Terms of Use
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.
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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.
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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.
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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.
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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.
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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.
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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.
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B. Our business and our relationships with our customers and users
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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 www.zoomautousa.com 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.
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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.
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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.
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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.
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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.
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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.
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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.
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C. Our relationship with our business partners and third parties
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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.
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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.
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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.
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D. Privacy policy
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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.
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D2. We have developed a detailed policy regarding the privacy of information provided by users of the Site and the Service. You may review our privacy policy on our web site.
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Vehicle Condition & Returns for "Zoom Select" Buying Program.
All vehicles offered for sale are in used condition and will not be completely free from defects. However, Zoom Auto Group only offers vehicles which have been graded by an independent third party as having no material mechanical defects and no individual cosmetic flaw larger than approximately one (1) inch in diameter. You agree to inspect the Vehicle for cosmetic flaws upon delivery. In the event that you believe you have discovered: (i) cosmetic flaw larger than one (1) inch in diameter upon delivery of the Vehicle or (ii) a material mechanical defect within the seven(7) day period following delivery of the (either of the foregoing (i) or (ii), a “Covered Defect”) please contact us immediately at 973-998-8200. For the avoidance of doubt, any need to replace any part constituting a normal wear-and-tear item (ie. wiper blades, brake pads and tires) does not constitute a “mechanical defect.” In the event you believe a Covered Defect exists, the Vehicle will be inspected by a third party mechanic selected by Zoom Auto Group (the “Mechanic”) whose determination of whether a Covered Defect exists will be dispositive. In the event the Mechanic determines that one or more Covered Defects exist, then: (1) if the Mechanic estimates that the total cost of repair for all Covered Defects is less than $100, then you are responsible for paying for such repair cost, (2) if the Mechanic estimates that the total cost of repair for all Covered Defects is at least $100 but less than $1,500, then Zoom Auto Group shall have such repairs performed at its own expense and (3) if the Mechanic estimates that the total cost of repair for all Covered Defects is $1,500 or more, then you can elect to either request Zoom Auto Group to have such repairs made at Zoom Auto Group’s expense or return the Vehicle to Zoom Auto Group and receive a full refund of all amounts paid, provided that if you request Zoom Auto Group to make such repairs then Zoom Auto Group shall have the option to require you to return the Vehicle to Zoom Auto Group and receive a full refund. Any costs associated with a return shipment of the Vehicle under this Section 6 shall be borne by Zoom Auto Group. If it is determined that a Vehicle is to be returned pursuant to this Section 6, you agree to immediately cease driving the Vehicle and cooperate with Zoom Auto Group to ensure that the Vehicle is shipped to a location designated by Zoom Auto Group within five (5) days of such determination, and agree that failure for the Vehicle to be shipped within such five (5) days due to any act or omission on your part shall give Zoom Auto Group the right to decline the return and refund. In no event will Zoom Auto Group be obligated to pay for any repairs performed by any third party not selected by Zoom Auto Group. Zoom Auto Group will have no obligations or liabilities under this Section 6 with respect to any cosmetic flaws not reported to Zoom Auto Group at the time of delivery or mechanical defects not reported to Zoom Auto Group within the seven (7) day period described above.
