CONDITIONS OF USE

Welcome to the web site of Zlimit.  Please read the following carefully.  Zlimit and its affiliates provide their services to you subject to the following terms and conditions.  By visiting this web site and/or placing orders or shopping at Zlimit, you acknowledge that you have reviewed the policies and Conditions of Use and that you accept and shall be bound by such policies and Conditions of Use.  Additionally, when you use any current or future Zlimit service, you remain subject to these policies and Conditions of Use.

PRODUCT DESCRIPTIONS

Zlimit and its affiliates attempt to be as accurate as possible. However, Zlimit and its affiliates do not warrant that product descriptions or other content on this web site is accurate, complete, reliable, current, or error-free. If a product offered by Zlimit itself is not as described, your sole remedy is to return such product in unused condition.

PAYMENT

You may pay for orders with certain major credit cards issued in the United States.  Currently Zlimit accepts corporate and personal Visa®, MasterCard®, American Express® and Discover® Card for award purchases.  All orders must be paid in full at the time they are placed, whether such purchase is made by card credit payment alone or by a combination of offer/redemption code usage and credit card payment.  Partial payments cannot be accepted.

OFFER/REDEMPTION CODES USAGE AND EXPIRATION

• Offer/redemption codes may only be used one time, for the reward level specified.  Offer/redemption codes are no longer valid after they have been redeemed.
• Offer/redemption codes may not be split or combined to change the value of any award. For example, two $25 offer/redemption codes may not be combined to create a $50 award or a $100 offer/redemption code may not be split to create four $25 awards or two $50 awards.
• Offer/redemption codes may only be redeemed through this web site, Zlimit.com.
• Offer/redemption codes may not be exchanged or redeemed for their cash equivalent.
• Offer/redemption codes issued prior to 5/1/06 are valid for 36 months from their date of issue. Offer/redemption codes issued after 5/1/06 are valid for 24 months from their date of issue. After the expiration date, offer/redemption codes may be renewed/refreshed only by contacting Customer Service.
• Offer/redemption codes do not decrease in value as time passes.

SHIPPING

All items purchased and redeemed on this web site are subject to availability and will be shipped according to Zlimit’s shipping policies.  The cost for standard shipping and handling shall be paid by the purchaser and has already been included in the price of the products found on this web site.  Standard shipping will be via ground.

In the rare event that your order never arrives, Zlimit must receive notification of lost items within 60 days from order confirmation.

Zlimit accepts no liability or responsibility for delays, or inability to fulfill an order for any causes such as fire, explosion, actions of the elements, strikes, or any other differences with workers, restrictions, or restraints imposed by law, rules or other order of public authority, interruption of transportation or other causes of nature or otherwise beyond our control.

AWARD RETURNS/EXCHANGES/SHIPPING DAMAGE

Award recipients may return or exchange reward items by contacting Customer Service.

• Returns and exchanges may only be for an item from the same award level as the returned or exchanged item and must be made within 30 days from the item’s receipt and must be returned with all packing material intact as received.
• Reward items damaged in shipping should be reported immediately upon receipt by calling Customer Service at the number above.
• All shipments with major damage beyond cosmetic damage to shipping materials should be refused and such damages should be noted on the freight bill.  Customer Service should be contacted immediately to report such damage and to provide Customer Service with the order number and item description.
• In the event of discovery of concealed damages, you should retain the merchandise and original carton with all packing and contact Customer Service with the order number and item description and to obtain further instructions.
• All claims must be made within 3 days of delivery.

SALES TAX POLICY

Zlimit does business throughout the United States and collects and remits sales tax as appropriate.  Currently, orders placed by individuals or companies located in the following states are subject to state sale tax.

Sales tax is calculated on the total value of offer/redemption codes purchased and/or products purchased by credit card and will be displayed with the order subtotal.  The value of the codes or products ordered and the tax will be charged to your credit card at the time you place your order.  The billing address of the individual or company completing the purchase will be used to determine the taxable status of an order. Please contact Customer Service if you or your company requires additional information and assistance.

INCOME TAX POLICY

You acknowledge that awards redeemable on this web site for products may constitute taxable income to you.  You further acknowledge and agree that no provision has been made or will be made by Zlimit with respect to withholding any amounts on your behalf from awards for the purpose of satisfying federal, state or local income tax liability in connection therewith.  You shall remain solely responsible for reporting and remitting the proper income tax amount to the proper taxing authorities in connection with your redemption of awards on this web site.  You further agree to indemnify, defend and hold harmless, Zlimit and its affiliates, from any filed, threatened or pending claims, demands, suits or other actions brought or asserted against Zlimit or it affiliates by any taxing authorities in connection with your use this web site and/or redemption of awards for products on this web site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEB SITE AND ALL PRODUCTS INCLUDED HEREIN ARE PROVIDED BY ZLIMIT ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ZLIMIT MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZLIMIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  ZLIMIT DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR EMAIL SENT FROM ZLIMIT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ZLIMIT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE OR THE USE OF PRODUCTS ACQUIRED FROM THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Zlimit, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern any purchase made on this web site, these Conditions of Use and any dispute of any sort that might arise between you and Zlimit or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Zlimit or to products you purchase through Zlimit shall be submitted to confidential arbitration in Dayton, Ohio, except that, to the extent you have in any manner violated or threatened to violate Zlimit’s intellectual property rights, Zlimit may seek injunctive or other appropriate relief in any state or federal court in the State of Ohio, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

WAIVER

Acceptance by Zlimit of any performance less than required by these policies and Conditions of Use shall not be deemed to be a waiver of the rights of Zlimit to enforce all of the policies and Conditions of Use.  No waiver by Zlimit of any of the policies and Conditions of Use shall be deemed to be or shall constitute a waiver of any other of the policies and Conditions of Use, whether or not similar, nor shall any such waiver constitute a waiver of any subsequent failure, delay or breach by you.

WEB SITE POLICIES, MODIFICATIONS AND SEVERABILITY

Zlimit reserves the right to make changes to this web site, its policies, and these Conditions of Use at any time without notice to you.  Further, you acknowledge and agree that you have the affirmative obligation to visit this web site to review the policies and these Conditions of Use to determine if any change or amendment has been made thereto, and that you shall be bound by such changed or amended policies and Conditions of Use, if any, from the time that such change or amendment became effective, regardless of whether you reviewed the policies and Conditions of Use at that time.  If any of the policies or the Conditions of Use shall be deemed invalid, void, or for any reason unenforceable, that such policy or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining policies or conditions.

ELECTRONIC COMMUNICATIONS

When you visit Zlimit.com and/or send emails to Zlimit, you are communicating with Zlimit electronically.  In communicating with Zlimit electronically, you consent to receive communications from Zlimit electronically.  Zlimit will communicate with you by email or by posting notices on this web site.  You agree that all agreements, notices, disclosures and other communications that Zlimit provides to you electronically will satisfy any legal requirements that such communications be in writing.

COPYRIGHT

All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, downloads, data compilations and software is the property of Zlimit or its content suppliers and protected by United States and international copyright laws.  The compilation of all content on this web site is the exclusive property of Zlimit and protected by U.S. and international copyright laws.  All software used on this web site is the property of Zlimit or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Zlimit, the Z-Limit, zlimit.com, Zlimit.com, Z-Limit.com, thezlimit.com, MyRewardSource and other marks indicated on this web site are registered trademarks of Zlimit, in the United States and other countries.  Zlimit’s trademarks may not be used in connection with any product or service that is not Zlimit’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Zlimit.  All other trademarks not owned by Zlimit that appear on this web site are the property of their respective owners.

LICENSE AND WEB SITE ACCESS

Zlimit grants you a limited license to access and make personal use of this web site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Zlimit.  This license does not include: any resale or commercial use of this web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This web site or any portion of this web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Zlimit.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zlimit or its affiliates without their express prior written consent.  You may not use any meta tags or any other "hidden text" utilizing Zlimit’s name or trademarks without the express written consent of Zlimit.  Any unauthorized use terminates the permission or license granted by Zlimit.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of Zlimit provided that the link does not portray Zlimit, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.  You may not use any Zlimit logo or other proprietary graphic or trademark as part of a link without express prior written consent of Zlimit.  Consent may be obtained by writing to CustomerService@zlimit.com

YOUR ACCOUNT

If you use this web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  Zlimit does sell products for children, but it sells them to adults, who can purchase them with a credit card.  If you are under the age of 18, you may use Zlimit only with the involvement and supervision of a parent or guardian.  Zlimit and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may create a page, upload images, send e-cards, and submit suggestions, ideas, comments, questions, or other information, provided, however, that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."  You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.  Zlimit has the right but not the obligation to remove or edit such content.  If you do submit material, and unless Zlimit indicates otherwise, you grant Zlimit and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You grant Zlimit and its affiliates and sublicensees the right to use the name that you submit in connection with such content.  You represent and warrant that: you own or otherwise control all of the rights of content that you post; the content is accurate; use of the content by you supply does not violate Zlimit’s policies and Conditions of Use and will not cause injury to any person or entity; and you will indemnify Zlimit or its affiliates for all claims resulting from content you supply.  Zlimit has the right but not the obligation to monitor and edit or remove any activity or content.  Zlimit takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT & PATENT COMPLAINTS

Zlimit and its affiliates respect the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright or patent infringement, please provide Zlimit’s copyright/patent agent the written information specified below.  Please note that this procedure is exclusively for notifying Zlimit and its affiliates that your copyrighted and/or patented material has been infringed upon.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/patent interest.
• A description of the copyrighted and/or patented work that you claim has been infringed upon.
• A description of where the material that you claim is infringing is located on the web site, including the auction ID number, if applicable.
• Your address, telephone number and email address.
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright and/or patent owner, its agent, or applicable law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright and/or patent owner or authorized to act on the copyright and/or patent owner’s behalf.

Zlimit’s copyright/patent agent for notice of claims of copyright and/or patent infringement on its web site can be reached as follows:

Zlimit Legal Department
6 N. Main Street, Suite 370
Dayton, Ohio 45402 Attn: Copyright/Patent Agent

Phone: (937) 312-3187
Fax:  (815) 366-3187
Email: LegalDept@zlimit.com

PRIVACY STATEMENT

Zlimit is committed to protecting the privacy of its customers.  In order to provide high quality products and services, Zlimit may collect personal information about you, your company, your business and/or associates.  Zlimit does not sell or rent your personal information to third parties for their marketing purposes without your prior consent.  Zlimit discloses personal information only as necessary to provide the products and services you expect from Zlimit.  Zlimit views protection of users’ privacy as a very important community principle.  Zlimit understands clearly that you and your information is one of your most important assets that you possess and as such, Zlimit maintains physical, electronic and procedural safeguards to protect your information.

WHAT INFORMATION DOES ZLIMIT GATHER?

Information on this web site is gathered in two ways:  (1) indirectly (for example, through this web site’s technology); and (2) directly (for example, when you provide information on various pages of this web site).

One example of information Zlimit collects indirectly is through our Internet access logs.  When you access this web site, your Internet address is automatically collected and is placed in Zlimit’s Internet access logs.

When you browse on this web site your email address is not automatically collected but Zlimit’s server may automatically gather and store the following information about your visit:

• Your Internet domain name and IP address;
• The type of browser and operating system used to access this web site;
• The pages you visit; and
• The date and time of your visit.

Zlimit may collect information directly from you in a number of ways, some of which Zlimit describes in this Privacy Statement.  One possible way is through the use of “cookies.”  Cookies are small files of information, which save and retrieve information about your visit to this web site.  For example, such information may include how you entered this web site, how you navigated through this web site, and what information was of interest to you.  The cookies Zlimit uses identify you merely as a number.  For your information, most web browsers automatically accept cookies but you can change your personal browser preferences to either stop the placing of cookies on your hard drive or to warn you whenever you are sent a cookie.  Without cookies, you will be limiting your use of some of the features and functionality of this web site.  If you have any questions now or during your visit, please contact Zlimit via the webmaster at webmaster@zlimit.com.

ZLIMIT’S ADDRESS
Zlimit
6 N. Main Street, Suite 370
Dayton, Ohio 45402