This Terms of Service Agreement (hereinafter "Agreement") sets forth the terms and conditions by which we, Uzoom LLC, provide the Uzoom Live Chat Professional Software / Instant Messenger / Online Chat Services to site visitors, users, registered members and account holders. By visiting our site and using any of the tools and services provided on our site, and / or registering an account, you agree to be bound by each of the terms and conditions of this Agreement.  

 

We may automatically amend this Agreement at any time and inform you of the amended terms via email to an email address you register with us, if you are a registered account holder. Such amendments will be effective when sent to your last known email address. It is the account holder's / registered users duty to keep their email addresses up to date, to maintain a valid email address and to ensure that emails we send you are not filtered or blocked by spam filters or other types of email blocking functionalities. Alternatively, we may also post the amended terms and make them available for online reading by current account holders. In such cases, the modified terms and conditions of this Agreement are effective and in force when posted by us.  

 

For visitors and users of Uzoom who have not yet registered as users, or whose memberships have elapsed, it is your responsibility to read this Terms of Service each time you access any portion of our site. Any usage of this site, including viewing our home page or any page published on our site, as an unregistered Uzoom user, means that you agree to be bound by each and every one of the terms and conditions in this Terms of Service Agreement.  

 

Our Commitment and Promise to Our Clients  

 

Uzoom LLC is committed to bringing you the latest, unrivaled possible tools and fast, easy services designed to meet your company's needs. It is our aim to always deliver and exceed your expectations. We commit that our Uzoom Live Chat Professional Software / Instant Messenger / Online Chat Services will be available at least 99.95% of the time, excluding periods of regular scheduled maintenance or in the event of unforeseeable and unavoidable service outages occurring due to Internet, router or Internet Service Provider related downtime, outside of our control.  

 

While we are not and cannot be responsible for the functionality of your own private systems or software existing outside of our Uzoom Network or for your own connection to the Internet, we guarantee that you will, except for those conditions mentioned above, be able to access the Uzoom Live Chat Professional Software / Instant Messenger / Online Chat Services 99% of the time.  

 

Our Warranty  

 

We are confident that you will find our services more than satisfactory and able to exceed your expectations. If for some reason the Uzoom Live Chat Professional Software / Instant Messenger / Online Chat Services do not meet our agreed standard of availability, you may request a partial refund of your Monthly Fee / Package Price for each 60 minutes of continuous downtime. This guarantee is limited to a sum no greater than the amount that equals 10% of your Package Price / Monthly Fee.  

 

As an alternative, if the downtime was 60 minutes or longer in duration, you may request a refund equal to the percentage that the service was down. Although you may elect either remedy, either refund is your option for our system's failure to maintain 99% availability, subject to the limitations above stated, during any given calendar month.  

 

Refunds will be issued in the form of credits, towards your next invoice (unless the affected month was pre-established by you as your final month of service). If you have informed us of your final month of service in writing, prior to the service outage then your refund will be issued via check or credit card payment (at our sole option) upon our verification of the service outage, including the actual amount of downtime. You will receive the refund within 60 days of your request.  

 

Scheduled Maintenance  

 

Uzoom makes sure that all service maintenance activities are performed only during pre-scheduled maintenance windows. Currently, the maintenance windows are set weekly and users are updated to when these times will be. We may not utilize every maintenance window. Rest assured that if system downtime is planned during any maintenance window, we will issue a proper announcement prior to the date of the planned maintenance activity.  

 

Billing Policies  

 

â€? Uzoom account holders will be billed for services they have subscribed to on a recurring basis until and unless the service(s) we are providing is cancelled by you. Account holders may select from different payment schemes such monthly, quarterly or yearly recurring billing plans. By accepting any of our services, account holders agree to keep us updated as to their billing information.  

â€? No refunds will be issued after thirty (30) days. Upon our approval, account balances may be used as a credit towards service purchases.  

â€? Accounts that have become delinquent (more than 10 days past due) are subject to deactivation without any further notice issued to the account holder.  

â€? The charges are not based upon actual usage of the Uzoom service. They are, instead based upon the license fee that entitles account holders to use the Uzoom service. Account holders must specifically cancel any service that you no longer wish to use and pay for.  

â€? Users agree to hold Uzoom LLC, its officers, directors, employees, partners, affiliates and associates harmless, and agree to indemnify and defend from civil claims of any nature that arise from their usage of the Uzoom Live Chat Professional Software / Instant Messenger / Online Chat Services. Users agree to be bound by the terms and conditions of this Acceptable Use Policy which is hereby incorporated by reference as if fully set forth herein.  

 

Additional Terms  

 

1. We may terminate this Agreement immediately for any reason without notice to the account holder / user for any violation of the Uzoom Acceptable Use Policy, the determination of such violation being at the sole discretion of the company. An account will be terminated if the account holder violates any of the terms and conditions of this Agreement.  

2. WE PROVIDE YOUR ACCOUNT AND OUR SERVICES ON AN "AS IS" BASIS, SUBJECT TO THE LIMITED WARRANTY PROVIDED HEREIN, OUR SUPPLIERS, PARTNERS AND AFFILIATES, IF ANY, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, SAVE FOR OUR LIMITED WARRANTY PROVIDED HEREIN, INCLUDING ALL FURTHER AND ADDITIONAL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You understand and agree that our services may be unavailable for extended periods of time and we do not warrant or ensure the continuous availability of our services. We may discontinue any or all services provided to you at any time without notice to you. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our control.  

3. IN NO EVENT SHALL OUR SUPPLIERS, PARTNERS, AFFILIATES OR WE BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE REMEDIES PROVIDED THROUGH OUR LIMITED WARRANTY. Some states do not allow the foregoing limitations of liability, so they may not apply to you.  

4. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, all unaffected provisions or elements shall remain in full force and effect. Any failure on our part to enforce any portion of this Agreement does not serve to waive the enforceability of the remaining portions or other breaches on your part regarding this Agreement.  

5. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.  

6. ANY DISPUTES RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER WILL BE SUBJECT TO THE JURISDICTION OF THE APPLICABLE STATE AND FEDERAL COURTS LOCATED IN HILTON HEAD, SOUTH CAROLINA, AND LICENSEE AND COMPANY AGREE TO THE PERSONAL JURISDICTION OF SUCH COURTS, AND LICENSEE AND COMPANY WAIVE ANY RIGHT EITHER MAY HAVE TO MOVE OR DISMISS ANY CASE BROUGHT IN SUCH COURTS.