1. About Conzoma
3. Modifications and Termination
4. Additional Terms
5. Terms of Sale
6. Rules for Purchasing a Product or Service
7. Rules for Placing Offers
9. Prohibited Conduct
10. Your Privacy
11. Copyrights and Trademarks
12. Third Party Websites and User Content
13. Choice of Law
14. Arbitration of Disputes
16. Limitations of Liability
18. Export Control
20. Copyright Infringement Notice and Policy
1. ABOUT CONZUMA
The Website and the Conzoma Services are a third-party marketplace for users (“Users”) to offer and buy goods and services with participating Vendors (the “Vendors”). The actual contract for sale is directly between the Users and the Vendors. Conzoma is not a traditional auctioneer.
The guidance and information consisting of pricing, shipping, listing as well as guidance that we provide in our Services is solely informational, and is up to your discretion to follow it or not. In addition, while we may help facilitate the resolution of disputes through various programs, Conzoma has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Conzoma is not a merchant of products or services, or provider of any pickup or delivery services in connection therewith, and does not control the Vendors or the production of any goods or services or provide any pick-up or delivery services therewith.
The Vendors have entered into agreements with Conzoma to comply with federal, state and local laws, rules, regulations, and standards pertaining to goods, services, sale, marketing and safety. Conzoma, including the Website and the Conzoma Services, does not independently verify the credentials or representations of any of the Vendors, the quality of any their products or services, or any Vendors compliance with applicable laws.
Conzoma does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Vendors (including but not limited to, Health & Fitness and Beauty & Spa Merchants). Conzoma is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition.
Users must verify through the information provided by the Vendors on the Website, by contacting the Vendors directly, or through methods as they may deem appropriate, as to the quality and reliability and quality of the Vendors compliance with applicable laws. In addition, a Vendors may represent certain standards with respect to their goods and services. Conzoma shall not be liable or responsible for any goods and services, offered by the Vendors or any errors or misrepresentations made by them (including on the Website and through the Conzoma Services). However, we do take User satisfaction very seriously and, in addition to contacting the applicable Vendor directly, we ask that you notify Conzoma of all complaints or concerns that you might have regarding the Vendors.
When accessing or using the Services of clicking “accept” or “agree” to these Terms you acknowledge that you have read, understand, and agree to be bound by these Terms, and you represent and warrant that you are of legal age and not prohibited by law from access or using the Conzoma Services.
With respect to minors (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Website and the Conzoma Services, and your parent or legal guardian must read and agree to these Terms prior to your using the Website and the Conzoma Services. However, persons under the age of 13 are not permitted to register for the Website or use the Conzoma Services.
You agree and acknowledge that the Terms include the following material terms:
• You are at least 18 years of age, and are able to create a binding legal obligation
• You are not a minor in the jurisdiction in which you reside, or if you are a minor, that you have received the permission of your parents or legal guardian to use the Website and the Conzoma Services; and
• Your use of the Website and the Conzoma Services does not violate any applicable law.
• You are not restricted from receiving products or services under the applicable law
• You will only submit accurate, true, current and complete information to the Site
• You will update and correct information you have submitted to the Site and ensure that it is accurate at all times.
• You will keep your password confidential and will be responsible for all use of your password and your account;
• Your use of the Conzoma Services may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage, messaging and overage, which are your sole responsibility;
• The Conzoma Services are provided “as is” without warranties of any kind and Conzoma’s liability to you is limited;
• You may receive emails from or on behalf of Conzoma as a part of the Conzoma Services at the email address provided by you to Conzoma, and you consent to receiving such emails.
3. MODIFICATIONS AND TERMINATION
Conzoma reserves the right to terminate, modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Conzoma Services (or any part thereof) with or without notice. You agree that Conzoma shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Conzoma Services.
There may be information on the Website or within the Conzoma Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and Conzoma reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. You may terminate your use or participation at any time, for any reason, by ceasing to use the Website and the Conzoma Services.
4. ADDITIONAL TERMS
Your use of the Conzoma Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Conzoma Service or certain features of the Conzoma Service that we may post on or link to on the Conzoma Service (the "Additional Terms"), such as end- user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Conzoma Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
5. TERMS OF SALE
When you place an order through the Conzoma Services, you will make payment via credit card which will be billed through the Conzoma Services, for the purchase price of the applicable order, and “Conzoma” will be the name that appears on the credit statement applicable. Conzoma, including the Website and the Conzoma Services, is not and shall not in any manner be considered the seller of any of the goods and services ordered.
If you have any problems with your order, we ask that you contact the Vendor directly, but, if you have not been able to resolve your issue with the Vendor to your satisfaction, please contact Conzoma and we will try to assist you. In appropriate cases, if you have already been billed by Conzoma, Conzoma may issue full or partial refunds.
6. RULES FOR PURCHASING A PRODUCT OR SERVICE
When you purchase an item sold by Conzoma Services clicking the “Buy” button constitutes an offer to buy the goods and/or services. Your purchase is not complete until we email you to confirm the transaction. Buyers must agree to the following when purchasing a product or service;
• You are responsible for reading the full product or service listing before committing to buy;
• You enter into a legally binding contract to purchase a product or service when you commit to buy the product or service or when your offer is accepted.
7. RULES FOR PLACING OFFERS FOR PRODUCTS OR SERVICES
When you purchase an item sold by Conzoma Services clicking the “Place Offer” button constitutes an offer to buy the goods and/or services. You must agree to the following when placing an offer for a product or service;
• You are responsible for reading the full product or service listing before placing an offer;
• Once your offer has been accepted you are obligated to make a payment on the transaction.
The Website and the Conzoma Services allow users to interact with other users by uploading content to the Conzoma Service, including reviews, comments, photos, images and other types of works (your “Submission(s)”). You retain copyright and any other proprietary rights that you may hold in the Submissions that you post to the Conzoma Service.
You are entirely responsible for the content of, and any harm resulting from, your use of and uploading of your Submissions. When you publish or post a Submission, you thereby represent and warrant that:
• the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Submission does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
• you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Conzoma, the Website, and the Services, and all uses thereof, to use your Submissions as necessary to exercise the licenses granted by you under these Terms;
• your Submission is not (in all cases as determined by Conzoma in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
• your Submission does not contain any viruses, worms, any computer code or harmful or destructive content, whether on Conzoma’s or others’ computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;
• your Submission does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
• your Submission does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation; and
• your Submission does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Conzoma in its sole and absolute discretion.
By posting Submissions, you automatically grant, and you represent and warrant that you have the right to grant, to Conzoma an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, modify, reformat, translate, excerpt (in whole or in part), create derivative works of and distribute such Submissions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website, the Conzoma Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing.
Conzoma has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Submissions, (ii) re-categorize any Submissions to place them in more appropriate locations, or (iii) pre-screen or delete any Submissions that are determined to be inappropriate or otherwise in violation of these Terms.
Conzoma may accept, reject, or remove any Submissions, including Vendor reviews in its sole and absolute discretion, but Conzoma has absolutely no obligation to screen or delete Submissions, even if someone considers a particular Submission to be objectionable or inaccurate.
If you are posting a review of a Vendor, your review must comply with the following criteria:
• You should have firsthand experience with the Vendor;
• You are not affiliated with any competitors of the Vendor;
• You will not make any conclusions as to the legality of the Vendors products, services, or conduct; and
• Your review must comply with the other Submission representations, warranties, covenants, and other agreements in these Terms. Reviews are not endorsed by Conzoma (including its Website and the Conzoma Services), and do not represent the views of Conzoma or of any affiliate or partner of Conzoma. Conzoma does not assume liability for any review or for any claims, liabilities or losses resulting from any review.
In addition to the rights granted by you with respect to your Submissions, you acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Website and/or the Conzoma Services (“Submissions”) provided by you to or via Conzoma, the Website, or the Conzoma Services are non-confidential and Conzoma (as well as any designee of Conzoma) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. PROHIBITED CONDUCT
Unless specifically endorse or approved by Conzoma, the Website and the Conzoma Services are for personal, noncommercial use only. Access and use of the Website should be limited to the purposes of legitimate review and request for goods and services, bookings, pick-up and delivery services in connection therewith, provided by the Vendors. The following uses and activities of and with respect to Conzoma, including the Website and the Conzoma Services, are also prohibited:
• using the site for advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Conzoma;
• engaging in criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
• retrieval of data or other content from the Website or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
• engaging in unauthorized framing of or linking to the Website or the Conzoma Services;
• submitting content containing chain letters or junk email;
• using any information obtained from the Website or the Conzoma Services in order to contact, advertise to, solicit, or sell to any user;
• engaging in any automated use of the Website or the Conzoma Services, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
• disrupting, or creating an undue burden on the Website or the Conzoma Services or the networks or services connected or linked thereto;
• impersonating or attempting to impersonate another user or person;
• using the username of another user;
• selling or otherwise transferring your profile;
• using any information obtained from the Website or the Conzoma Services in order to harass, abuse, or harm another person;
• using the Website or the Conzoma Service as part of any effort to compete with Conzoma, the Website, or the Conzoma Service or to provide services as a service bureau;
• deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website or the Conzoma Services;
• attempting to bypass any measures of the Website or the Conzoma Services designed to prevent or restrict access to the Website or the Conzoma Services, or any portion of the Website or the Conzoma Services;
• harassing, annoying, intimidating or threatening any Conzoma employees or agents engaged in providing any portion of the Conzoma Services;
• displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website or the Conzoma Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
• deep-linking or hyperlinking to any portion of the Website or the Conzoma Services
• deleting the copyright or other proprietary rights notice from any Submission or any portion of the Website or the Conzoma Services (including any content therein and thereof); and
• using the Website and/or the Conzoma Services in any manner inconsistent with any and all applicable laws and regulations.
10. YOUR PRIVACY
Conzoma takes the privacy of your personal data seriously, and encourage you to carefully review our Privacy Statement.
11. COPYRIGHTS AND TRADEMARKS
All of the content included in and as a part of the Website and the Conzoma Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “Conzoma Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to Conzoma. Conzoma reserves all rights in and to the Website, the Conzoma Services, and the Conzoma Content and Marks. You may not modify, distribute, publish, transmit, publicly display, participate in the transfer or sale, create derivative works or in any way exploit any of the content in whole or in part. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Violation of these restrictions may result in infringement, resulting in possible civil and/or criminal penalties.
12. THIRD PARTY WEBSITES AND USER CONTENT
The Website and the Conzoma Services may contain, or you may be sent through the Website or the Conzoma Service to, links to other third party websites or third party content including articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. These third party websites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Conzoma, and Conzoma are not responsible for any third party websites accessed through the Website or any third party content posted on, available through or installed from the website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party websites or the third party content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or through the use of the Conzoma Services or as may otherwise relate to any applications that you use or install from the Website or through the Conzoma Services. Any purchases you make through third party websites will be through and from the applicable third party, and Conzoma takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.
13. CHOICE OF LAW
14. ARBITRATION OF DISPUTES
If there is a dispute between users of the Website, or between users and any third party (including any Vendor), you understand and agree that Conzoma (including the Website and the Conzoma Services) is under no obligation to become involved. In the event that you have any such dispute between users and any third party (including any Vendors), you hereby release Conzoma (including the Website and the Conzoma Services), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
By operating the Website and providing the Conzoma Services, Conzoma does not represent or imply that Conzoma endorses any Vendors, Submissions, or any other content or products available on or linked to by the Website or through the Conzoma Services, or that Conzoma believes any products, Submissions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or through the Conzoma Services or in connection with any Vendors, Submissions, or other third parties.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND CONZOMA SERVICES WILL BE AT YOUR SOLE RISK.NONE OF, CONZOMA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, AND AGENTS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND CONZOMA SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CONZOMA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND CONZOMA SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH THE CONZOMA SERVICES. CONZOMA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CONZOMA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. LIMITATIONS OF LIABILITY
You will indemnify and hold Conzoma (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Conzoma Services or your breach of any law or the rights of a third party.
18. EXPORT CONTROL
Export or re-export of this Website or any Conzoma Service in violation of applicable law, including United States and foreign export laws and regulations are prohibited. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist support country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
20. COPYRIGHT INFRINGEMENT NOTICE AND POLICY
If you believe that content available on or through the Website infringes one or more of your copyrights, please immediately notify our Copyright Agent in writing, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney. Company has a policy of terminating repeat infringers in appropriate circumstances.
Notifications should include the following:
• A physical or electronic signature of the authorized person;
• Identification of the copyrighted work claimed to have been infringed,
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
• Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, it’s agent, or the law to be used in connection with the Services; and
• A statement that the information in the notification is accurate, and that under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to our Copyright Agent: