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OFFICEZILLA'S TERMS OF USE

Effective Date: June 15, 2012

The following Terms of Use ("Terms" or "Agreement") govern your ("you," "your", or "End User") use of the website www.officezilla.com, and any mobile and touch applications, and telephone and email correspondence between you and us relating to the same (collectively referred to as the "Site"). Zilla Holdings, LLC, a Delaware limited liability company ("Zilla Holdings," "We," "Our" or "Us") is the owner and operator of the Site. This is an agreement between you and Zilla Holdings. Please read this Agreement carefully as it is binding on you. Your use and access of the Site constitutes your agreement and complete acceptance, without modification, of the following Terms. Should you object to any provision or condition contained within these Terms, Zilla Holdings' Privacy Policy, or any other requirement or guideline posted by Zilla Holdings, your only option is to immediately discontinue using or accessing the Site, and any products and services offered by or through the Site.

Modification of this Agreement.

Subject to applicable laws, Zilla Holdings, in its sole discretion, reserves the right to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting of the modified Terms. You should review these Terms regularly as they may change at any time at our sole discretion. By accessing and using the Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised Terms. If you do not agree to any term or condition, you should not access or otherwise use this Site.

Availability of the Site.

While Zilla Holdings uses reasonable efforts to keep the Site accessible, errors, omissions, interruptions of service and delays may occur at any time for any reason. You acknowledge and understand that such errors, omissions, interruptions of service and delays may occur at any time as a result of circumstances within and beyond Zilla Holdings' control. Except where restricted by applicable law, Zilla Holdings does not accept any liability which arises from any such errors, omissions, interruptions or delays which may occur with regard to the Site or any of the products or services offered on the Site. Zilla Holdings also reserves the right to deny access to the Site to anyone, at any time, for any reason without notice.

Registering on the Site.

In order to purchase a product offered on the Site, you must first register with the Site and create a unique User Id and Password? If you choose to register with the Site, you agree to create only one account and to provide accurate and complete registration information. You are solely responsible for the safeguarding of your User Id and Password and any activity that occurs while you are signed into your account or while you are using the Site with your User Id. Your account is non-transferrable and may not be sold, combined or shared with another person. If you violate these terms, Zilla Holdings may terminate your account. If you falsify information or commit fraud with respect to your account, Zilla Holdings may terminate your account and pursue legal action against you for any damages suffered by Zilla Holdings. If Zilla Holdings terminates your account, you may not re-register on the Site except with Zilla Holdings express permission.

Payment Information.

Should you choose to place an order for products offered on the Site, Zilla Holdings accepts the following methods of payment: Visa, MasterCard, and American Express. Zilla Holdings also accepts payment by debit card, checking account, and through Bill Me Later®, PayPal® and Google® payment methods. Credit and debit cards will be charged at the time the order is placed.

Refund and Returns Policy.

If you are not happy with your purchase at OfficeZilla.com you may return your product (subject to some restrictions) within 30 days. For a full refund, 100% of the original packaging must be returned.

If you ordered the wrong item it must be reported within 5 business days of delivery. A restocking fee may be applied.

Returns will require a Return Authorization (RA) to be completed. Instructions on the RA process can be found on www.officezilla.com or by calling our support line at 1-800-699-7549.

Please visit www.officezilla.com for full details regarding our return policy. If you have a refund request or question regarding our refund policy, please contact Zilla Holdings at: Questions@OfficeZilla.com.

Use of Interactive Areas.

The Site is private property and all interactions on the Site must be lawful and comply with this Agreement. The Site may contain discussion forums, bulletin boards, discussion groups, chat rooms or other forums in which you and third parties may publish, post, and obtain access to various kinds of information on the Site ("Interactive Areas"). When using or accessing the Site, including the Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish content that:

  • infringes on the copyright, trademark, trade secret or other intellectual property or proprietary rights of others;
  • violates the privacy, publicity or other rights of others;
  • is unlawful, immoral, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law, in any country of the word, or is otherwise inappropriate, as determined by Zilla Holdings in its sole discretion;
  • is false or inaccurate;
  • is technically harmful, including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data; or
  • could damage Zilla Holdings or any of its parent companies, franchisors, franchisees, sister companies, affiliates, advertisers, partners or other parties.

If Zilla Holdings provides such Interactive Areas, you are solely responsible for your use of the Interactive Areas and agree to use them at your own risk. Zilla Holdings has the right to monitor the content contained within these Interactive Areas, and may remove materials from these Interactive Areas that it finds in its sole discretion, to be objectionable or in violation of this Agreement. Any opinions, advice, ratings, postings, or communications made by you or any other user within the Interactive Areas ("Comments") are those of the respective author and are not the official opinions of Zilla Holdings. Zilla Holdings specifically disclaims any liability with regard to any Comments made by you or any third party in the Interactive Areas and any actions resulting from your participation in the Interactive Areas. You further understand and agree that any Comments you submit to the Interactive Areas of the Site are public, not private. Please do not include any personally identifiable information in these submissions.

Proprietary Rights - Copyrights.

All of the content included on the Site, including all materials, software, HTML or other code, documents, text, designs, graphics, logos, images (including photographs) audio and video ("Content") is the property of Zilla Holdings, or is being used by Zilla Holdings with permission, and is protected by United States copyright laws. You agree not to use, distribute, transmit, transfer, modify, perform, publish, display, license, reproduce, duplicate, copy, sell, resell, translate, exploit or created derivative works of the Content for any commercial purpose. None of the Content may be reverse-engineered, disassembled, decompiled, transcribed, resold, redisplayed or redistributed without Zilla Holdings' specific prior written consent. Zilla Holdings grants you a limited license to access, view and use the Site, and to print individual pages of the Site for your own personal, noncommercial use, provided that you accept the terms and conditions set forth in this Agreement, and acknowledge that you do not acquire any ownership rights by using or downloading the Content. Additionally, some material included on the Site is copyrighted by third parties, and you may not use, modify, copy, distribute, transmit, display or reproduce any of this third party content without the prior written consent of Zilla Holdings. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, image audio, and/or video on the Site shall not be broadcast, rewritten for broadcast or publication, translated or redistributed directly or indirectly in any media, nor stored in a computer, except for personal and non-commercial use.

Proprietary Rights - Trademarks.

The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site are the property of Zilla Holdings or other third parties. Users are not permitted to use these Trademarks without the prior written consent of Zilla Holdings or such other third parties. OFFICEZILLA, OFFICE ZILLA & Design, ZILLA DEALS, and LESS MONEY MORE FUNNY are the registered and unregistered Trademarks of Zilla Holdings. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark, without the prior written permission of Zilla Holdings. Zilla Holdings prohibits the use of any of its logos as part of a link to or from any website, unless such link is approved in advance by Zilla Holdings in writing. Further, the design and layout of the Site is protected as Zilla Holdings' trade dress and may not be copied or imitated in whole or in part.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE.

In accordance with the terms of the Digital Millennium Copyright Act (the "Act"), Zilla Holdings has registered an agent with the United States Copyright Office, and avails itself of the protections under the Act. Zilla Holdings reserves the right to remove any material or information on the Site, which allegedly infringes another person's copyright. Notices to Zilla Holdings regarding any alleged copyright infringement on the Site should be directed to: Zilla Holdings, at 2774 N. Cobb Parkway, Suite 109-334 Kennesaw, Georgia, 30152, or via email to: Infringement@OfficeZilla.com

Removal of Material.

Zilla Holdings reserves the right to remove any material or information from the Site or the Interactive Areas that violates these Terms, or that, for whatever reason, Zilla Holdings deems inappropriate.

Links to Third Party Sites.

This Site may contain links to websites maintained, owned or operated by parties other than Zilla Holdings. Such links are provided for your reference only. Zilla Holdings does not control the outside websites or the information contained on these websites and is not responsible for the content contained on such websites. If you decide to access any of the third party sites linked to this Site, and leave the Site, you do so entirely at your own risk. The fact that Zilla Holdings provides a link to a third party website does not mean that Zilla Holdings endorses, adopts, authorizes or sponsors that website. Zilla Holdings expressly disclaims any representations, warranties or conditions regarding the content or accuracy of the materials on such websites. It also does not mean that Zilla Holdings is affiliated with the third party website's owners or sponsors.

Security of Information Transmitted.

You understand and acknowledge that Zilla Holdings does not control the security of the Internet or other networks that you use to access the Site or to transmit information to Zilla Holdings. You agree that Zilla Holdings is not responsible for the loss of any data or the security of the information that you submit or transmit to the Site or Zilla Holdings.

Disclaimer of Warranties.

YOU AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, ALL CONTENT ON THE SITE, AND ANY THIRD PARTY CONTENT POSTED ON THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER ZILLA HOLDINGS, NOR ITS RESPECTIVE EMPLOYEES AND AGENTS, MAKE ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ZILLA HOLDINGS ALSO DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE SITE, ANY USER CONTENT POSTED ON OR ACCESSIBLE FROM THE SITE OR ANY LINKED SITES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, CONTENT OR USER CONTENT CONTAINED ON THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.

Limitations of Liability.

UNDER NO CIRCUMSTANCES SHALL ZILLA HOLDINGS OR ITS RESPECTIVE EMPLOYEES AND AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZILLA HOLDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR FROM MISTAKES, OMISSIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF ANY KIND, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM THE INABILITY TO USE THE SITE OR THE INTERRUPTION, SUSPENSION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED THROUGH THE SITE OF ANY LINKS ON THE SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, THE AGGREGATE LIABILITY OF ZILLA HOLDINGS AND ANY OTHER PARTY INVOLVED IN CREATING, ADMINISTRATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO $50.00.

Governing Law.

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Zilla Holdings ("Dispute") shall lie in the state courts located in Cobb County, Georgia, or the federal courts in the Northern District of Georgia. You hereby waive any right you might have to resolve any Dispute on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated.

Privacy.

The Site is governed by the terms and conditions set forth in our Privacy Policy. Please refer to Zilla Holdings' Privacy Policy for information regarding how Zilla Holdings collects, uses and discloses personally identifiable information.

Notice to International Users.

This Site may be accessed by users from countries outside of the United States. This Site may contain products, or references to products, which are not available outside the United States. These references do not imply that Zilla Holdings intends to make such products available outside the United States. This Site is owned and operated by Zilla Holdings in the United States. If you choose to access and use the Site from outside the United States you are responsible for complying with the applicable local laws and regulations of your country.

Contacting Us.

If you have any questions about this Site or Zilla Holdings in general, please call us toll-free at 1-800-699-7549, send us an e-mail at: Questions@OfficeZilla.com or write to us at: Zilla Holdings, 2774 N. Cobb Parkway, Suite 109-334 Kennesaw, Georgia, 30152