MyGlobalHomes.com User Agreement

Terms and Conditions

By using or accessing MyGlobalHomes.com or any subdomain of MyGlobalHomes.com (the “Site”), you acknowledge that you agree to and are subject to the following terms and conditions, as well as our Privacy Policy (collectively, the “Terms”). If you do not agree to the Terms, Privacy Policy and any other terms and conditions posted or linked to the Site, you are not authorized to access or use the Site. Under these Terms, “use” or “access” of the Site means any direct or indirect access or use of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how or from where the information or content was obtained. The term “Site” includes, without limitation, any cached version of the Site. The Terms constitute a contract between you and Z2 Holdings. You must be at least 18 years old and capable of entering into contracts in order to use this Site. We will not knowingly conduct business with or accept information from anyone under 18 years or age. MyGlobalHomes.com is operated by Z2 Holdings, LLC. “Z2 Holdings,” “we,” “us” or “our” refers to the entity controlling the Site you are accessing unless otherwise specified herein. 1. We Are Not A Party To Any Agreement Between Users. The Site is only a venue. The Site allows homeowners or their representatives who advertise on the Site (each referred to herein as an “owner”) to offer for rent certain real property to potential renters (each referred to herein as a “vacationer”) (owners and vacationers collectively referred to herein as “users”). Users are responsible for their use of the Site. We are not responsible for any agreements, transactions, or other communication or interaction between or among users as a result of the use or access of the Site to list or rent property. We do not own or manage any property listed on the Site and we are not authorized to contract on behalf of any owner. We make no representations as to the condition of the properties advertised on the Site. Users should verify the truth of any listing or any information contained within a listing. You acknowledge that the information contained on the Site may not be accurate, a listed property may not be as described, and a user may not be able to perform according to that user’s specific representations, whether those representations have or have not been made through the Site. You further acknowledge that owners may impose additional conditions or restrictions on the use of property listed on the Site or as a prerequisite to booking a property for use. Such conditions may include but are not limited to agreement to terms found in a rental agreement or rules and regulations. 2. Limited License to Use the Site. Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a vacation rental property, searching for a vacation rental property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited. 3. Unauthorized Uses of the Site. The license to use the Site only extends to the uses expressly described herein. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing: · Any commercial use (other than by owners in good standing pursuant to a valid license to the Site (a “valid license”)) or any content on the Site. · Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a property listed under a valid license; · Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever; · Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site; · Deep-link to any portion of the Site without our express written permission; · Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site; · Reverse engineer any part of the Site; · Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties; · Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site; · Use the Site and its inquiry functionality other than to advertise and/or research vacation rentals, to make legitimate inquiries to our owners or any other use expressly authorized on the Site; · Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability; · Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; · Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or · Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site. If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth below. 4. Proprietary Rights and Downloading of Information from the Site. The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid license) is expressly prohibited without prior written permission from us. As part of the rental inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print. 5. Your E-mail Address and Data; Our Privacy Policy; Data Transmittal. When you provide your e-mail address to us in connection with any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your e-mail address to our database of users. You may receive one or more promotional e-mails from either the Site or a website of one of Z2 Holdings affiliates. You are welcome to opt not to receive such promotional e-mails from the Site or such affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our e-mail and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of and agreement with our Privacy Policy. Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States. In the event that you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled. 6. Identity Verification. User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each user’s purported identity. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (1) Z2 HOLDINGS NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR Z2 HOLDINGS ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH Z2 HOLDINGS AND OTHER USERS. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner. 7. Limitations on Communications and Use of Other Users’ Information; No Spam. You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site. (such as inquiring about or booking an on-line booking or charging a personal credit card) Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a vacation property from you or to you, to your mailing list (email or physical mail) without the user’s express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site. 8. Responsibility for Property Listings, Reviews and Other User contributed Content; Participation in Interactive Forums. We have no duty to pre-screen content posted on the Site by owners, vacationers or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property listings, reviews of a rental property, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to the Site), (collectively, “user contributed content”). We are not responsible for user contributed content. “User contributed content” also includes information that a user provided to a third party website which is then provided to our Site by a tool we offer. We reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user contributed content if it violates these Terms as determined in our discretion. We may also remove user contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content, as determined in our consent. Finally, we reserve the right (but do not assume the obligation) to edit an owner’s content or user contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements. At a minimum, user contributed content must: · not infringe anyone’s rights, violate the law or otherwise be inappropriate; · not include personal information that can be used to identify or contact any person; · not include promotional content that would promote other websites, businesses, services or products unaffiliated with this Site without our express permission; · not be obscene, abusive, discriminatory or illegal content; or · not be false or misleading. Property Listings: All property listings on the Site are the sole responsibility of the owner (who may be the owner or a property manager or duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on an owner’s part. Owners are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest entries or reviews, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective vacationers have searched for specific special offers, dates, or types of properties. We may from time to time provide or facilitate services to Owners to create or improve the quality of their property listings. However, we assume no responsibility to verify property listings. Owners are solely responsible for ensuring the accuracy of any property descriptions, and vacationers are solely responsible for verifying the accuracy of such descriptions. Responsibility for All Other User Contributed Content: All other user contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third party website. Users are solely responsible for their user contributed content and we specifically disclaim all liability for user contributed content. The user represents and warrants that the user owns or otherwise controls and have all legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient. License and Rights Granted to Us: By submitting or authorizing user contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property listing, we will not continue to display the user contributed content that was displayed in such listing. You further grant us and our affiliates the ability to copyright and protect the user contributed content, including the images, copy, and content available via any owner’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us-at our expense and control-to protect such copyrighted material from unauthorized redistribution. You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the owner’s property listing or otherwise provide promotional or other services related to our business. Further, each owner agrees that we may reproduce in whole or in part any photographic material supplied by such owner in the promotion of either such owner’s property or the promotion of the Site. In the event that it is determined that you retain any rights of attribution, integrity or any other moral rights in any user contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user contributed content by us or our affiliates. Privacy Policy: We adhere to strong principles of privacy and user contributed content may be disclosed only as provided in these Terms or our Privacy Policy. 9. Social Media or Third Party Websites. If the Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a ” Social Media Site “) and you decide to use such a tool or service, you acknowledge and agree that: (i) The information or content that are a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with the Site; (ii) The Social Media Content will be considered “user generated content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to user generated content under these Terms; (iii) In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and (iv) The operation of your profile and account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site. 10. Translations and Maps. If any user contributed content created by owners or users is translated for display on any Site or any site of any affiliate of Z2 Holdings, the owner or user is solely responsible for the review and accuracy of such translation. Unless we specify otherwise to the user or owner, any translation services are offered by us free of charge. Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions. 11. Notification of Infringement; DMCA Policy. We respect the intellectual property rights of others, and Z2 Holdings does not permit, condone, or tolerate the posting of any content on the Site that infringes any person’s copyright. Z2 Holdings will terminate, in appropriate circumstances, an owner or vacationer who is the source of repeat infringements of copyright. 12. Unsolicited Ideas and Feedback. Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of Z2 Holdings, without any compensation to you; (2) Z2 Holdings may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for Z2 Holdings to review any submission; and (4) there is no obligation to keep any submission confidential. Feedback on our Business: We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the links available at www. MyGlobalHomes.com. Please provide only specific feedback on our websites and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner. 13. Software Available on the Site. The Site is controlled and operated by Z2 Holdings or an affiliate of Z2 Holdings in the United States. Software available on the Site (the “Software”) is subject to United States export controls. No Software available on the Site or software available any other site operated by Z2 Holdings or an affiliate of Z2 Holdings in the United States may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. All Software is the copyrighted work of Z2 Holdings, an affiliate of Z2 Holdings or an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal, nontransferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. 14. Links to Third Party Sites. This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms. 15. Limitation of Liability. IN NO EVENT WILL Z2 HOLDINGS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, ” Z2 HOLDINGS “), OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF AN OWNER Z2 HOLDINGS (EACH A “THIRD PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY (E) ANY USER CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY 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 MAXIMUM EXTENT SUC H EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY OWNER OF Z2 HOLDINGS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS. 16. Disclaimers. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THE MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, RENTAL PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE. YOU FURTHER ACKNOWLEDGE THAT BY DISPLAYING INFORMATION OR PROPERTY LISTINGS IN PARTICULAR DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS WITHOUT RISK AND ARE NOT LIABLE FOR DAMAGES WITH RESPECT TO TRAVEL TO ANY DESTINATION. 17. Release; Indemnification. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH OWNER OF Z2 HOLDINGS, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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 OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND Z2 Holdings HOLD Z2 HOLDINGS(THE “INDEMNIFIED PARTY”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIY IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. 18. Jurisdiction; Choice of Law and Forum; Time Limit. THIS SITE IS OPERATED BY US IN THE UNITED STATES AND WE MAKE NO WARRANTY THAT THE MATERIALS AND CONTENT ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OUTSIDE THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE. ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF ARIZONA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE AND CONSENT THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE STATE OR FEDERAL COURTS IN MARICOPA COUNTY, ARIZONA WHICH YOU ACKNOWLEDGE, CONSENT TO AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN MARICOPA COUNTY, ARIZONA, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED. 19. Separate User Agreement; Reservations; Fees; Discounts; Refunds; Vendors. These Terms and Conditions are subject to any separate agreement between an owner and Z2 Holdings regarding fees and rates associated a property. Such agreement will set forth the fees that the owner agrees to pay to Z2 Holdings for a valid license to use the Site, the rate schedule that an owner will offer to vacationers, the process for accepting and making payments associated with the use of a property advertised on the Site, discounts, refunds, and third party vendor services. 20. Responsibility for Property and Vacationer Liability We do not provide liability insurance protection for owners, property managers, or vacationers, regardless of whether a user obtains insurance coverage through one of our partners, users are solely responsible for obtaining insurance coverage sufficient to protect their properties and guests or their trip, as applicable. Owners agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the properties they list on the Site prior to the arrival of their first vacationer and will maintain adequate insurance coverage through the departure date of any vacationer they have obtained via one of our Sites. Further, Owners agree to provide us with copies of relevant proof of coverage upon request Owners are responsible for maintaining their own property, including but not limited to: landscaping, pool service, spa service, utilities, pest control, carpet cleaning, window cleaning, A/C, electrical, furnishings, linens, kitchen utensils, dishware, electronics, internet, Wi-Fi, telephone, appliances, plumbing, taxes, property insurance, cable, and any mortgage or other payments necessary for the maintenance and use of the Property. Users agree and acknowledges that Z2 Holdings is not a property manager. 21. General Contact Us: To contact us for any reason, users can go to www. MyGlobalHomes.com/customer-services/contact-information.htm. Your agreement to abide by these Terms, the Privacy Policy and any other terms posted on any Site, with respect to any Site you use, is between you and the entity listed above operating such Site. No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site. Notices: Except as explicitly stated otherwise, any notices to us shall be given by email to clientservices@myglobalhomes.com or by postal mail to: Z2 Holdings, LLC, Attn: Legal Department, 21001 N Tatum Blvd, STE 1630-491, Phoenix, AZ 85050. When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address. Changes to the Site or these Terms and Conditions: We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth below and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent, and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a vacationer, or any other user other than an owner, is to discontinue your use of the Site, and (ii) your sole remedy as an owner is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your listing as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When owners renew listings, the terms in effect at the time of renewal will govern, provided that such terms may change as described above. We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by the terms and conditions of such program, product or service. The types of products and services (including the features, terms and operation thereof) offered at the time of an owner’s listing are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time. Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer. Enforcement of These Terms: We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach. Entire Agreement, Headings and Severability: These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. Assignment: We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion. Additional Terms and Conditions Applicable to Our Owners In addition to being bound by the Terms set forth above, owners who use the Site to advertise a property on the Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with using the Site. 22. Owner Eligibility; Accuracy of Information; Representations. Our services may only be used by owners who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each owner represents and covenants that all information submitted to us and to the Site during such owner’s registration with the Site shall be true and correct. Each owner further agrees to promptly provide notice to the Site by contacting us as provided above at clientservices@myglobalhomes.com regarding any updates to any such contact information previously submitted by such owner to the Site. Each owner agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request. Each owner further represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the property listed by such owner; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying rental agreement; (iii) that it will accurately describe the subject rental property and will not fail to disclose a material defect in, or material information about, a rental property; (iv) that it will not wrongfully deny access to the listed property; and (v) that it will not fail to provide a refund when due in accordance with the underlying rental agreement. Upon our request, each owner agrees to promptly provide to us such proof of personal identification, proof that the condition, location, or amenities associated with the property are accurately described in the listing, proof of ownership of the property listed on the Site, and/or proof of authority to list the property as we may request. 23. Content, Layout and Copy. All content and copy edits submitted by owners are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any owner. All content must meet these Terms and our discretionary approval. We reserve the right to edit content submitted to the Site in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements. Owners are responsible for reviewing and ensuring that any content displayed on the Site appears as the owner intended. 24. Photographs. We have no responsibility to return any photographs that are delivered to us or uploaded into our database. If possible, we may use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard. Photographs should be accurate, and should not include any individual without that person’s consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us. By submitting a photograph either electronically through the owner represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any owner of Z2 Holdings from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted. It is the owner’s responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The owner warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Further, each owner agrees that we may reproduce in whole or in part any photographic material supplied by such owner in the promotion of either such owner’s property or the promotion of the Site. 25. Uses of Our Trademarks or Logos. There are limited ways in which you may use our trademarks or logos without specific prior written authorization. You may refer to MyGlobalHomes when communicating to the public or any third party that your property is listed on the Site. However, you may not refer to MyGlobalHomes in any way that has the potential to suggest that you or your company or website is affiliated with or endorsed by MyGlobalHomes or Z2 Holdings. You may not use the MyGlobalHomes or Z2 Holdings name on any other website that lists vacation rentals without our prior written authorization. The MyGlobalHomes name and logo and those of Z2 Holdings are registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any promotional material, website, sign, etc., you may contact us at www. MyGlobalHomes.com. 26. Hypertext Links. We reserve the right to refuse hypertext links to, or addresses of, other web sites from owners’ pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time. 27. Substitution of Properties; Advertising More Than One Property. Each advertisement must relate to an individual and uniquely identified property. This means that: (a) The property in an advertisement may not be substituted for another property without our consent. If an owner submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition. (b) The listing specifically cannot be a mere example of properties in a given area. Only one property can appear on each advertisement, unless it is a property with multiple rental units on the same site and additional advertising units are purchased. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition. 28. Unauthorized Payment Methods. Payments between owners and vacationers: We are not a party to any payment transaction between owners and vacationers. No owner may request any vacationer to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the owner and without refund. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity. 29. Termination or Transfer of Listings Our Right to Terminate a Listing: If, in our sole discretion, any owner submits unsuitable material to our Site or into our database, misuses the Site or our online system or is in material breach of these Terms, we reserve the right to terminate such owner’s license(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding an owner’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such owner’s listing from the Site, then we may immediately terminate such owner’s license(s) without notice to the owner and without refund. We assume no duty to investigate complaints. Finally, if any owner is abusive or offensive to any employee or representative of the Z2 Holdings, we reserve the right to terminate such owner’s license(s) immediately without refund. Finally, if any owner is in breach of these Terms or its obligations to us then we may terminate such owner’s license(s) immediately without notice to the owner and without refund. Transfer of Listing: No listing may be transferred to another party. In the event of a property sale, Z2 Holdings will provide guidance to both seller and buyer regarding options for creating a new listing. Last updated: December 12, 2013