Legal

Table of Contents

 

Copyright Policy

All materials contained on this Web site (including text, content, photographs, video, and audio) are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published, broadcast, or modified in any way without the prior written consent of HW Holdco, LLC, d/b/a Zonda (together with its subsidiaries and affiliates, “Zonda”), or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright, or other notice from copies of this content.

Notwithstanding the foregoing, you may download material from this Web site (one machine-readable copy and one print copy per page) for your own personal, noncommercial use only.

For further information, please contact the Zonda Legal Department at 1-202-452-0800.

 

Privacy Policy

Effective Date: September 2, 2020

This Privacy Policy describes our practices related to the collection and use of personal information utilized by the websites operated by HW Holdco, LLC and its divisions and affiliates, d/b/a Zonda (“Zonda”) at which this Privacy Policy is posted (the “Sites”), as well as other personal information we collected from and about you in other contexts. Regarding our online collection, we note that some of the Sites may include features that do not appear on other Sites, and you should see the applicable terms of each Site for the specific policies for each Site. With respect to our online collection of personal information, this Policy applies only to the Sites and not to any third-party websites that may be accessible from any Site. This Policy also describes Zonda’s offline personal information collection and use practices, and the practices it employs when collecting personal information online through means other than these Sites (for example, if you send us an e-mail message).

Please be sure to read this Privacy Policy before using any Site or submitting information through a Site. This Privacy Policy is current as of the Effective Data above but may change from time to time, so please check this area periodically for updates. If we make any substantive changes to this Policy, we will announce it on our Sites and, if you have provided us with contact information, we will also send you a notice to the e-mail or physical address we have on file for you. Once the changes have been made, your continued use of any of the Sites will constitute your acceptance of the revised Policy.

CALIFORNIA RESIDENTS can learn more about the personal information we collect from and about you, including personal information collected online and offline, in the Supplemental Notice for California Consumers section of this Privacy Policy by clicking here.

If you have questions or concerns regarding our Privacy Policy, we may be reached via e-mail at ZondaPrivacy@zondahome.com, via telephone at (202) 452-0800, or by writing to us at Zonda; ATTN: Customer Service; 1152 15th Street NW; Suite 750 Washington, DC 20005. This Privacy Policy refers to the Zonda Terms and Conditions of Use.

 

What information does Zonda collect and how is it used?

With respect to our online collection of personal information, our Sites actively collect information volunteered by our users in several areas, including for magazine subscription pages, trade show registrations, bookstore transactions, newsletter sign uppages, website registrations, and online surveys. The information we request for you to participate in these features may include personal information (that is, any information, in digital, hard copy, or other forms, that can be used alone or together with other information to directly or indirectly identify a specific individual or household). “Personal information” as used in this Privacy Policy includes pseudonymized, encrypted, and publicly available personal information. It does not include anonymized data.

We will tell you at the time we collect information whether the information requested is necessary for you to participate in a particular feature. The information we collect is used to respond to your specific requests, to send you periodic information and special offers from Zonda and our sponsors, to provide you with updates on Zonda offerings and features, to provide you with product information from manufacturers in our database, to provide notice of changes to our Terms and Conditions of Use and Privacy Policy, and to provide our sponsors and business partners with data about our users. The information you provide is also used to understand users’ interests and behavior, and maybe combined and analyzed with information Zonda may have from other online or offline sources for marketing or other purposes.

As you navigate through our Sites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means. Like most website operators, Zonda uses cookies, web beacons, log files, and other electronic information collection mechanisms to track IP addresses and gather certain information from website users. IP addresses are collected for system administration purposes and for studying how people use our Sites and how we can improve them. When you use a Site, we may record information about your usage of the Site, such as by using the Site’s groups, forums, or blogs and/or uploading images or photos. If you are logged into a Site, we may associate the login information with your account information. In order to ensure the quality of our Sites’ services to you, we may place a tag (also called a web beacon) in HTML-based customer support e-mails to or other communications with you in order to confirm delivery. Zonda uses cookies to identify registered Site users and to automatically give them access to “member only” content areas such as articles and reports, and to provide them with access to previously-stored information. Zonda also uses cookies to estimate our audience size and usage patterns and to track the aggregate number of customer returns at our Sites. Finally, Zonda uses cookies to help simplify the process of filling out certain forms on our Sites that allow you to request information from manufactures in our catalog and/or our advertisers. You can choose whether or not you accept cookies by changing the settings of your browser. However, certain parts of our Sites may not work if you turn off cookies on your browser.

CALIFORNIA RESIDENTS can learn more about how we may use the personal information we collect from and about you in the Supplemental Notice for California Consumers section here.

 

With whom does Zonda share your information?

Zonda shares your information with its affiliates and business partners, including agents such as third-party mail processing facilities. We may employ contractors to help with our operations. Some or all of these contractors may access the databases of user information. These contractors are and will be subject to confidentiality agreements that restrict their use and disclosure of all information they obtain through their relationship with Zonda.

In limited circumstances, Zonda may also share information about its subscribers with third parties in whose products or services Zonda believes you may be interested. We may sell, rent, license, trade or otherwise disclose your personal information, including but not limited to your mailing address, phone number, and other registration information, to third parties for marketing, merchandising, or other purposes, and you should presume that your personal information may thus be subject to future transactions. When sharing your information with third parties, Zonda endeavors to oblige the third parties, via limited use or nondisclosure obligations, to follow practices substantially similar to those of Zonda with respect to such information.

Zonda will also share your information if required by law to do so, to comply with applicable laws or valid legal process, or to protect the rights or property of Zonda.

Additionally, if part or some of our assets are purchased by a third party, Zonda will share your information with the purchaser of all or part of our assets. If you use our “tell a friend” service to e-mail one of our articles, reports or product descriptions to a friend or colleague, Zonda will automatically send this person a one-time e-mail, attaching to the e-mail the content you wished for your friend to receive. Your e-mail address will appear on the “From” line of this e-mail, thereby disclosing this information to whoever opens and reads the e-mail. Zonda may provide users with the opportunity to request additional information from product manufacturers in our online directory or from our advertisers. If you specifically request information from a manufacturer or from one of our advertisers, your contact information will be given to that manufacturer or advertiser, to allow them to decide the best way to fulfill your request. Some of our advertisers may display ads on the Sites that solicit, or contain technology to collect, information about our users. This information is collected and used by our advertisers and is outside of our control. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

CALIFORNIA RESIDENTS can learn more about how we may share the personal information we collect from and about you in the Supplemental Notice for California Consumers section here.

 

What options do you have about how Zonda uses or shares your information?

If you no longer wish for us to share your mailing address or other contact information with our sponsors or other third parties, please send us an e-mail at ZondaPrivacy@zondahome.com. For us to be able to locate your record, your e-mail must include your name, mailing address, e-mail address, and must identify the Zonda product, event, or service for which you are registered. We will endeavor to process your request within 10 days, and thereafter we will no longer share your contact information with third parties. Please note that we will not be able to stop third parties from sending you information about their products or services if your information was shared with them before we received your request. Regarding e-mail specifically, you have the opportunity to elect to stop receiving advertising messages from Zonda about our products or services each time you receive such a communication from us. To unsubscribe from such advertising e-mail messages, please follow the directions included in that e-mail message. We will endeavor to process your request within 10 days. Please note that during that time, you may continue to receive e-mail messages from Zonda about its products or services. Additionally, regardless of whether you have unsubscribed from receiving advertising and promotional material from Zonda, you will continue to receive transactional information from us, such as information relating to your account or payment or bill information. If you receive broadcast e-mail messages that we may send about third party manufacturers in whose products or services we believe you may be interested, and no longer wish to receive such messages, you can do so by following the directions included in the e-mail message you receive. If you have further questions regarding your options with respect to your account information, please contact us at the e-mail or mailing address included at the beginning of this Privacy Policy.

 

What kind of security measures does Zonda use?

We have put in place reasonable and appropriate physical, technical, and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk. Once we receive your transmission, we use our best efforts to ensure its security on our systems. Zonda, however, will have no liability for disclosure of information obtained due to errors in transmissions or the unauthorized intervention of third parties.

Passwords may be used by a Site to protect your personal information. We recommend that you do not share your passwords with anyone, and notify us promptly if you believe your password security has been breached. Zonda will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Also, if you are using a computer that others have access to, such as one in a computer lab, Internet cafe or public library, always remember to log out and close your browser window when leaving any of our Sites. In addition, any personal information or sensitive data that you disclose through any discussion boards or other public online forums hosted on the Sites may be collected and used by others. We recommend caution when giving out personal information to others in these public online forums. When you provide information on these forums, you do so at your own risk. The information you share may be viewed by any other user of the Sites.

 

What is Zonda’s position on children under 13 visiting the Sites?

These Sites are not intended for children under the age of 13. We will not knowingly collect personal information from Site visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose online. If a child has provided us with personal information, a parent or guardian of that child may contact us via e-mail at the above e-mail address if they would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our databases.

 

Links to non-Zonda Websites

Many of our Sites contain links to websites owned and operated by unaffiliated third parties. These links are provided as a service to you, and do not constitute Zonda’s endorsement or support of the third-party websites. The third parties who operate these sites have their own information collection and use practices, and Zonda is not responsible for either the privacy practices or the content of these sites. When you follow a link and leave a Site, you do so at your own risk. We encourage you to review the privacy policies of each third-party site before
providing your personal information, and to contact the providers directly if you have any questions about their privacy policies.

 

Social Media Sites

A Site may contain links to third party social media sites, such as Ning, Facebook, Twitter or YouTube. The operators of such social media sites may collect personal information and use and disclose such information in accordance with their own privacy policies. For each such site, you should check with the site operator regarding its policies regarding the collection, use and disclosure of personal information.

 

International Users

The Sites are hosted in the United States. If you use the Sites from any region with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the United States. By providing personal Information under this Privacy Policy, you consent to the use of personal Information in accordance with this Privacy Policy and the transfer of your personal Information to the United States.

The Sites do not offer goods or services to data subjects in the European Union, nor do the Sites monitor online behavior that takes place within the European Union.

 

California Residents

California residents can learn more about the personal information we collect from or about you through both your online and offline interactions with our products or services in the Supplemental Notice for California Consumers section by clicking here.

 

Terms And Conditions Of Use

Effective Date: December 02, 2015

Thank you for visiting our site. In these Terms and Conditions of Use, “we” or “us” or “Zonda” refers to HW Holdco, LLC and its subsidiaries, divisions and affiliates. These Terms and Conditions of Use are applicable to the websites operated by Zonda at which they are posted (the “Sites”). However, some Sites may include features that do not appear on other Sites, and you should see the applicable terms and conditions of use of each Site for any additional terms that may be applicable to the Site. All such terms and conditions are hereby incorporated by reference into these Terms and Conditions of Use. All users of the Sites are subject to these Terms and Conditions of Use.

Please read the entire Terms and Conditions of Use carefully before you use any site. If you do not agree to all these Terms and Conditions, you may not use the sites. By accessing or using a site, you agree that you have read, understand and agree to be bound by these Terms and Conditions of Use, as amended from time to time, as well as the Zonda Privacy Policy.

The Sites are intended to be used by U.S. residents 18 years of age or older. You hereby represent and warrant that you are a U.S. resident at least 18 years old.

Privacy Policy

Zonda’s use of your personal information and your responsibilities in connection with protecting your privacy are described in our Privacy Policy, which is hereby incorporated by reference into these Terms and Conditions of Use. For more information, please see our full Privacy Policy.

 

Site Use Guidelines

 

The manufacturer and product information and specifications that are provided on any Site are for your information only. Always verify the model and product information when requesting information; if more than one model number appears, it means that those models have the same dimensions and functional specifications, except as noted. Letters in model numbers do not necessarily define product color. Drawings and diagrams may not be to scale, so you should not rely on them. Some of the products listed may no longer be available. Some information provided may not be current or may have changed since the last time you viewed or downloaded it. Always verify national and local codes. ALL INFORMATION AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT IN ANY WAY REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED, AND ALL INFORMATION IS PROVIDED SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW. All specific questions about products and availability should be addressed to the manufacturer of the particular product. You agree to use the Sites only for lawful purposes: (a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Sites any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Sites to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Sites any advertisements or solicitations of business; (6) restrict or inhibit use of the Sites by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Sites or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Sites); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by Zonda, may harm Zonda or users of the Sites or expose them to liability. (b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Sites (including password-protected areas), and all articles and responses to questions, other than the content provided by Zonda, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Zonda. You retain your rights in whatever content you submit to publicly available sections of the Sites (“User Content”) and you understand and acknowledge that you, not Zonda, have full responsibility for your User Content, including its legality, accuracy, reliability and appropriateness. By uploading or otherwise transmitting User Content to any area of the Sites, you represent and warrant that the User Content is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Sites. You grant to Zonda the perpetual, worldwide, nonexclusive, irrevocable, royalty-free right and license to use all of the User Content you upload or otherwise transmit to the Sites in any manner Zonda chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. Such use may include, without limitation, use for syndication purposes or use on other websites and in all other forms of media now known or hereafter developed, including without limitation in e-mail, text messages, mobile applications or print. You acknowledge that other users of the Sites may search for, see and/or use the User Content that you make available on the Sites. Please take into consideration such exposure to other users when deciding whether to make your content available as User Content. You understand that all User Content is non-confidential for all purposes. (c) Zonda reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Sites which Zonda, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Zonda has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of any Site, without or without notice. However, Zonda can neither review all material before it is posted on the Sites nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Zonda assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Zonda reserves the right to take any action it deems necessary to protect the personal safety of users of the Sites and the public; however, Zonda has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. (d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Sites and may expose you to civil and/or criminal liability.

Proprietary Rights to Content

You acknowledge and agree that, except for User Content, the entire contents of the Sites (including all information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material) and the design, selection, collection, arrangement and assembly thereof, are proprietary to Zonda or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. You are authorized to use the content on the Sites only for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Zonda. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, distribute, remove, delete, augment, add to, participate in the transfer of, license or sell any of the material on the Sites without the prior written consent of Zonda, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of a Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material on the Sites are transferred to you, but remain with Zonda or the applicable owner of such content. Except as expressly authorized by Zonda in writing, you may not reproduce, sell or exploit for any commercial purposes (1) any part of a Site, (2) access to a Site or (3) use of a Site or of any services or materials available through a Site. Once you upload content to the Sites as User Content, the foregoing paragraph will apply to the User Content as it appears on and is a part of the Sites, but not to your use of such content separate from the Sites.

Access and Interference

You agree that you will not (a) use any robot, spider or other automatic device, process or means to access a Site, (b) use any manual process to monitor or copy any of the material on a Site or for any other unauthorized purpose without the prior written consent of Zonda, (c) use any device, software or routine that interferes with the proper working of a Site, (d) attempt to interfere with the proper working of a Site, or (e) take any action that imposes an unreasonable or disproportionately large load on Zonda’s infrastructure.

Trademarks

The Zonda name and logo, and all related names, logos, product and service names, designs and slogans are service marks or trademarks of Zonda. They may not be used or displayed without our prior written consent. All other trademarks, product names and company names and logos appearing on the Sites are used for identification purposes only and may be the trademarks of their respective owners.

Online Purchases

All purchases from a Site are governed by the particular Terms of Sale specified in the Site, which are hereby incorporated by reference into these Terms and Conditions of Use.

Dealings with Other Merchants

If you choose to correspond, participate in a promotion or engage in transactions with any merchant (or other third party) found on or through the Sites, you acknowledge and agree that Zonda is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Zonda will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on a Site.

User’s Account Obligations

In consideration of your use of the site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the form for your account information and (b) maintain and promptly update the account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites.

Liability of Zonda and its Licensors

Zonda does not assume any liability for the materials, information and opinions provided on, or available through, the Sites. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES, THE SITES’ CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ALL USER CONTENT IS THE RESPONSIBILITY OF THE OWNER OF SUCH USER CONTENT, NOT ZONDA. NEITHER ZONDA NOR ANY PERSON ASSOCIATED WITH ZONDA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABLITY OF THE SITES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ZONDA NOR ANYONE ASSOCIATED WITH ZONDA WARRANTS OR REPRESENTS THAT THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SITES, THE SITES’ CONTENT, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. c. ANY DOWNLOADING OR OTHER OBTENTION OF MATERIAL BY YOU THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ZONDA OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, THE SITES’ CONTENT, ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PROVIDED ON OR THROUGH THE SITES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF DATA, FILES OR ELECTRONIC COMMUNICATIONS, ERRORS, OMMISSIONS OR OTHER INACCURACIES IN THE SITES OR THE SITES’ CONTENT OR SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, WHETHER OR NOT THERE IS NEGLIGENCE BY ZONDA AND WHETHER OR NOT ZONDA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Waiver of Jury Trial

YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR ANY TRANSACTIONS ENTERED THROUGH THE SITES.

Indemnification

You agree to indemnify and hold harmless Zonda and its officers, directors, agents, co-branders or other partners, employees, third-party information providers, licensors, contractors and others involved in the Sites or the delivery of products, services or information over the Sites, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions of Use (including without limitation the Privacy Policy), your use of any Site or any products, services or information obtained from or through the Sites, your submission of any User Content, your connection to the Sites, or your violation of any rights of another.

Export Control

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from the Sites to either a foreign national or a foreign destination in violation of such laws. You are responsible for the compliance with such laws of any User Content that you submit.

Links to Third Party Sites

The Sites may contain links to other websites on the internet. Zonda is not responsible for the content, products, services or practices of any third party websites, including without limitation sites linked to or from the Sites, sites framed within a Site or third party advertisements, and does not make representations regarding their quality, content or accuracy. The presence of links from a Site to any third party website does not mean that we approve of, endorse or recommend that website. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any third party website. Your use or third party websites is at your own risk and subject to the terms and conditions of use for such websites.

Social Media Sites

A Site may contain links to third party social media sites, such as Ning, Facebook, Twitter or YouTube. Zonda makes pages available on any such sites for informational purposes only, subject to the guidelines and/or disclaimers applicable to such pages. Your use of Zonda’s pages on social media sites are subject to the guidelines and disclaimers posted by Zonda on such sites as well as these Terms and Conditions of Use. Any such guidelines and/or disclaimers are hereby incorporated by reference into these Terms and Conditions of Use:

Submissions

Any and all communications or materials that you send for use by Zonda or its advertisers or business partners, through a Site, by electronic mail or otherwise (except as User Content submitted for display on a publicly available portion of the Sites), including without limitation any comments, data, materials, techniques, questions, suggestions, proposals, ideas, copyrightable subject matter or the like (“Submissions”), are and will become the property of Zonda. You agree that all intellectual property rights in and to your Submissions are transferred to Zonda and that you give up any claim that any use of the Submissions violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such Submissions. Any Submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by us anywhere in the world, in any medium, forever. Furthermore, we are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to a Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you understand and agree that we are not obligated to use any such Submissions and you have no rights to compel such use.

Applicable Law

These terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions of Use will be filed exclusively in the state or federal courts located in Delaware, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

International Use

We make no representation that materials on the Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws.

Termination

We may terminate your access, or suspend any user’s access to all or part of any Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us.

General Information

These Terms and Conditions of Use, as they may be amended from time to time, constitute the entire agreement and understanding between you and us governing your use of the Sites, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Notwithstanding the foregoing, you also may be subject to additional terms and conditions that may apply when you use a particular Site, affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect. Neither a course of dealing or conduct between you and Zonda nor any trade practices shall be deemed to modify these Terms and Conditions of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions of Use. Any rights not expressly granted herein are reserved by and for Zonda.

Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on a Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. identification of the URL or other specific location on the Site where the material that you claim is infringing is located; 4. your address, telephone number, and e-mail address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on the Sites can be reached at: Legal Department Zonda 1152 15th Street NW; Suite 750 Washington, DC 20005. 202.452.0800

Modification of Agreement

Notice of all changes to these Terms and Conditions of Use will be delivered via e-mail, and the changed Terms and Conditions of Use will be posted on the Sites. Such revised Terms and Conditions of Use will apply to the use of the Sites after they are posted. You will have the time set forth in such notice to inform us if you do not agree with the changes. If you do not agree with the changes in the Terms and Conditions of Use, your sole remedy is to discontinue the use of the Sites. BY USING THE SITES AFTER WE POST ANY CHANGES TO THESE TERMS AND CONDITIONS OF USE, YOU THEREBY AGREE TO ACCEPT THOSE CHANGES.

Notices

All notices provided for under these Terms and Conditions of Use are to be provided by e-mail. As set forth above, it is your sole responsibility to ensure the accuracy and reliability of the e-mail address that you provide, and all of our notice delivery obligations shall be deemed completed upon the transmission of the e-mail notice from our computer systems, whether or not such notices are in fact received by you. Any e-mail sent to us shall be deemed received by us at the time such notice is actually received on our computer system. Any inquiries concerning these terms and conditions of use should be directed to the Zonda Legal Department by clicking here.

 

Privacy Policy
 Supplemental Notice for California Consumers

The California Consumer Privacy Act of 2018 (CCPA) gives California residents the right to know what personal information Zonda collects about them (online and offline) and whether this information is shared with third parties, as well as certain rights regarding Zonda’s collection and use of their personal information. This Supplemental Notice provides the information required under the CCPA. Any terms defined in the CCPA have the same meaning when used in this Supplemental Notice.

If you are a California resident, you have the following rights under the CCPA with respect to your personal information:

Right to Notice. Before or at the time we collect personal information from you, you have the right to receive notice of the personal information to be collected and the purposes for which we use it. This Supplemental Notice is intended to satisfy this requirement. You also have the right to request that we disclose to you the categories of personal information we have collected about you in the preceding 12 months, along with the categories of sources from which the personal information was collected, the purpose for collecting or selling the personal information, the categories of third parties with whom we shared the personal information, and the categories of third parties with whom we sold the personal information.

Right of Access. You have the right to request that we disclose or provide you with access to the specific pieces of personal information we have collected about you in the preceding 12 months.

Right to Deletion. You have the right to request that we delete the personal information we collect from you. However, in certain situations we are not required to delete your personal information, such as when the information is necessary in order to complete the transaction for which the personal information was collected, to provide a good or service requested by you, to comply with a legal obligation, to engage in research, to secure our websites or other online services, or to otherwise use your personal information internally in a lawful manner that is compatible with the context in which you provided the information.

Right to Opt-Out of the Sale of Personal Information. If Zonda sells your personal information to third parties, you have the right, at any time, to direct us not to sell your personal information. To exercise this right, please click Do Not Sell My Personal Information here or on any Zonda webpage where the Do Not Sell My Personal Information button is present. Zonda does not sell the personal information of minors under 16 years of age without affirmative authorization.

Right Not to Be Subject to Discrimination. You have the right to be free from discrimination or retaliation for exercising any of your rights under the CCPA as described above. You can exercise your rights by calling 1-866-284-2719, sending an email to us at ZondaPrivacy@zondahome.com, or by visiting https://www.hanleywood.com/ccpa-privacy-request We value the security and confidentiality of your personal information. Therefore, if you exercise your right to notice, right of access, or right to deletion, we must first verify your identity to make sure that you are the person about whom we have collected personal information. We verify every request carefully. Along with your request, we ask that you provide you first and last name, company name (if applicable), physical postal address, email address, and IP address (if you interact with our websites or other online services). You may also authorize someone else to submit these requests on your behalf. California residents who are unable to review or access this Supplemental Notice due to a disability may call us at 1-866-284-2719 to access this Supplemental Notice in an alternative format.

 

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