Terms

Roomzilla – Terms of Use

By using the Roomzilla.net website and Roomzilla’s service (“Service”), or any services of Roomzilla Technologies, Inc (“Roomzilla”), you agree to be bound by the following terms and conditions (“Terms of Use”). If Roomzilla makes material changes to these Terms of Use, we will notify you by email or by posting a notice on our site.

 

Our Relationship

  • By accessing and using our products and services, you agree to comply with the Terms of Use listed here as well as our Privacy Policy.
  • We agree to do our absolute best to provide you with quality services. In return, you agree to refrain from activity that interferes with or prohibits us from providing these services to you.
  • By using our services, you agree to access them through our interface and not to attempt circumventing our system.
  • We reserve the right to terminate your account or stop providing products and services should you violate our Terms of Use.
  • Should you decide you no longer want to use our products, you can terminate your agreement at any time by asking for your account to be destroyed.
  • Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Use at any time at: http://www.roomzilla.net/terms
  • Violation of any of the terms listed here will result in the termination of your Account.
  • While Roomzilla prohibits such conduct and Content on the Service, you understand and agree that Roomzilla cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Your Responsibilities

  • You must provide a valid email address, and any other required information.
  • You must ensure your account information remains accurate.
  • You are responsible for the safekeeping of your account credentials. Account activity is your responsibility, so we suggest keeping this information in a safe place.
  • Your account may only be used by one person or legal entity.
  • You are responsible for content posted and any activity that occurs under your account.
  • We will not be liable for decisions you make or your actions beyond the scope of our products.
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
  • You may not resell, copy, or make our products available to others without our written permission. If you love our product enough to pass it along, please just ask us for permission.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

Our Services

  • We constantly add to and improve our products and services. We may update, add, or remove products without prior notice.
  • We strive to provide you with an exceptional customer experience and are always open to suggestions, comments, and feedback through our provided means of communication.
  • We work diligently to make sure our products and services are available and reliable. Because of the nature of our business, this is not something we can always control or guarantee.

Enrollment and Subscription

  • The Service is invoiced in advance on a monthly basis. Payment is due on the 1st of each month.
  • A Credit Card, Check or ACH transfer is required for payment.
  • There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
  • All enrollment plans are automatically renewed unless customers preemptively deactivate their enrollment, which can be done by contacting Roomzilla.
  • All enrollment fees exclude all taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  • When rooms are added to an enrolled organization a prorated charge for the new rooms will be made immediately based on the remaining number of days in your current billing cycle. The full room price will only be charged when the enrollment is next renewed.
  • Downgrading your Service may cause the loss of content, features, or capacity of your account. Roomzilla doesn’t accept any liability for such loss.
  • Billing Disputes. Subscriber must notify Roomzilla within seven (7) days after receiving its credit card statement or invoice, as applicable, if Subscriber disputes any Roomzilla charges or any such dispute will be deemed waived.
  • Failure to Pay. If payment is not received within the required time period, or if we are unable to renew Subscriber’s plan based on inaccurate or outdated payment method information, we may suspend Subscriber’s and its Users’ ability to access the Platform until payment is received, in which event no additional time will be added to the then-applicable subscription term.

Cancellation and Deactivation

  • You are responsible for properly canceling your subscription. You can do so at any time by contacting Roomzilla, however your subscription is not considered cancelled until you receive confirmation.
  • If you deactivate your subscription more than 15 days before the end of your current billing cycle, your cancellation will be effective on the day the next cycle is set to start. Otherwise, your cancellation will be effective at the end of the following billing cycle. In the meantime, you will retain access to our Service.
  • Roomzilla, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Roomzilla service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Roomzilla reserves the right to refuse service to anyone for any reason at any time.

Modifications of Prices

Prices and charges relating to the Platform (“Service”) are posted on the Site. Roomzilla may change the prices and charges for the Platform (“Service”) from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Platform (“Service”)  are effective no sooner than Subscriber is notified of the increases, including being sent an electronic notification to the email address registered on Subscriber’s account. Any price changes for Platform (“Service”) subscriptions will only take effect upon Subscriber’s renewal of its subscription to the Platform (“Service”) .

Modification of Service

Roomzilla may, in its sole discretion, change, modify, add, or remove portions, features or functions from the Service, or suspend the Service or any portion thereof, without notice or liability to you or to any third party (except that, in the event of a scheduled suspension of the Service, Roomzilla will use reasonable efforts to provide you with actual notice – rather than merely constructive notice – as soon as commercially practicable under the circumstances). You agree that Roomzilla shall not be liable to you for any modification, or suspension of the Service or any features or functions thereof.

Account Suspension and Termination by Roomzilla

Roomzilla may suspend or terminate your access to the Service or to any features or portions thereof, or may terminate this Agreement, at any time if you violate this Agreement (including any failure to pay amounts when due), and Roomzilla shall use reasonable efforts to provide you with notice in such event. If Roomzilla suspends your access to the Service, Roomzilla shall promptly restore your access to and use of the Service after the event giving rise to the suspension has been resolved to Roomzilla’s satisfaction. If 30 days pass from the date of such suspension and you have not resolved the circumstances that led to the suspension, Roomzilla may permanently remove or delete any information that you may have on file with Roomzilla, including any Subscriber Data, Site Content, or Account Credentials.

 

Termination by Subscriber

Subscriber may immediately terminate this Agreement at any time, for any reason, by providing thirty (30) days’ prior written notice to Roomzilla of its intent to terminate this Agreement, however in such event Subscriber shall not receive any refund of fees already paid for the Subscription Term, unless such termination by Subscriber is due to Roomzilla’s material breach of this Agreement and in the case of a breach capable of remedy, Roomzilla fails to remedy the same within thirty (30) days of a request to do so. In such an event, Subscriber shall be entitled to a pro-rata refund of fees already paid.

 

Co-marketing 

You agree to participate in reasonable marketing activities that promote the benefits of the Service to other potential customers and to use of  your name and logo on Roomzilla’s web site and in Roomzilla promotional materials. You agree that Roomzilla may disclose you as a customer of Roomzilla.

 

Marketing communications

You may opt out of marketing-related emails by following the opt-out prompt in Roomzilla’s emails. You may continue to receive Service-related and other non-marketing emails.

We and our third party advertising partners may collect and use your personal information for marketing and advertising purposes such as:

  • Direct marketing
  • Interest-based advertising

 

General Conditions

  • Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  • Technical support is only provided to paying account holders and may only be available via email. Support is only available in English.
  • You may use Roomzilla subdomains (e.g., yourname.roomzilla.net) solely as permitted and intended by the Roomzilla and for no other purpose. You may not use Roomzilla subdomains in violation of Roomzilla’s trademark or other rights or in violation of applicable law. Roomzilla reserves the right at all times to reclaim any Roomzilla subdomain without liability to you.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Roomzilla.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  • You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You understand that Roomzilla uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Roomzilla, or any other Roomzilla service.
  • Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Roomzilla customer, employee, member, or officer, will result in immediate account termination.
  • You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
  • Roomzilla does not warrant that (1) the service will meet your specific requirements, (2) the service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (5) any errors in the Service will be corrected.
  • You expressly understand and agree that Roomzilla shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, damages for loss of profits, goodwill, use, data or other intangible losses (even if Roomzilla has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the service; (2) 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; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service; (5) or any other matter relating to the service.
  • The failure of Roomzilla to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Roomzilla and governs your use of the Service, superseding any prior agreements between you and Roomzilla (including any prior versions of the Terms of Use). You agree to these Terms of Use.
  • You agree to defend, indemnify and hold harmless Roomzilla and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, including any data or Content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.
  • Questions about the Terms of Use should be sent to info@roomzilla.net.

 

Changes to Terms and Conditions

We reserve the right, in our sole discretion, to change or modify this Agreement, our Privacy Policy, or any documents, policies, or terms they incorporate by reference at any time (collectively “Roomzilla Agreement”). Any such modified Roomzilla Agreement will be effective immediately upon being made available to you, and your continued use of the Service thereafter, in whole or part, constitutes your affirmative acceptance of such modified Roomzilla Agreement; provided however, any changes to the Sections entitled “Governing Law” and “Dispute Resolution” will not apply to any disputes for which Roomzilla has actual notice on or prior to the effective date of such modification. You agree to review the Site periodically to be aware of any changes or modifications.

 

Copyright

  • The look and feel of the Service is Copyright ©2016 Roomzilla Technologies, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without the express written permission from Roomzilla.