Terms and Conditions of Use
“App” means Meyers’ iPad application commonly known as Zonda™ and the Internet based mapping program Zonda PRO, as applicable.
“Authorized Purposes” means the use of the Site solely for your own individual use, including: (i) research purposes; (ii) providing information regarding market trends to your clients and prospective clients; (iii) marketing properties; (iv) supporting your valuation, appraisal or counseling regarding a specific property; and (v) creating periodic general market research reports for internal business (including pitches to prospective clients).
“Meyers Parties” means Meyers and its subsidiaries, affiliates, owners, directors, officers, employees, agents, licensors and suppliers.
“Site” means the website available at www.zonda.co (and any successor site), including any related subsite, service or feature thereto and all content and software associated therewith.
2. Use License.
Meyers hereby grants you a personal, non-exclusive, non-assignable, non-transferable license to access the Site solely for the Authorized Purposes.
The above granted license does not grant you the right to, and you hereby agree not to, do the following:
- modify or copy the Site, except as necessary to view, save, print, fax, or e-mail such information in connection with Authorized Purposes;
- duplicate, decompile, reverse engineer, disassemble or decode the Site , or attempt to do any of the same;
- generate automated queries (including screen and database scraping, spiders, robots, crawlers, and any other automated activity);
- remove any copyright, trademark or other proprietary notations from the Site;
- use any trademarks, trade names, slogan, logos, images, and service marks displayed on or through the Site without prior written permission from Meyers, or such third party that may own the trademark, trade name, slogan, logo, image, and service mark;
- use the Site as a factor in establishing an individual’s eligibility for credit, insurance or employment, or in connection with a determination of an individual’s eligibility for a license, or in connection with underwriting individual insurance, or in any way that would cause the Site to constitute a “consumer report” under applicable law;
- use the Site to determine official legal eligibility of any individual or resident of a particular structure to attend any particular school or school system;
- use the Site to create, replace, combine with, supplement or enhance any title, legal vesting, ownership or encumbrance report, or for use in any governmental or legal proceeding or in conjunction with any application for a permit, variance, zoning change, use restriction or similar purpose;
- use the Site for illegal, harassing, unethical, or disruptive purposes; or
4. Term and Termination.
6. Data and Intellectual Property Ownership.
You hereby agree and acknowledge that, as among Meyers and you, Meyers owns, solely and exclusively, all right, title and interest in and to the Site. All software (including source code), logos, icons, the Site’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein shall be owned solely and exclusively by Meyers.
7. Copyright Policy.
Meyers has adopted and implemented a copyright policy in accordance with the Digital Millennium Copyright Act. For more information, please read our copyright policy at www.meyersresearchllc.com
8. Limiting Conditions; Projections and Opinions.
The information contained on the Site involves the assembly of many data elements and is subject to human error. All ratings, estimates, forecasts and projections are only statements of Meyers’ opinion and not statements of fact. You take full responsibility for what you do with the Site, including your actions and evaluations, including development plans and investment decisions, without liability of any kind to any of the Meyers Parties. None of the Meyers Parties acts as a real estate broker, agent or financial advisor for you, or any other user. No statement on the Site is to be construed as investment advice or a recommendation regarding the purchase, lease, rental or sale of any property. Any projections or opinions (including those construed by or derived from the Meyers Index) regarding the past, current or future state of the real estate market included on the Site merely present the view of Meyers as of the date they were prepared. Meyers has no obligation to update them. Events and circumstances may occur and change Meyers’ view or affect the actual results. The actual results will usually vary from the forecast and the variation may be material.
THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE.” NONE OF THE MEYERS PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, INFORMATION, DATA, DATA PROCESSING, UPTIME OR UNINTERRUPTED OR ERROR-FREE ACCESS AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. NONE OF THE MEYERS PARTIES ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER OR OTHER DEVICE ON ACCOUNT OF YOUR ACCESS TO THE SITE.
10. LIMITATIONS ON LIABILITY.
12. Viruses and Hacking.
You are prohibited from introducing viruses, trojans, worms, logic bombs, or other material which could be malicious or harmful. You must not attempt to gain unauthorized access to any portion or feature of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site by hacking, password “mining” or any other illegitimate means. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
13. Third Party Links and Websites.
The Site may include links to third party websites. These links are provided only as a convenience to you. YOUR ACCESS OF ANY SUCH LINKED WEBSITE IS AT YOUR OWN RISK AND NONE OF THE MEYERS PARTIES WILL HAVE ANY LIABILITY IN CONNECTION WITH YOUR ACCESS TO ANY THIRD-PARTY WEBSITE OR CONTENT. The linked websites are not reviewed, controlled, examined, sponsored, or endorsed by Meyers and Meyers is not responsible for the information, advertising, products, resources or other material of any linked website or any link contained in a linked website. The inclusion of any link does not imply endorsement of the owner/sponsor of the website or of the content of the site by Meyers.
14. Dispute Resolution and Governing Law.
THIS SECTION PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MEYERS WILL BE RESOLVED BY BINDING ARBITRATION. YOU UNDERSTAND THAT YOU GIVE UP YOUR RIGHT TO SUE IN COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By accessing the Site, you consent to arbitration and restriction of your right to sue.
- CLASS ACTION WAIVER. You and Meyers agree that any arbitration shall be limited to the Dispute between Meyers and you individually. TO THE FULL EXTENT PERMITTED BY LAW: (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
- Export Restrictions. You agree not to export or re-export any part of the Site provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable U.S. export laws, rules and regulations. In particular, but without limitation, the Site may not be exported or re-exported (i) into any U.S.-embargoed countries or (ii) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Site, you hereby represent and warrant that you are not located in any such country or on any such list.
- No Waiver. Meyers’ delay or failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or other breaches.
16. Contact Meyers.
Any questions, complaints or claims that you may have in relation to the Site should be made by mail to: Meyers Research LLC, Attn: Customer Support, 151 S El Camino Drive, Beverly Hills, CA 90212; by email to: ; or by phone at: (714) 718-7800.