- WE'RE DIFFERENT
- FOLLOW US
- ABOUT ZOOVY
- NEWS & EVENTS
We are here and ready to change the way commerce is done. In the year 2013 we released a new platform that is simply unparalleled to anything else available today. We are now ready to equip companies with innovative new tools that easily bridge the gap between new and old. Together we can grow sales online, offline, and any place in between.
Utilizing the freedom and flexibility of the anyCommerce app-based structure and the versatility of the Data Fair, along with ground-breaking new sales and marketing technologies, Zoovy is positioned
to enable businesses to reach clients in both new and old ways.
In the past, one of the biggest challenges in growing a successful online business was choosing the appropriate technology for your business needs. For many, it was a difficult choice because merchants had to do it first, locking them into the way that technology worked, not the way the merchant wanted to. Merchants soon found that the solution they chose was either too limited to allow them to grow, or too complicated to get up and running efficiently.
Being locked in to a specific, one-size fits all technology was not very conducive to businesses that needed to set themselves apart and do things differently. They soon found that if they wanted to grow, they would need to spend a lot of time, resources and money to take the next big jump.
With Zoovy's app-based commerce framework, your stores are now custom tailored to your business needs. As your business grows and your needs change, through app updates, your store can change right along with it. And the best part is, you don't have to start over from scratch everytime! Your store is designed to accomodate iterative updates, allowing you more flexibility as your business grows.
Zoovy incorporates all of the technologies and processes needed to grow successfully, and makes them available through one, easy-to-manage account. Zoovy's long standing partnerships with proven e-commerce industry names ensures the tightest integration and streamlined functionality for your business process. With over 13 years of field-tested input from thousands of successful online merchants, Zoovy is poised to lead the next e-commerce revolution.
Here at Zoovy, we have worked diligently to provide our customers with the most all-encompassing and exstensible e-commerce solution out there. Other companies focus on specific areas of e-commerce, leaving you to figure out for yourself how to integrate new features or update current features when your business grows. We have integrated all of the mission-critical components so you can focus on your business and not your e-commerce technology.
With our emerging app framework, your custom apps will give you unparalleled control over your apps' behavior and business information. You'll need to create your apps and our team is standing by to help.Learn how the process works here
Need help with creating or updating your DataFair? No problem. Our team invented the DataFair! We are standing by to help you get your vital business information ported and situated properly.
We have also worked very hard to provide custom development for add-on apps like Special Offers and Checkout Intercept, just to name a few. If there's a business idea or initiative that you think an app would be perfect for, our team would love to join forces with you to come up with a solution.
The landscape of e-commerce is changing rapidly. WIth more and more sellers using Marketplaces like Amazon, Ebay, Buy.com, etc., the rules of engagement are in flux. No longer will SEO win the day. Winning the BuyBox will make all the difference.
Here at Zoovy, we have identified the next critical strategy in e-commerce as it pertains to selling through marketplaces. Winning the BuyBox, or as we call it, Marketplace Optimization™ (MpO), gets your products in the best possible position to be sold. Our MpO Experts will help you identify the areas of your business to improve in order to increase your frequency in the BuyBox.Learn more about Marketplace Optimization here
At the center of your e-commerce universe is your DataFair, consisting of your business information and your custom apps. But you need to get your apps built and your business information installed, right? We have you covered. Say go, and our project manager will build a team of experts who will help you get up and running quickly and efficiently.
Our designers, developers and testers are chomping at the bit to work on your apps. Just let us know what you need and we'll get our best and brightest to build it for you. Or, you can have your own team build your apps. We have standards and guides for them to go by. Just know that they will be held to the same standards and will undergo the same vigorous testing as the apps we build do.
Your app will start at the DESIGN stage, move to the DEVELOPMENT stage, and then proceed to the TESTING stage. Expect there to be 2-4 rounds of this process until your app is ready for prime time.
With the app framework, you have far more freedom in designing your store than you used to have designing for the Web. Our designers are well versed in these expanded capabilities and will design just about anything you can imagine, keeping in mind aspects of good design, user experience, interaction and shopping best practices.
Our network of developers is bigger than yours. But that's a good thing! It means that we have the appropriate resources to develop your app with all of the functionality and efficiency the app framework affords you. We even make sure that the team members working on your apps are all connected and communicate with one another via a dedicated project management system (Podio). This, along with the development platform known in the industry as GITHUB, your app project stays on track and on time with as many or as few team members necessary.
After the design and development stage are complete, the app is then subject to our vigorous testing protocol. Does it work on a desktop in a browser? We test for that. Does it work on the 20 different phones and 10 different tablets indicated? Yeah, we test for that too. We make sure it does everything it is supposed to do so that when you deploy it, it works.
–B.R. Hamilton, Master Tester
On the first round, there are always things to be refined, fixed or changed. Items to be addressed will be directed to the appropriate team member to work on. Once that list is complete, it will return to the testing stage for another attempt to pass.
The future is now! The app framework is where the e-commerce world will find itself within the next few years. Contact your Customer Service Representative or email us at firstname.lastname@example.org for more information and get started with your new app-based store today!
Live training is provided for Zoovy merchants to assist in setup and ongoing guidance for successful use of the platform and software. Consultants are fully trained Zoovy employees.
Live training can be scheduled M-F and cost is dependent upon package.
Tech support is available 6am to 6pm PST, 6 days a week. Zoovy tech support is available through phone, help-desk platform, and live chat. All techs are fully trained on all aspects of Zoovy interface and integrations.
Zoovy's marketing experts evaluate marketing efforts to ensure that an e-business's budget is being distributed to the best possible areas.
Work with trained and certified professionals on appropriate white hat suggestions for marketing opportunities on any budget. From pay-per-click advertising to search engine optimization Zoovy's marketing team is available for tasks large or small. Work directly with our marketing professionals just a phone call away.
Zoovy's marketing team has years of experience and proven success with providing top notch marketing service and advice for any e-business selling various products.
Marketplace Optimization is a revolutionary new concept in the ever changing online marketplace. Emerging software and services are used to optimize a company's sales strategy in order to increase seller ranking on multiple marketplaces (Amazon, eBay, etc.).
A Marketplace Optimization Expert provides insight into the individual ranking algorithms (signals) used by marketplaces to recommend sellers to prospective buyers. By identifying and improving signal performance a company will receive preference, resulting in increased exposure (sales) on a marketplace by winning the "Buy Box".
Below is a sample of the signals a marketplace could use to rank sellers:
The Zoovy e-Commerce platform is the best Marketplace Optimization Solution available to businesses. Our award winning software delivers improvements in all 5 functional areas of marketplace optimization, along with trained professionals who can advise how to use it.
Our e-commerce solution has all of the features and add-ons that you can imagine... and some you can't! With the flexibility of the app-framework, you have the freedom to do business your way. Explore some of the 800+ features we provide:
Built on best practices (not a bolt on solution) Zoovy Complete comes with tight integrations with all the major vendors in the market and easily can add other vendors if needed.
eBay - Amazon - eBay - Overstock - Bizrate - Shopzilla - Pricegrabber - Amazon - Froogle, Shopping.com - Nextag and more...click here for more information on marketplace integration click here for more information on comparison shopping sites
A set of payment and checkout solutions that enables tens of millions of Amazon customers to complete purchases on your website using the same information in their Amazon.com account.
Checkout by Amazon™ is a complete e-commerce checkout solution that provides your customers with the same secure and trusted checkout experience available on Amazon.com today. It offers unique features including Amazon's 1-Click® and tools for businesses to manage shipping charges, sales tax, promotions, and post-sale activities including refunds, cancellations, and chargebacks.
To learn more about how Checkout by Amazon works, visit
Cart Up-sell now available: There are no start-up charges, monthly charges, hidden fees, or long-term contracts when using Checkout by Amazon.
There are no start-up charges, monthly charges, hidden fees, or long-term contracts when using Checkout by Amazon.
Fees are assessed on a per-transaction basis and vary depending on the transaction amount. They are based on a percentage of the transaction amount plus a per transaction fee.
2.9% + $0.30 for all transactions (click here for information on volume pricing)
5.0%+ $0.05 for all transactions
The best way to learn about using Checkout by Amazon is to read the Getting Started Guide. It provides a step-by-step overview of what you'll need to do to incorporate Checkout by Amazon into your website.
The Integration Guide provides additional detail regarding different options to integrate Checkout by Amazon. It contains step-by-step tutorials and multiple code samples to help you get integrated quickly.
The Resource Center is a comprehensive directory of all the tools available to help you use Checkout by Amazon. It contains links to all Guides, FAQs, forums, and the Checkout by Amazon Sandbox to help you get started quickly!
Have questions about Checkout by Amazon? Contact Us and our sales and business development teams will follow up with you shortly.
With Zoovy, you can easily launch your product into eBay, eBay Motors or your eBay Store. Launch items one at a time or use our power listing tool to automate launching/relaunching and let the inventory system stop launching when needed.
Once you set up a powerlister listing, the inventory system can handle it from that point on. Set a few parameters for how many listings you want listed at the same time and the listing will relist automatically until inventory is low.
Selling on marketplaces can play a key role in a websites success by increasing exposure for more sales opportunities. Zoovy has integrated with the top marketplaces: Amazon, eBay, and Buy.com in an effort to help merchants diversify and sell more online.
Zoovy simplifies and automates the process of listing products directly from a Zoovy web store to multiple marketplaces. Our built in system lets you control which products appear where, how much they sell for, and maintain inventory in real time. Orders and tracking information is also shared between Zoovy and the marketplace automatically. Maintaining everything in one central location saves time and money.
Zoovy can provide live training for any marketplace integration assistance.
Zoovy makes it easy for merchants to increase exposure and visibility to shoppers with our automated product feeds for comparison shopping sites, sometimes referred to as shopping engines. Simply choose the products and shopping engines with a click of the button. The feeds are automated and have the ability to optimize product listings based on unique characteristics of each shopping site. Zoovy runs products through a validation process that ensures the feed quality, allowing more products to get to shopping sites successfully. Built in reporting helps determine how successful the shopping engines are based on performance.
Zoovy integrates and supports the top comparison shopping engines and continually adds emerging comparison shopping sites. Whether it be Amazon Product Ads, Nextag, Pricegrabber, TheFind.com, or Google Products, Zoovy saves you time and money on the backend while making you money on the front.
Capitalize on multiple web stores without multiple headaches
Capture more sales with multiple niche web stores all run by one common inventory and billing system
The powerful 'Multi-Sites' function in Zoovy allows you to run multiple web stores, each with a completely different look and feel.
A common product and billing database contains the information for all of your stores in one place, allowing you to track all of your inventory and orders in real time, through a single interface.
Take advantage of Multi-Sites to focus on niche areas of your product range, increasing your conversions by targeting a more tightly defined audience with specific products of interest.
Create usergroups and individual accounts that instantly see different pricing of your products when they log in to your Zoovy store.
Offer special pricing on 'per-box/pallet' purchases and 'multiple order' discounts with user-configurable price rules.
Support supply-chain functionality for your wholesale clients and your suppliers by importing and exporting product database information.
Brian Horakh Founded Zoovy in Feb 2000 as a means for allowing small to mid-size e-commerce businesses a robust, yet affordable eCommerce platform. Zoovy is among the forerunners of marketplace integrated e-commerce solutions such as Amazon.com, Buy.com, eBay, Sears, and many other top comparions shopping services. Zoovy offers complete hosted e-commerce software solutions (SaaS). Zoovy's single source platform brings every aspect of your business together while simplifying processes and allowing product management, multi-channel listings, sales, inventory, shipping, accounting and storefronts to work together while updating in real time.
With over 11 years experience while supporting 5000 websites, Zoovy is a leader in success driven e-commerce software. Our strategy: The easy things should be easy – the hard things should be possible. Zoovy removes barriers to growth, and allows SMBs to compete at the same level with large corporations.
Brian Horakh is founder and CEO of Zoovy. In his 12 year tenure with the company, Horakh has become widely regarded as a visionary, pioneer and early adopter of e-commerce technologies. When Horakh founded Zoovy in 2000, he served as CTO/chief software architect and was the original designer of the platform architectural philosophy behind Zoovy. In 2007, Horakh was appointed by the board of directors to lead the company as CEO. Under Horakh's leadership, Zoovy experienced its first year of profitability in 2007 and has remained profitable to this day. Prior to Zoovy, Horakh held numerous advisory roles and successfully founded and operated several early tech startups including Ideal Online Services Inc., Digital Concepts LLC, and Nerdgear Inc. Horakh holds an AA in computer science from Palomar College, in addition to numerous IT certifications, and is fluent in 17 programming languages. Outside of the office, he is an avid scuba diver, kayaker and tri-athlete/ironman distance race finisher.
Mr. Saftig has been the Chief Financial Officer for Zoovy since 2004. He has been the CFO for many early stage high growth technology companies in San Diego and Orange County. Mr. Saftig has worked with software and nanotechnology companies that have revenues anywhere from two to 40 million dollars He has assisted companies with angel and venture capital financing, mergers and acquisitions, strategic and operational organization. Mr. Saftig has an M.B.A. from UCLA's Anderson School of Management and a B.A. from Stanford University.
No portion of this service may be reproduced in any form, or by any means, without prior written permission from Zoovy, Inc.
The following rules and regulations apply to all visitors to or users of this Web Site. By accessing this Web Site, user acknowledges acceptance of these terms and conditions. Zoovy, Inc. ("Zoovy") reserves the right to change these rules and regulations from time to time at its sole discretion. In the case of any violation of these rules and regulations, Zoovy reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the Zoovy Web Site, both now and in the future.
Zoovy hereby authorizes you to copy materials published by Zoovy on this Web Site solely for use within your organization (or if you are a Zoovy Partner, your customer's organization) in support of Zoovy services. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Zoovy or any third party.
ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ZOOVY. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
All Zoovy products and publications are commercial in nature. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.
The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of Zoovy or other third parties. Users are not permitted to use these Marks without the prior written consent of Zoovy or such third party which may own the Mark. "Zoovy" is a registered trademark of Zoovy, Inc.
Although Zoovy has attempted to provide accurate information on the Web Site, Zoovy assumes no responsibility for the accuracy of the information. Zoovy may change the programs or products mentioned at any time without notice. Mention of non-Zoovy products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ZOOVY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
ZOOVY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY ZOOVY PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ZOOVY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and Zoovy is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Zoovy provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.
Any software which you download is governed in accordance with (i) the license terms accompanying the file or (ii) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating or (iii) the license terms pursuant to this Software License Agreement.
Welcome to Zoovy. Zoovy provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
In addition, when using particular Zoovy services, you and Zoovy shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Zoovy currently provides users with access to a rich collection of on-line resources, including, various communications tools, software, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Zoovy properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that Zoovy assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or data unless explicitly stated elsewhere.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You must be at least 18 years of age to access and use Zoovy services.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your company as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zoovy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zoovy has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Zoovy is not liable for any resulting loss of service due to untruthful or incomplete information.
Zoovy is concerned about the safety and privacy of all its users, particularly minors. For this reason, parents, or the legal guardian of minors who wish to allow their children access to Zoovy must agree to supervise, and otherwise completely indemnify Zoovy of any content the minor may come into contact with during operation of the Zoovy service. Please remember that the Service is designed to appeal to a mature business audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Zoovy of any unauthorized use of your password or account or any other breach of security. (b) ensure that you exit from your account at the end of each session.
Zoovy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. Furthermore Zoovy is not responsible for any damages, which may occur to you, your community standing, or your business in the event of a known or unknown person(s) gain unauthorized access to your account.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages 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 Zoovy, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Zoovy does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Zoovy be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
You acknowledge that Zoovy does not pre-screen Content, but that Zoovy and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Zoovy and its designees shall have the right to remove any Content that violates the TOS 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. In this regard, you acknowledge that you may not rely on any Content created by Zoovy or submitted to Zoovy, including without limitation information in Zoovy and in all parts of the Service.
You acknowledge and agree that Zoovy may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Recognizing the global nature of the Internet, you agree to comply with all local rules in your jurisdiction regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from or to the United States or the country in which you reside.
You agree to indemnify and hold Zoovy, 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 Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You acknowledge that Zoovy may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, maximum sizes of images, total number of products, sales history, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Zoovy's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Zoovy has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You acknowledge that Zoovy reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Zoovy reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Zoovy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Zoovy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Zoovy, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Zoovy believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Zoovy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Zoovy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Zoovy shall not be liable to you or any third-party for any termination of your access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 Zoovy 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Zoovy has no control over such sites and resources, you acknowledge and agree that Zoovy 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 Zoovy 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.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Zoovy or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Zoovy 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 Service by any means other than through the interface that is provided by Zoovy for use in accessing the Service, or by through interfaces which have been appropriately licensed and endorsed by Zoovy, Inc.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZOOVY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZOOVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
By using Zoovy services you represent that the goods or services you promote on Zoovy belong to you, and that such items were obtained legally, through sanctioned reputable channels, and that such goods or services are legal in your jurisdiction, and that you have the authorization by all necessary government or regulatory boards to sell, issue, authorize, or otherwise transfer said goods and services. Furthermore you represent that you will take all necessary measures to insure said goods or services do not reach areas, or individuals who are not allowed to own, handle, or otherwise poses such goods or services. Furthermore you represent you will take reasonable steps to insure that said goods or services do not transit an area where said goods and services are illegal or prohibited, unless explicitly allowed through other applicable laws such as in the case of interstate commerce. And that in the case of dangerous goods, all necessary preparations were made to avoid any accidental release, leakage, discharge, or other action which may expose persons responsible for shipping, transporting, or receiving goods any harm. You further agree to indemnify Zoovy, 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 sale and transportation of goods and or services.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Zoovy, the Zoovy "Z" and Zoovy, Inc. are trademarks of Zoovy, Inc. all rights reserved.
Zoovy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Zoovy's Copyright Agent the following information:
We are pleased to offer our clients unlimited Web page traffic. To maintain the integrity of our service the following limitations apply:
Zoovy will be the sole arbiter as to what constitutes a violation of this provision.
Zoovy test sites are all hosted under the "ZOOVY.COM" domain name, and using IP addresses assigned to Zoovy by the American Registry for Internet Numbers (ARIN). Some search engines may not distinquish that each site is separate and therefore the actions of one customer, can affect all customers. For this reason Zoovy has developed a strict policy regarding Search Engine "Spamming" techniques. Customers are explicitly prohibited from:
The Zoovy system routinely sends commercial email on our customers behalf. Email sent by Zoovy is compliant with all Internet mail standards, and clearly designates "ZOOVY.COM" as the MTA (Message Transfer Agent). Zoovy has agreements with several major ISPs to ensure email originating from our mail servers is not treated as UCE (Unsolicited Commercial Email/SPAM).
While Zoovy does not monitor the actual content of messages, Zoovy does dictate the possible origins, and formatting of messages transmitted - including both the header and body content. This includes (but is not limited to) how opt-out and unsubscribe links are presented to recipients, along with what merchant identifiable information is transmitted to recipients. Zoovy has taken steps to ensure our email formats are compliant with the guidelines set forth by both the Federal CAN-SPAM ACT of 2004 and the postmaster guidelines for the respective ISPs we work with.
In accordance with our polices Merchants must agree that any written, electronic, or verbal request by a customer to be unsubscribed must be acted upon within 24 hours - across all merchants marketing campaigns - even those not hosted by Zoovy. Merchants agree not to auto re-subscribe customers who have requested to be removed unless they can prove they have received an authentic request to opt-in the customer.
In addition any attempt to tamper with the email formats developed by Zoovy such as (but not limited to) including concealing information, including deceptive information (such as false addresses / phone numbers), re-opting in customers who have opted-out, or ignoring opt-out requests will be result in immediate, irrevocable termination of the merchants account, along with complete forfeiture of the merchants data, forfeiture of any dues paid to Zoovy, in addition to any fees later assessed by Zoovy for disruption of service. Upon such an event Zoovy may (in it's sole discretion) share the merchants contact information, sales history, and any other information it deems relevant with any requesting ISP, or government agency upon written or electronic request.
The TOS constitute the entire agreement between you and Zoovy and govern your use of the Service, superceding any prior agreements between you and Zoovy. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Zoovy shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Zoovy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of Zoovy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group at email@example.com.
Zoovy has developed documented policies to describe how we will handle and ultimately resolve a variety of situations which may occur regarding topics such as (but not limited to) billing, customer service, system outages, site modifications, and third-party integrations. Any usage of the Zoovy.com website is considered receiving service from Zoovy and therefore, when applicable, is subject to those policies which may be found at http://webdoc.zoovy.com/doc/51610.
Usage of this service consitutes acceptance of the Zoovy Cancellation Policy in order to terminate this service. The cancellation policy and form is located at http://www.zoovy.com/biz/support/cancel/
Under no circumstances shall any court award damages exceeding the actual amount invoiced [if by Zoovy], or paid [if by client], plus $1.00.
In the event a dispute arises between two parties that are subject to this Terms of Service, it is hereby agreed that both parties will submit to mediation, and failing an acceptable result, both parties shall submit to binding arbitration. All mediation and arbitration shall be performed in the County of San Diego, State of California and either party may choose to electronically attend.
The mediation and arbitration shall be conducted in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon.
Each party shall be responsible for its share of the mediation, and arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
We use your IP address and browser type to help diagnose problems with our server, and to administer our website. Your IP address is used to broad demographic information, and to establish a historical security pattern to detect unauthorized access to your account.
Our site's registration form requires users to give us in depth contact information, this information is used to help us serve you better, it is not shared with third parties, except when you specifically authorize us. See section (5) below. Furthermore our site requires many unique identifiers such as social security number, federal tax identification, and financial information such as bank accounts and credit cards. This information is strictly between you and us; we do not share this information with our partners, unless you explicitly authorize us to. The customer's contact information is also used to contact the visitor, by our staff when necessary. The majority of our system is based on opt-in lists, which provide users the ability to opt-out of receiving future mailings; see the choice/opt-out section below. Financial information that is collected is used to check the users' qualifications for registration and to bill the user for products and services. Unique identifiers are used for internal verification to verify the user's identity, and in some cases are used when reporting to government agencies for purposes required by law.
From time to time we may have optional online surveys in conjunction with; or exclusive of contests. These forms will ask visitors for contact information such as email address and broad demographic information including but not limited to zip code, age, or income level. We use contact data from our surveys to send the user information about our company and promotional material from some of our partners. The customer's contact information is also used to contact the visitor when necessary and shared with other companies who may want to contact our visitors. Users may opt-out of receiving future mailings; see the choice/opt-out section below. Demographic and profile data is also collected at our site. We use this data to tailor our visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences. This information is shared with advertisers on an aggregate basis.
This site may make chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. This site uses a combination of firewalls, packet filters, security patches, monitoring software, and advanced cryptographic software in conjunction with secure sockets layer to ensure you personal data is secure from unauthorized access. Unless you explicitly request that we do not use advanced security, by default advanced security will always be on. Only certain employees have access to the information you provide us. For example, we impose strict rules on our employees who have access either to the databases that store user information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration to data will not occur, we try to prevent such unfortunate occurrences.
As part of the service we provide we routinely collect and store information from customers who buy from a user of our service. Any data which is collected and stored on our servers along with sales data, product information, is property of the user - with the following exceptions:
Our site provides users the opportunity to opt-out of receiving communications from our partners at the point where we request information about the visitor. This site gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service.
This site gives users the following options for changing and modifying information previously provided. Customers of a user may do this by going to the users respective website. Zoovy users may do this by visiting http://www.zoovy.com/ and supplying a system assigned username and password.
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can click here or contact:
Zoovy respects the intellectual property rights of others. This Policy specifies conditions of use for web sites hosted on Zoovy servers regarding: copyright; trademark; and rights of publicity and use of name or likeness.
Zoovy will comply with the Digital Millennium Copyright Act (“DMCA”). The DMCA text is available at the U.S. Copyright Office website: www.copyright.gov/legislation/dmca.pdf. Zoovy will respond expeditiously to notices of alleged infringement that are reported to Zoovy Inc.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements on websites hosted by Zoovy, Inc. by providing the notice required by the DMCA, 17 U.S.C. §512.
Notice and Declaration Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512) - Elements of notification:
Zoovy desires to comply with the Notice and clearly identify the web pages that require action on Zoovy’s part. To enable Zoovy to act expeditiously, please send copies of the web pages which are claimed to be infringing and copies of the copyright owner’s web pages which are claimed to be infringed.
Deliver this Notice, with all items completed, to Zoovy’s Designated Copyright Agent:
Zoovy will, if properly notified that content infringes, remove or disable access to such content. Zoovy reserves the right to remove or disable access to content without prior notice. In appropriate circumstances, Zoovy will also terminate users whom it determines to be repeat infringers.
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA, 17 U.S.C. §§ 512(g)(2) and 512(g)(3). When Zoovy receives a counter notice, it may reinstate the material in question. To provide a counter notice to us, please return the following form to the Zoovy Copyright Agent.
Counter Notice Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512) - To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent that includes substantially the following:
The Counter Notice should be delivered to the following Designated Copyright Agent of Zoovy:
Zoovy may be required to disclose information to individuals asserting rights under the DMCA. The Zoovy customer hereby authorizes Zoovy to release information about you (the customer) if required by law or subpoena, without notice to you.
The Zoovy customer agrees that you (the customer), and not Zoovy, are responsible for any violations of any intellectual property rights in any content that you upload to your site on Zoovy’s host.
If you believe that your trademark (the “Accused Mark”) is being used by a user in a way that constitutes trademark infringement, please provide Zoovy’s Copyright Agent (specified above) with the following information:
Upon receipt of notice as described above, Zoovy will confirm the existence of the Accused Mark on the Site, notify the Zoovy customer who posted the Accused Mark, and take whatever action, in its sole discretion, it deems appropriate, including removal of the Accused Mark from the Site.
Notwithstanding the foregoing, Zoovy will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Site.
Zoovy prohibits its users from posting content that would otherwise misappropriate a third party’s right of publicity, name, voice, signature, photograph or likeness. If you think that you are a Party whose right of publicity is being misappropriated as a result of the content on the Site, please provide Zoovy’s Copyright Agent (specified above) with the following information:
Upon receipt of notice as described above, Zoovy will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, without notice to the Zoovy customer in question, unless, prior to such removal, the Zoovy customer in question sufficiently demonstrates that he or she has appropriate authorization or consent to use a Party’s right of publicity, name, voice, signature, photograph or likeness.
Notwithstanding the foregoing, Zoovy will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.