocate LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zocate LLC has the right to suspend or terminate your account and refuse any and all current or future use of its Services (or any portion thereof).
You understand and agree that the service may include certain electronic and telephone communications from Zocate LLC, including but not limited to, service announcements, status reports, administrative messages and the Zocate LLC Newsletter, and that these communications are considered part of Zocate LLC membership and (except as prohibited by applicable law) you may not be able to opt out of receiving them particularly when they pertain to membership account information, concerns, or updates.
at http://www.Zocate .com/privacy.html, which is incorporated by this reference.
5. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, lists or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Zocate LLC, are entirely responsible for all Content that you upload, post or otherwise transmit through this site’s Services. Zocate LLC does not control the Content posted by it’s members or users and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements, ratings, and commentary. You understand that by using Zocate.com’s Services, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use Zocate.com’s Services to:
a) Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable in any way;
b) Impersonate any person or entity, including, but not limited to, a Zocate LLC official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this site’s Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
d) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e) Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
f) Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g) Promote or use the site for a commercial purpose for competitive products, except as expressly permitted by Zocate LLC;
h) Keyword spam or to otherwise attempt to manipulate search results;
i) Interfere with or disrupt the Services or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to the Services of Zocate.com;
j) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k) "Stalk" or otherwise harass another individual or merchant;
l) Collect or store personal data about users, any individual or merchant (including for the purposes of advertising to or soliciting any Zocate LLC user to buy or sell any products or services) other than customers who willingly provide such information in order to explore bona fide business opportunities or connections.
m) Create or submit unwanted email or messaging ('Spam') to any other Zocate LLC user.
n) In addition, you agree that all hyperlinks and other offers comprising the Services may not be modified from the original form in which such hyperlinks and other offers are generally made available by Zocate LLC.
If you as a merchant use either the sales, promotion, or the couponing feature to provide consumers with such sales or promotions through the Zocate.com website, you represent and warrant that you have authority to offer such a deal and promise to honor the terms of that deal as they are presented to the consumer through the Zocate LLC website. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify Zocate LLC
against any claims by users of the service that the terms of a coupon or other offered deal were not honored.
7. CONTENT SUBMITTED TO ZOCATE.COM AND/OR ZOCATE LLC
Zocate LLC does not claim ownership of the Content you place on your Zocate.com membership ad or ratings endorsements
or other Content posted by a member or user. By uploading, submitting or otherwise disclosing or distributing content of any
kind on the Zocate LLC website or otherwise through the Zocate.com Services, you:
a)Grant to Zocate LLC, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form
for the purpose of providing the Services, including without limitation, any concepts, ideas or know-how embodied therein;
b)Represent and warrant to Zocate LLC that you own or otherwise control all rights to such content and that disclosure and use
of such content by Zocate LLC (including without limitation, publishing content at the Zocate.com website) will not infringe or
violate the rights of any third party; and
Acknowledge that the content may not be treated confidentially.
c)You agree not to provide Zocate LLC with any confidential or proprietary information that you desire or are required to keep secret.
d)You acknowledge that Zocate LLC does not pre-screen Content, but that Zocate LLC and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via this site’s Services. Without limiting the foregoing, Zocate LLC and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold Zocate LLC., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising
out of your Content, your use of the Services, your connection to the Services or Zocate.com, your violation of the Terms,
or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services of the Zocate.com website,
use of the Services, or access to the Services of the Zocate.com website.
10. MODIFICATIONS TO SERVICE
Zocate LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the
Services (or any part thereof) with or without notice. You agree that Zocate LLC shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
You agree that Zocate LLC, in its sole discretion, may terminate your password, Zocate.com site, use of the Services or use of any other Zocate LLC service, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Zocate LLC believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Zocate LLC may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Zocate LLC may immediately deactivate or delete your membership or user Services and all related information and files, links, images, or other data you have posted to the Zocate.com site and/or bar any further access to such files or other Services. Further, you agree that Zocate LLC shall not be liable to you or any third-party for any termination of your access to the Service.
Zocate LLC runs advertisements and promotions on the Zocate.com website. By creating your Zocate LLC membership, you agree that Zocate LLC has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Zocate LLC are subject to change at the sole discretion of Zocate LLC.
13. COUPONS, DEALS, AND PROMOTIONS
Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Services provided on the Zocate.com website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree that Zocate LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. REFUNDS, BILLING AND CANCELLATION
Zocate, LLC has a NO REFUND policy. There are no refunds except as explicitly permitted by this agreement, the merchant agrees to maintain service with Zocate LLC for the minimum term they originally agreed to upon registration with this site. After that, the merchant becomes a month–to–month customer under this agreement. The merchant may agree to purchase additional annual memberships at their discretion. The merchant can cancel their account any time after the minimum term. All cancellation requests must be submitted online through the merchant's account manager via their Zocate.com “back office” access.
The Zocate.com Services, users, or members may provide, or third parties may provide, links to other internet sites or resources. Because Zocate LLC has no control over such sites and resources, you acknowledge and agree that Zocate LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Zocate LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. ZOCATE LLC PROPRIETARY RIGHTS AND COPYRIGHTS
Zocate LLC respects the intellectual property rights of others and we expect our users to do the same.
You agree that all content and materials delivered via Zocate.com’s Services or otherwise made available by Zocate LLC are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Zocate LLC in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at Zocate LLC's website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from Zocate LLC's website to create or compile, directly or indirectly, a collection, database or directory without written permission from Zocate LLC is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to $3,000 in penalties per instance (except as prohibited by applicable law) or the maximum allowed by law.
Reproducing, copying or distributing any content, materials or design elements on the Zocate LLC website for any other purpose is strictly prohibited without the express prior written permission of Zocate LLC. Use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Services provided by Zocate LLC or Zocate.com and any necessary software used in connection with these Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Zocate LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by Zocate LLC and Zocate.com for use in accessing those Services.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZOCATE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ZOCATE LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ON THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZOCATE LLC OR THROUGH OR FROM THE ZOCATE.COM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL ZOCATE, LLC (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF ZOCATE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF CERTAIN SECTIONS OF THESE TERMS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. Zocate, LLC may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Zocate.com website.
21. GENERAL INFORMATION
The Terms constitute the entire agreement between you and Zocate LLC and govern your use of the Service, superseding any prior agreements between you and Zocate LLC (including, but not limited to, any prior versions of the Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sub licensable by you except with Zocate LLC's prior written consent. Zocate LLC may assign, transfer or delegate any of its rights and obligations hereunder without consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Zocate LLC services, third-party content or third-party software. The Terms and the relationship between you and Zocate LLC shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and Zocate LLC agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona. The failure of Zocate LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
All affiliates agree to the Affiliate “Terms of Service” provided when they register join the Affiliate Program in addition to the Zocate.com website user and member Terms provided herein.
Please report any violations of the Terms to us at tosviolation@Zocate.com.