Please read the following Terms and Conditions (these “Terms”) closely before using
Zonder.com (the “Website”). By accessing, browsing and using this Website, you acknowledge
that you have read, understood and agree to comply with these Terms.
Zonder may at any time modify these Terms, and your continued use of this Website
will be conditioned upon the terms and conditions in force at the time of your use.
PERSONAL USE. The Website may not be used for any reason other
than (1) for renters to book, view or make legitimate inquiries to owners regarding
interest in their particular vacation rental properties (“Property”), (2) for owners
to list their Property, respond to legitimate inquires from potential renters, and
book their Property for rent (collectively, the “Service”), and (3) any additional
services Zonder may wish to provide in the future, including any travel related
services.
UNAUTHORIZED USE. Unless otherwise provided within these Terms,
or unless specific applicable law requires Zonder to allow you to do so, you may
not do any of the following without the prior written consent of Zonder:
Use the Website for the transmission of any material that is unlawful, harassing,
libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar,
obscene, tortious, pornographic, or otherwise objectionable, or that infringes or
may infringe the intellectual property or other rights of another or for the transmission
of any material that could constitute or encourage conduct that would be considered
a criminal offense, give rise to civil liability, or otherwise violate any law;
or for any other purpose that is unlawful or prohibited by these Terms;
Directly or indirectly interfere or attempt to interfere with the proper working
of the Website, any account, or any communication or transaction being conducted
on our Website;
Use any robot, spider, other automatic device, or manual process to monitor or copy
our web pages or the Content without our prior expressed written permission;
Take any action which imposes an unreasonable or disproportionately large load on
our infrastructure;
Use or disclose (to anyone except Zonder) any information you obtain about any other
third party that may use or access the Service, or you obtain from Zonder;
Conduct fraud, hide or attempt to hide your identity, represent yourself as someone
else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise
the security of any account, interfere or attempt to interfere with the proper working
of the Website;
Copy, reproduce, upload, post, display, republish, distribute or transmit any part
of the content (as defined below) in any form whatsoever;
Reproduce our content on your Website using any device including, but not limited
to, use of a frame or border environment around the Website, or other framing technique
to enclose any portion or aspect of the Website, or scrape, mirror or replicate
any portion of the Website;
Modify, translate into any language or computer language, or create derivative works
from, any content (defined below) or any part of the Website;
Reverse engineer any part of the Website;
Sell, offer for sale, transfer, or license any portion of the Website in any form
to any third parties; or
Upload or transmit to the Website or use any device, software or routine that contains
viruses, Trojan horses, worms, time bombs, or other computer programming routines
that may damage, interfere or attempt to interfere with the normal operation of
our Website, or appropriate the Website or any system, or take any action that imposes
an unreasonable load on our computer equipment, or that infringes upon the rights
of a third party;
PRIVACY. You confirm that you have read, understood and agree to
the Zonder Privacy Policy, the terms of which are incorporated herein, and agree
that the terms of such policy are reasonable and satisfactory to you. You consent
to the use of your personal information by Zonder, its third-party providers, and/or
distributors in accordance with the terms of and for the purposes set forth in the
Zonder Privacy Policy. If you are not a resident of the United States, please note
that the personal information you submit to the Website will be transferred to the
United States and processed by Zonder in order to provide this Website and its services
to you, or for such other purposes (as set forth in the Privacy Policy). Zonder
makes no representation or warranties with regard to the sufficiency of the security
measures used for data handling and storage. Zonder will not be responsible for
any actual or consequential damages that result from a lapse in compliance with
the Zonder Privacy Policy because of a security breach or technical malfunction.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS. All comments, feedback,
suggestions and ideas disclosed, submitted or offered to Zonder in connection with
your use of this Website (collectively, “Comments”), shall become and remain the
exclusive property of Zonder. Zonder may use the Comments in any medium and for
any purpose worldwide, without obtaining your specific consent and you relinquish
all rights to such Comments. For example, your Comments could be used on this Website
and in radio, television and print advertisements. Your first name, first initial
of your last name, and town and state may be used with any Comments you submit.
Zonder is under no obligation to maintain your Comments (and the use of your first
name and first initial of your last name with any comments) in confidence, to pay
to you any compensation for any Comments submitted or to respond to any of your
Comments. You agree you will be solely responsible for the content of any Comments
you make.
LIMITATION OF LIABILITY. IN NO EVENT WILL ZONDER BE LIABLE FOR
ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS
AGREEMENT OR YOUR USE OF THE WEBSITE, EVEN IF ZONDER HAS BEEN ADVISED OF THE POSSIBLITY
OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER
THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT
LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT
SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE
DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT,
OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ZONDER WITH RESPECT TO THIS AGREEMENT
OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
WEBSITE.
FURTHER, ZONDER ACCEPTS NO RESPONSIBILITY FOR ANY DAMAGE AND/OR DELAY DUE TO RENTER
CANCELLATIONS, SHORTAGES, SICKNESS, PILFERAGE, LABOR DISPUTES, MACHINERY BREAKDOWN,
QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER OR ANY OTHER CAUSES BEYOND ZONDER’S CONTROL.
NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR
ACTS OF ANY GOVERNMENTAL AUTHORITY. ZONDER SHALL NOT BE RESPONSIBLE FOR ANY SERVICE
PROVIDER’S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY; NOR SHALL ZONDER BE RESPONSIBLE
FOR ANY OTHER WRONGDOING OF A SERVICE PROVIDER (INCLUDING ANY LIABILITY IN TORT),
AS TO ANY SERVICES AVAILABLE THROUGH THIS SITE. ZONDER SHALL NOT BE RESPONSIBLE
FOR ANY SERVICE PROVIDER'S FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS, NOR
FOR ANY SERVICE PROVIDER'S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE AND
LOCAL LAW.
RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE ZONDER
AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES,
AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER
OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER
AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH
ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. IF YOU ARE
A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “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.” IF YOU ARE A RESIDENT
OF A STATE WITH ANY SIMILAR LIMITATION ON RELEASES AND WAIVERS OF THIRD PARTIES,
YOU HEREBY WAIVE ANY STATUTE OR COMMON LAW PRINCIPLE OF SIMILAR EFFECT IN THAT STATE
TO THE MAXIMUM EXTENT ALLOWED BY LAW.
OWNERSHIP RELATING TO ZONDER WEBSITE. All of the material included
on the Website, including but not limited to trademarks, text, graphics, logos and
service marks (collectively, the “Content”), is the property of Zonder or other
parties. U.S. and international copyright laws protect all Content available on
the Website. Your use of the Service and the Content does not transfer to you any
ownership or other rights in the Service or the Content. You may download Content
displayed on the Website for your personal, noncommercial use only, provided you
also retain all copyright and other proprietary notices contained on the Content.
You may not modify, copy, distribute, transmit, display, publish, sell, license,
or create derivative works using any of the Content for commercial or public purposes.
If you believe that any content posted on the Website infringes any of your intellectual
property rights or the intellectual property rights of any third party, you must
promptly provide the following notice in writing to ‘support’ at zonder.com: (1)
a physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (2) identification of the
copyright work claimed to have been infringed, or, if multiple copyrighted works
at a single online site are covered by a single notification, a representative list
of such works at that site; (3) identification of the material that is claimed to
be infringing or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient to permit
us to locate the material; (4) information reasonably sufficient to permit us to
contact you; (5) a statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent
or the law; and (6) a statement under penalty of perjury that the information in
the notification is accurate and that the complaining party is authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE
IS AT YOUR OWN RISK. ZONDER PROVIDES THE SERVICE ON AN “AS IS” BASIS. ZONDER AND
ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AND NATURE,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ZONDER AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR
REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DO ZONDER OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, AS TO CONFIDENTIALITY OR PRIVACY
OF ANY OF USER’S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. ANY MATERIAL OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. ZONDER AND
ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE
AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS
OR OTHER PARTIES THAT USE OUR WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM ZONDER OR THROUGH THE WEBSITE, SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TERMINATION OF USAGE. User access to all or part of this Website
may be terminated or suspended at any time, without notice and for any reason.