Introduction and Acceptance of Terms
Zoospi.com provides a service to customers and building contractors ("Mobile Service Providers"
or "MSPs") by providing a forum (referred to hereinafter "the Service") for customers to locate,
using the Service in any way, you are agreeing to comply with all of the TOU set forth below. In
addition, when using any Zoospi service, or accessing information from the Zoospi website, you
agree to abide by any applicable posted guidelines and courtesy rules, which may change from time
to time. Before you can access or use Zoospi's services, you must read and accept all of the terms
and conditions in this TOU.
If you object to any term or condition of the TOU, or any subsequent modifications of the TOU, your
only recourse is to discontinue use of the Service.
Modifications to this Agreement
We reserve the right to change, modify, add to or delete from these terms and conditions at any time,
and at our sole discretion. Such modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
Information Regarding Contractors
You understand that all information contained or presented on Zoospi.com, including but not limited
to contractor availability, ability, suitability, licensing status, insurance status and/or the identity or
abilities of specific individuals associated with a MSP are the sole responsibility of the person from
whom such Content originated, and that Zoospi neither reviews, investigates or attempts in any
other to determine the accuracy or truthfulness of the content and representations. You acknowledge
that Zoospi does not solicit, pre-screen or approve specific MSPs or customers that post on the
Service, but that Zoospi may, at its sole discretion, block access to any MSP or customer that violates
the letter or spirit of the TOU for any reason.
You hereby agree and understand that you are solely responsible for all Content you post on the
Service. You further agree and understand that it is the responsibility of each Zoospi user to
independently evaluate and confirm that each MSP/contractor is or is not: licensed, bonded, insured
for liability, reliable, trustworthy, insured for worker's compensation, or has met any other condition
required by law, policy or custom. You understand that Zoospi has made no attempt to verify the
existence of any of the conditions named above, has not investigated the MSP and that Zoospi's sole
purpose is to assist customers and MSPs to coordinate service and payment.
Dealings Among Third Parties, MSPs and Customers
You agree that Zoospi shall not be responsible or liable for any loss or damage incurred as a result
of any dealings with any person that you come into contact with through the Service and that Zoospi
is not responsible for the quality of service provided by MSPs nor their on-time performance.
You agree and understand that if there is a dispute between you and other users of the site, or
between users and any third party, you understand and agree that Zoospi has no obligation to become
involved in that dispute in any manner. In the event that you have a dispute with one or more users,
including any MSP, employees of the MSP, owners, supervisors or any other individual associated
with any MSP, you hereby release Zoospi, and Roospi, Inc., its officers, employees, agents and
successors in rights from claims, demands and damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way related to such disputes and/or the Service. If you are a California resident, you waive
California Civil Code Section 1542, which states: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at the time of executing the release,
which, if known by him, must have materially affected his settlement with the debtor."
Taxes, Reporting and Legal Responsibilities
Each Member is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.
Dealings with MSPs
By using the Zoospi Service, you understand and agree that:
- Zoospi is not responsible for the MSPs or the quality of the services they provide.
- Zoospi is not responsible for the on-time performance of the MSPs.
- Zoospi is not responsible for any liability that may arise out of services provided by MSPs.
- You are responsible for paying bills received from MSPs through Zoospi. You further
understand and agree that Zoospi acts as a billing service for MSPs, but any disputes as to
the accuracy or amount of the bill must be resolved directly with the MSP.
- That many MSPs may impose a charge for service calls, and that this charge may be imposed
by the service provider if you are not present at the time agreed upon between you and the
- It is against Zoospi rules to make an appointment for one job with more than one MSP, and
that violation of this rule may result in the termination of your rights to use the Zoospi
service, as well as any charges imposed by the MSP(s).
- That Zoospi is not responsible for any legal actions instituted by an MSP, including but not
limited to filing of mechanics lines, mechanics lien foreclosure actions or other legal
You agree not to post, email or otherwise make available to Zoospi users, MSPs or customers information:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invades
another's privacy, or is harmful to minors in any way;
- that contains or links to any material containing viruses, spyware, malware or any other
technologies that may harm Zoospi, the Zoospi service, or the interests or property of Zoospi
- that impersonates any person or entity, including but not limited to a Zoospi employee, or
falsely states or otherwise misrepresents your affiliation with any person or entity;
- that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
Additionally, you agree not to:
- Contact anyone who has asked not to be contacted
- Stalk or otherwise harass anyone;
- Collect personal data about other users or MSPs for unlawful purposes;
- Copy, modify or distribute content from the Service or Zoospi websites;
- Use automated means, including spiders, robots, crawlers data mining tools, or the like to
download data from the Service unless expressly permitted, in writing, by Zoospi;
Your use of the Service signifies acknowledgment and agreement that Zoospi may preserve or
disclose information that you disclose to Zoospi if required to do so by law or in the good faith belief
that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal
process. You further agree that Zoospi may disclose information about its users, including
information that you disclose to Zoospi, as reasonably necessary to comply with legal process,
enforce the TOU, respond to claims that information posted on or provided to the Service violates
the rights of third parties, or to protect the rights, property or personal safety of the Service, its users
or the general public.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to Zoospi users or through
Zoospi computer systems is expressly prohibited by these TOU, and will use or cause to be used
servers located in California. Any authorized use of Zoospi computer systems may be a violation
of the TOU as well as federal and state laws, including without, but not limited to, the Computer
Fraud and Abuse Act (18 U.S.C. §1030, et seq.), California Penal Code §502 and/or California
Business and Professions Code §17538.45, and that such violations may subject the sender and/or
its agents to civil and criminal penalties.
Access to the Service
Zoospi grants you a limited, revocable, nonexclusive license to access the Service for use by yourself
and your own business. This license does not include any collection, aggregation, copying,
duplication, display or derivative use of the Service or any information contained therein, nor use
of any data mining, robots, spiders or similar data gathering and extractions tools for any purpose
unless expressly permitted in writing by Zoospi. A limited exception is provided to general purpose
internet search engines and non-commercial public archives that use such tools to gather information
for the sole purpose of displaying hyperlinks to the Service, using an easily identifiable agent.
"General purpose internet search engine" does not include any website or search engine or related
service that specializes in classified listings, contractor listings or referrals, or which is in the
business of providing classified ad listing services.
Termination of Access and Account
You agree that Zoospi, in its sole discretion, has the right to delete or deactivate your account, block
e-mail to your IP address through the service, or otherwise terminate your access or use of the
Service immediately without notice, and remove any or all content within the Service's site, for any
reason, including without limitation if Zoospi believes that you have acted inconsistently with the
letter or spirit of the TOU. You agree that Zoospi shall not be liable to you or any third party arising
out of termination of your access to the Service or as a result of Zoospi blocking access to you
through the Service. Further, you agree not to attempt to use the Service after such termination.
Limitations on Liability
ZOOSPI IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN USERS,
CUSTOMERS AND/OR MSPs. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE
THE QUALITY, SAFETY OR LEGALITY OF SERVICES OR PRODUCTS OFFERED BY MSPs,
THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF MSPs TO COMPETENTLY
OR OTHERWISE PROVIDE THE SERVICES OR THE ABILITY OF USERS TO PAY FOR
SERVICES, OR THAT AN MSP WILL ACTUALLY APPEAR AT A GIVEN TIME OR SATISFY
AN AGREED UPON TRANSACTION.
UNDER NO CIRCUMSTANCES SHALL ZOOSPI OR ROOSPI BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF ZOOSPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM, OR ARISING OUT OF, ANY ASPECT OF YOUR USE OF THE ZOOSPI
WEBSITE, REGARDLESS OF WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF THE SERVICE, THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION,
OR TERMINATION OF THE ZOOSPI WEBSITE, OR ANY RELATED SERVICE.
ZOOSPI ALSO WILL NOT BE RESPONSIBLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZOOSPI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCURRED BY REASON OF
SERVICES OR PRODUCTS DISCOVERED THROUGH, RECEIVED THROUGH,
ADVERTISED ON, REFERRED BY, OR OTHERWISE ASSOCIATED WITH THE SERVICE,
OR ANY LINKS ON THE ZOOSPI WEBSITE, AS WELL AS BY REASON OF ANY
INFORMATION, ADVICE, RECOMMENDATIONS OR SUGGESTIONS RECEIVED
THROUGH, ADVERTISED ON, OR ORIGINATING FROM ANY ENTITY REFERRED BY, OR
CONNECTED IN ANY WAY TO ZOOSPI OR THE SERVICE, INCLUDING BUT NOT
LIMITED TO DAMAGES RESULTING FROM CRIMINAL ACTIVITIES BY MSPs,
CUSTOMERS, OR OTHER INDIVIDUALS OR ENTITIES THAT YOU COME INTO
CONTACT WITH THROUGH THE ZOOSPI SERVICE.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE
LAW. THIS LIMITATION SHALL ALSO APPLY TO ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZOOSPI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARE IN ANY WAY DUE TO
THE ACTIONS OR INACTIONS OF ANY THIRD PARTY PROVIDER THAT YOU CAME
INTO CONTACT WITH, EITHER DIRECTLY OR INDIRECTLY, THROUGH THE ZOOSPI
WEBSITE OR SERVICE. In some jurisdictions, limitations on liability are not permitted. In such
jurisdictions, some of the foregoing limitations may not apply to you.
If you have a dispute with another user or MSP, you release Zoospi and the Service, including any
directors, agents, subsidiaries, joint venturers and employees from claims, demands and damages,
including actual and/or consequential damages, arising out of or in any way connected with such
disputes. If you are a California resident, you waive the protections of California Civil Code §1542
which states: "A general release does not extend to the claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known to him must have
materially affected his settlement with the debtor."
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship exists
between Zoospi, any user and/or any MSP, or is intended or created by this TOU agreement.
Except as explicitly stated otherwise, Zoospi may give you legal notice by mail to the address
provided during the registration process. In such case, notice shall be deemed given three days after
the mailing. Legal notices must be served upon Zoospi's agent for services of process as designated
with the California Secretary of State.
Abuse of Zoospi or the Service
Without limiting its remedies, Zoospi may limit, suspend or terminate the Service, prohibit access
to the Service or website, and take technical and legal steps to keep users off the Site if Zoospi, in
its sole discretion, believes that the user is creating problems, creating legal the possibility of legal
liability for Zoospi or the Service, or acting inconsistently with the letter or spirit of Zoospi's
Zoospi Courtesy Rules
You agree to abide by the following courtesy rules, the violation of which may result in termination
of your rights to use the Service:
- Do not request a booking for more than one service provider for the same job at a time.
- Allow the service provider enough time as specified by the service provider in his/her profile
to call you. If that time lapses without a call, then cancel your booking request in order to
clear your calendar, and then make an attempt to book another service provider.
- Be there when the service provider shows up for an appointment. (Be aware that some
service providers may impose a service charge if they show up, and you are not present.)
Cancellation for Non-Use
Zoospi reserves the right to cancel the accounts of any users which are inactive for a period which
Zoospi determines, in its sole discretion, to be excessive.
Zoospi is not licensed as contractor, and does not act as a broker or agent in any transaction or
agreements arising out of the use of the Zoospi website. Zoospi does not act as an agent for you or
any other user.
The Service, including each and every component part of the Service are protected to the maximum
extent permitted by copyright laws and international treaties. Content displayed on or through the
Service is protected by copyright laws and international conventions as a collective work and/or
compilation. Any reproduction, modification, creation of derivative work, or redistribution or
retransmission of any portion of the site and/or copying or reproducing the sites or any portion to
is prohibited with the express, prior, written consent of Zoospi. You further agree not to reproduce,
duplicate or copy content from the Service without the express , prior written consent of Zoospi, and
agreed to abide by any and all copyright notices displayed on the Service. You may not decompile,
disassemble, reverse engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any aspect of the Service.
Disclaimer of Warranties
YOU AGREE THAT USE OF THE ZOOSPI SITE AND SERVICE IS ENTIRELY AT YOUR
OWN RISK. THE ZOOSPI SITE AND SERVICE ARE PROVIDED ON AN "AS IS" OR "AS
AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT
OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. ZOOSPI AND THE SERVICE ALSO DISCLAIMS
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES AS TO THE
SECURITY, RELIABILITY, TIMELINESS ACCURACY AND PERFORMANCE OF THE
ZOOSPI SITE AND SERVICE. ZOOSPI ALSO DISCLAIMS, TO THE FULLEST EXTENT
PERMITTED BY LAW ANY WARRANTIES OR OTHER SERVICES OR GOODS RECEIVED
AS A RESULT OF USE OF THE ZOOSPI SITE OR SERVICE, OR ACCESSED THROUGH
LINKS ON THE ZOOSPI SITE OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY
LAW, ZOOSPI ALSO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE ZOOSPI SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some
of the disclaimers described above may not apply to you as they related to implied warranties.
You agree to indemnify and hold Zoospi, Roospi, its officers, subsidiaries, affiliates, successors,
assigns, directors, officers, agents service providers, suppliers and employees harmless from any
claim or demand, including claims for attorneys fees and court costs, made by any third party due
to or arising out of information posted by you on the Service, arising out of your use of the Service,
or resulting from actions of other Zoospi Service users with whom you transact, your violation of
the TOU, your breach of any of the representations and warranties herein, or your violation of any
rights of another.
All claims you bring against Zoospi, Roospi, or the Service must be resolved in accordance with the
TOU. The TOU and the relationship between you and Zoospi shall be governed by the laws of the
State of California without regard to the conflict of laws provisions of California or any other State
in which you access or use the Service. You and Zoospi agree to submit to the personal and
exclusive jurisdictions of the courts located within the County of Santa Clara, California. All claims
filed or brought contrary to this section shall be considered improperly filed. Should you file a claim
contrary to this Section, Zoospi may recover attorneys fees and costs up to $1,000, provided that
Zoospi has notified you in writing of the improperly filed claim, and you have failed to promptly
withdraw the claim.
The TOU, including any agreements explicitly incorporated in writing, constitutes the entire agreement between you and Zoospi and governs your use of the service, superseding any prior agreements between you and Zoospi. The failure of Zoospi to exercise
or enforce any rights or provisions of the TOU shall not constitute a waiver of that right or provision.
If any provision of the TOU is found to be invalid by a court of competent jurisdiction, the parties
agree that the court should endeavor to give effect to the parties intentions as reflected in that
provision and/or the TOU, and all other provisions of the TOU shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, and claim or cause of action arising
out of or related to your use of the services must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in these TOU are solely used for the convenience of the parties and have no
contractual or legal significance.
Amendment of Agreement
Zoospi may amend these TOU at any time by posting the amended terms on this Site. Except as
otherwise stated, all amended terms shall be automatically effective 30 days after they are initial
posted. This Agreement may not be otherwise amended except in a writing signed by you and
Zoospi. This Agreement sets forth the entire understanding and agreement between you and Zoospi
with respect to the subject matter hereof.
UPDATED: MARCH 2, 2008