A. Terms and conditions
These terms and conditions represent a binding agreement between you and Zoom Auto Group, LLC. a New Jersey company (“us” or “Zoom Auto Group, LLC.”). Please read these terms and conditions carefully. As part of the registration process we ask that you confirm that you have read and specifically agree to these terms and conditions. However, your continued use of the Site is your implied acceptance of these terms and conditions. If you do not agree to this agreement, you should immediately exit the Site and cease all use of the Service. Zoom Auto Group LLC may, at any time and without notice, amend this Agreement, or may limit or deny access to, or change the content of, the website. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any changes to this Agreement constitutes your agreement to be bound by any such changes. This Agreement was last updated on December 03, 2018. Zoom Auto Group LLC may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
A1. This is a binding agreement between you and Zoom Auto Group, LLC. By using the Site and the Service, you specifically accept these terms and conditions. From time to time, we may change or update these terms and conditions and we will make reasonable efforts to post a notice on the Site to draw your attention to any such changes. But it is your responsibility to review these terms and conditions from time to time to ensure that you remain in agreement. If at any time you do not agree with these terms and conditions, you should immediately exit the Site and cease all use of the Service. By continuing to use the Site you represent to us that you are at least eighteen years old and able to enter into a legally binding agreement. We may change, restrict access to, suspend or cease operation of the Site at any time.
A2. Our liability to you is limited. Under no circumstances will Zoom Auto Group, LLC. be liable to you or anyone else for any damages arising from your use of the Site or the Service, or any service or product linked to or from the Site or advertised on the Site, including without limitation, consequential, incidental, direct, indirect, punitive, exemplary or any other damages of any kind, including lost revenues or profits, even if we are advised beforehand of the possibility of such damages. You agree that the liability of Zoom Auto Group, LLC., if any, arising from any kind of legal claim relating to your use of the Site or the Service will not exceed the amount you paid, if any, for the use of the Site or the Service. You agree to indemnify and hold harmless Zoom Auto Group, LLC., our employees, owners, members, officers, representatives, affiliates, and business partners against any and all claims of whatever nature arising from your use of the Site and the Service.
A3. We may terminate, suspend or restrict your access to the Site or deny your use of the Service at any time and without notice to you. If we believe that you are not in compliance with these terms and conditions, or have provided us with false or misleading information, or you have provided any kind of material for uploading to the Site which we deem to be inappropriate, then we reserve the right to terminate, suspend or restrict your access to the Site and deny your use of the Service at any time. We may not provide you with any notice and we will have no liability to you for any such action.
A4. You use the Site and the Service at your own risk and we specifically disclaim all warranties. We are making the Site and the Service available to you “AS IS” without warranty of any kind. If you rely on the Site or any of the Service, you do so at your own risk. You understand that there may be delays, omissions, errors, interruptions of service, or other problems related to the information, products or services listed or advertised on the Site. Zoom Auto Group, LLC. does not warrant the accuracy, completeness, timeliness, non-infringement, or fitness for use of the information provided through the Site or through the Service. We do not guarantee that the Site will be error free, continuously available or free of viruses or other harmful components.
A5. You have no rights to software and other copyrighted materials that are available to you from the Site. From time to time you may download software or other copyrighted materials from the Site, even if that download may be to enable the temporary viewing of certain information available on the Site. This software and materials are deemed to be licensed to you by Zoom Auto Group, LLC. and/or our business partners on a temporary basis for your personal, non-commercial use. You do not receive title to or ownership of the intellectual property rights associated with such software and materials. Zoom Auto Group, LLC. and/or our business partners will retain full and complete title to and intellectual property rights of such software and materials.
A6. This agreement will be construed in accordance with the laws of New Jersey, and by using the Site or the Service you consent to the exclusive jurisdiction and venue of the state and federal courts in Morris County in New Jersey. If for any reason a court of jurisdiction were to find any term or condition of this agreement to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect.
B. Our business and our relationships with our customers and users
B1. Zoom Auto Group, LLC. enables consumer to consumer sales of used vehicles with the safety and service benefits of a vehicle dealer, but without the cost of doing business that is consistent with a dealership. This kind of transaction is also known as a private sale, private party, or direct transaction. The Zoom Auto Group, LLC. business makes selling your car an easier and more profitable endeavor. We are Zoom Auto Group, LLC., Inc., a corporation organized under the laws of the State of New Jersey. Through the Site at we provide a listing service for sellers who want to sell their private vehicles on an “AS IS” basis or with an optional warranty. Simply register your car with us, provide all of the details and choose a listing price. We’ll do the rest. For example, we will clean your vehicle, take photos of the vehicle, advertise the car on leading car retailing websites, arrange test-drives and manage buyer interest. We’ll speak with and screen potential buyers and pass legitimate offers to you to accept or decline, we’ll prepare necessary sales documents and facilitate the financial transaction between you and the buyer.
B2. Our relationship with you as the seller and the owner of a car is that we will provide a listing service to you to facilitate the private sale of your car. The car will be sold on an “AS IS” basis or, at your option, with a warranty. We can give you no assurance or guarantee that you will be successful in selling your car through our us and the Service at the selling price that you decide.
B3. As the seller and owner of a car, you agree to provide us with accurate information regarding you and your car. You agree to indemnify and hold harmless Zoom Auto Group, LLC., our employees, owners, members, officers, representatives, affiliates, and business partners against any and all claims of whatever nature arising from your use of the Site and the Service.
B4. During the registration process, when you provide the details of your car and decide the initial selling price, you may choose to allow the car to be made available for inspection and test-drives by prospective buyers. You agree to provide us with accurate information regarding your existing insurance policy. You further agree to confirm to us whether prospective buyers and Zoom Auto Group, LLC. representatives are covered under your existing insurance policy, as approved drivers of your vehicle with your agreement. You will provide to us copies of any documents we may reasonably request in connection with the Service.
B5. In order to ensure that we can properly remit the net sales proceeds from the sale of your car upon closing, you agree that during the registration process you will select the method by which you wish to receive such net proceeds. We will either make a check payable to the name as registered with us or we will remit funds electronically to your bank account, provided that you have given us the name of your bank, its routing number and your account number at that bank. You will be responsible for any fees associated with the delivery of electronic funds.
B6. Our relationship with you as the buyer of a vehicle listed either on the Site or through the Service is that we only provide a listing service to private sellers wishing to advertise their car for sale. All cars listed through the Service will be sold on an “AS IS” basis unless the seller has chosen to include a warranty at their expense. We cannot and do not provide any warranties of any vehicles sold through the Service, and any warranties offered to you as the buyer are offered specifically by the seller of the vehicle and not by Zoom Auto Group, LLC., our employees, owners, members, officers, representatives, affiliates or business partners. You may also purchase a warranty at an additional charge form a third party warranty provider.
B7. As the prospective buyer of a car, you agree to provide us with accurate information at all times. In addition, you agree to provide accurate information to support the closing process, such as bank routing and account numbers in the event that you choose to pay for the car by electronic transfer of funds. You agree to indemnify and hold harmless Zoom Auto Group, LLC., our employees, owners, members, officers, representatives, affiliates, and business partners against any and all claims of whatever nature arising from your use of the Site and the Service.
C. Our relationship with our business partners and third parties
C1. From time to time we may recommend users of the Site and the Service to utilize the products and services of some of our business partners. We may receive compensation from those business partners for products and services provided to our users. We cannot and do not warrant any of the products or services provided by our business partners and we will accept no liability with respect to any claims arising from the utilization of such products or services. You should exercise caution when you decide to utilize these services and you specifically agree that you are accepting these products and services at your own risk.
C2. We are not responsible for third party content. From time to time, we may allow links to the Site from third parties, who may provide content to users of the Site and the Service. We have no control over such content and we will not accept any responsibility or liability in respect of claims arising from the use of such information or content.
C3. Our business partners may change from time to time and we make no representation or warranty with respect to the availability of services offered or provided by any of our current, future or prior business partners.
D1. We may take steps to ensure that all users of the Service are in compliance with these terms and conditions. We may conduct specific or random tests and inquiries to ensure the accuracy and legitimacy of our listings and their details. These tests and inquiries may include the review of messages sent by users of the Service through the Site, and your use of the Site and the Service is your consent to such tests and inquiries. You should have no expectation of privacy in any messages sent using the Site and associated systems.
RESTRICTIONS ON THE USE OF SITE CONTENT
This Site contains text, data, photos, images and product and other information (collectively, "Content") that is proprietary to Zoom Auto Group LLC. or its Content providers. You acknowledge that this Content is protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Zoom Auto Group LLC or its Content providers (each a "Contributor") who have been involved in the preparation or publication of the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. Subject to your full compliance with this Agreement, You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. Zoom Auto Group LLC authorizes you to view and use the Content on this Site solely for your personal, noncommercial use. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without Zoom Auto Group LLC's prior written approval.
Zoom Auto Group LLC (including the Zoom Auto Group LLC logo), are trademarks or service marks of Zoom Auto Group LLC. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Zoom Auto Group LLC or others. Nothing on this Site should be construed as granting, by implication, or otherwise, any license or right to use any of the Zoom Auto Group LLC Trademarks displayed on this Site. We prohibit use of any of the Zoom Auto Group LLC Trademark as part of a link to or from any site unless establishment of such a link is approved in advance by us in writing.
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (under the "Digital Millennium Copyright Act") to Zoom Auto Group LLC's designated agent. Notification should include:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Site; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
DISCLAIMER OF WARRANTIES
None of Zoom Auto Group LLC, any of its affiliates, providers or their respective officers, directors, employees, agents, licensors, agents or independent contractors (collectively the "Zoom Auto Group LLC parties") guarantees the accuracy, completeness, or usefulness of any of the content. this site and all of the content is provided "as is" and "as available", without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. additionally, there are no warranties as to the results of your use of the content. the Zoom Auto Group LLC parties do not warrant that the site is free of viruses or other harmful components.
LIMITATION OF LIABILITY
Under no circumstances will the Zoom Auto Group LLC parties be liable for any general, special, direct, indirect, incidental, consequential punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action arising out of or relating in any way to your use, or inability to use, the content, the site or any third party site to which this site is linked. Zoom Auto Group LLC is not liable for any defamatory, offensive or illegal conduct of any user. your sole remedy for dissatisfaction with this site is to stop using the site. If the foregoing limitation is found to be invalid, you agree that the Zoom Auto Group LLC parties' total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
You agree to indemnify and hold harmless the Zoom Auto Group LLC Parties from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys' fees and costs, incurred by the Zoom Auto Group LLC Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. The Zoom Auto Group LLC Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Zoom Auto Group LLC.
LINKS TO THIRD PARTY SITES
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Site, 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 advertiser. You agree that we are not responsible nor shall we be liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertiser on the Site.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.
USER MUST COMPLY WITH APPLICABLE LAWS
This Site is based in New Jersey, United States. Zoom Auto Group LLC makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
COMPLIANCE WITH EXPORT LAWS
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
Failure by Zoom Auto Group LLC to enforce any provision(s) of this Agreement shall not be as a waiver thereof. This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. All claims and disputes arising out of this Agreement or your use of the Site, other than actions for specific performance or injunctive relief brought by Zoom Auto Group LLC, shall be exclusively brought in the courts located in Morris County New Jersey, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action you may have with respect to the Content, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. You many not assign this Agreement, by operation of law or otherwise, without Zoom Auto Group LLC's prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved.
Zoom Auto Group LLC does not sell or provide personally identifying data to non-affiliate third parties for promotional purposes, but may collect and share aggregate website statistical information (such as sales, traffic patterns or related information) with third parties. No such shared statistics will contain any personally identifying user information.
When connecting to our website, Zoom Auto Group LLC may automatically collect technical non-personally identifiable information. Examples include the type of Internet browser used, your computer operating system and the IP address of the website from which you are linked to our website. When viewing our website, information in the form of a "cookie" or similar file may also be stored on your computer. This information helps Zoom Auto Group LLC to tailor its website in a manner to better match your interests and preferences. If you do not wish to receive cookies or want to be notified when they are placed on your computer, many Internet browser's settings allow you to erase existing "cookies" or block or warn before a cookie is stored on your computer. Consult your specific browser’s instructions to learn more about these features.
Zoom Auto Group LLC does not collect personally identifiable information (name, address, e-mail address and telephone number) through its website unless you provide it to us voluntarily. Zoom Auto Group LLC may ask you for personal information to respond to your questions; process or fulfill your order or request. For product or service orders, Zoom Auto Group LLC may need additional information in order to process or fulfill your order or request. Zoom Auto Group LLC will not share your personal information with third parties without your permission, except as otherwise necessary to (i) process or fulfill your order, (ii) respond to your request or answer your inquiries, (iii) enter you in contests, sweepstakes or other promotional activities, or (iv) comply with any applicable law, court order or other judicial process. Zoom Auto Group LLC may occasionally hire other companies to provide certain services on its behalf. Zoom Auto Group LLC may provide such companies with the minimum amount of personal information necessary to deliver the service, which may not be for any other purpose. Although no system is currently 100% immune from external attack, Zoom Auto Group LLC has taken commercially reasonable measures to prevent the unauthorized access and improper use of your personal information.
Deposits are non-refundable.
If you have questions regarding the Agreement or the practices of Zoom Auto Group LLC, please contact us by e-mail at info@ZoomNJ.com, phone @ 973-998-8200 or by regular mail at Zoom Auto Group LLC, 3519 Us Highway 46, Parsippany, NJ 07054.
Date of Last Revision: November 4, 2016
Zoom Auto Group
3519 Route 46, Parsippany, NJ 07054
Information Zoom Collects
Contact Information. In operating the Site, we may collect a variety of user-submitted information such as names, email addresses, and other contact information, in order to establish and authenticate user accounts, to facilitate automobile listings and interactions between sellers and prospective buyers, and to send information and notices to our users regarding the Site and the Service.
Vehicle Information. In order for a seller to post a car for sale through the Zoom site, Zoom will collect detailed information about the car, including but not limited to make, model, year, mileage, option packages, vehicle identification number (VIN), vehicle registration number, title information and photos of the vehicle.
Transaction Information. In addition to the above mentioned, because we offer certain services that may require payment by credit card, if you elect to purchase any of those services, we may collect a credit card number and your address and other billing information in order to validate and process the transaction.
Additional Information. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to the Site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on the Site other than cookies. Cookies help us learn which areas of the Site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at the Site may be diminished and some features may not work as they were intended.
Use and Sharing of Information
It is our policy only to reveal the vehicle seller’s name to the vehicle buyer at the closing of the vehicle sale, if necessary, unless authorized beforehand by the vehicle seller. If, as a seller of a vehicle, you purchase from us any of our services that require access to you or your vehicle by us or any of our third-party business partners, then we may provide your contact information to those third-party business partners (who will be identified at the time that you purchase the applicable services) so that they may follow up with you and provide you with the purchased services.
We may use your personal information to verify your identity and follow up with transactions initiated on the Site. We may also use your contact information to inform you of any changes to the Site or the Service, or to send you additional information about us. We may share your contact information with our business partners or other companies so that they may send you promotional materials or otherwise contact you regarding services that they offer that may be relevant to your use of the Site or the Service.
We use anonymous information to analyze our Site traffic, but we do not examine this information for individually identifying information. In addition, we may use anonymous Internet Protocol addresses to help diagnose problems with our server, to administer the Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.
In addition to the disclosures described above, we may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on us, subsidiaries or affiliates, (2) protect and defend our rights or property or the rights or property of users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site.
Access to Information
You can notify us at any time that you want to terminate Zoom's storage of your personal information, and upon receipt of that notice, we will remove all information about you from our database. In addition, you can review your personal information on the Site and ensure that it remains current and correct. Through your personal profile you may review and update your personal information that we have collected. It is solely your responsibility to ensure that your personal information remains current and correct and accurately reflects your preferences regarding how you would like us to treat your personal information.
Dates and Changes
We reserve the right, at any time, to add to, change, update, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.
Website Areas Beyond Our Control
The Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices of those other websites, and it is your responsibility to review the privacy policies of those websites to confirm that you understand and agree with their policies. In addition, in no event will we have any responsibility for the contents of those other websites, and you visit and use those websites entirely at your own risk.
Our business partners may change from time to time and we make no representation or warranty with respect to the availability of services offered or provided by any of our current, future or prior business partners.