This is the United States privacy notice (“Privacy Notice”) of Zeeba Automotive Group, Inc. (“Zeeba,” “we,” “us,” or “our”).
We at Zeeba recognize the importance of protecting your personally identifiable information. To demonstrate our commitment to maintaining the privacy of your personally identifiable information, we have created this Privacy Notice to disclose our privacy practices for the personally identifiable information that we collect and receive through use of our products and services either offline or online. Our online operations include all websites (collectively, the “Websites”) and applications (defined below as “Apps”) of Zeeba.
By submitting your personally identifiable information to us, you consent to Zeeba’s use and disclosure of your personally identifiable information as set forth in this Privacy Notice. Your use and/or continued use of Zeeba products, services and websites signifies your consent that your information may be transferred to or stored on servers and processed outside the country of your residence. Provided the data protection laws of these other countries differ from those in the United States, please be assured that we take reasonable steps to ensure that your privacy is protected. If you do not agree with the terms of this Privacy Notice, please do not submit any information to Zeeba either offline or through our Apps or Websites.
Purpose of this Privacy Notice
We recognize the importance of protecting your personally identifiable information (which includes your name, address, telephone number, date of birth, e-mail address, credit or debit card information, drivers license number, and other contact information) that you provide to Zeeba (collectively, “PII”). The purpose of this Privacy Notice is to tell you how Zeeba strives to better serve you by keeping you informed of promotions, products and services, while, at the same time, safeguarding your PII. This Privacy Notice sets forth our policies regarding the collection, use and disclosure of your PII both through our online and offline operations. This Privacy Notice also explains how you can correct or change the PII we hold about you, or opt-out of receiving certain marketing materials.
Who is Covered under this Privacy Notice
This Privacy Notice is applicable to PII that you provide to Zeeba. This Privacy Notice applies to all of the products, services, Apps and Websites offered by Zeeba or its subsidiaries or affiliated companies.
What Personally Identifiable Information Zeeba Collects
You generally are not required to provide us with PII when visiting our Websites. However, when you create an account, make a reservation, rent a vehicle, and/or join one of our programs, we need to collect certain information about you to provide or improve our services. The service that you choose will determine what information we collect from you. Here are some examples of information we collect from you:
When you rent a vehicle, we will also record non-personally identifiable information about your rental (e.g. where you rented the vehicle, where and when you returned the vehicle, payment arrangements, insurance preferences, gas consumption, mileage and other information related to the vehicle). This information is necessary in order to administer your rental reservation and/or process your transaction.
We may also need certain information from you when you request any of the following services or equipment: Special Needs/Optional Equipment; Special Offers/Discounts; Partner Member Numbers; use of a corporate or other discount number and other vehicle preferences. For example, if you wish to use a discount that Zeeba provides to members of an association/affiliate to which you belong, we may collect information about your membership to verify and provide you with the correct discount for our services.
How Zeeba Collects Personally Identifiable Information
The PII we collect from you will be with your express or implied consent. How we collect this information will depend on how you use our services. We may collect this information directly from you by telephone, fax, postal mail, email, at the customer suite, upon completion of an application or enrollment form, or through your use of our Websites, mobile applications (“Apps”) or the Internet. To the extent you use our Websites or Apps, we may also collect information about your use of our Websites and Apps, transactional and account information, e-mail and other information related to communications to our Websites or through our Apps. We may also collect information about you indirectly through a travel agent, an account program in which you or your employer participates or through one of our partner programs when you deal with us through those means. Additionally, our affiliates and third parties may provide us with information about you.
You may choose not to provide some of your PII to us, but this may prevent us from providing our services to you, or limit our ability to provide you with the level of service that you would otherwise expect from us.
Zeeba vehicles may be equipped with a device that allows Zeeba to use a global positioning satellite or other technology to track, locate and/or disable the vehicle and to provide such information and capability to law enforcement agencies at any time and especially if you fail to return the vehicle when and where required under your rental agreement with Zeeba or otherwise violate any provision of the rental agreement.
How Personally Identifiable Information is Used and Disclosed by Zeeba
We strive to ensure that we give you a stress-free rental experience and are dedicated to building a rewarding and lasting relationship with every customer. To provide the level of service we believe you expect from us, we may use your PII for the following purposes:
We may also use your information – both PII and non-personally identifiable information – for other purposes. For example, PII may be needed to process and track your transactions or to send you information about our affiliates’ and business partners’ products and services and other information and materials that may be of interest to you. If you use our Websites, we may also use your information to evaluate what portions of our Websites are visited more often than others, determine where visitors came from, where they go, and how long they stay on a particular page, or on our Websites in general.
From time to time, we also may combine your PII with information obtained from other sources, including third parties, in order to provide you with more customized services and product offerings. To do this, it is often necessary to share your information with trusted vendors and business partners, such as companies that manage accounts, offer affinity, frequent-user, and reward programs, and companies that perform marketing services and other business operations for us. For more information, see below under “Disclosing.”
We may disclose your PII to affiliated and non-affiliated organizations including, for example:
We may disclose your PII to our affiliates and non-affiliated business partners for their use both on our behalf and for their own business purposes. For example, our affiliates and business partners may use such PII to send you information about their products and services and other information and materials that may be of interest to you. You may of us disclosing your PII for these purposes through one of the methods described in this Privacy Notice.
We may share your PII with other non-affiliated third parties, such as entities that provide services for our Websites or for our business (e.g., advertisers, ad servers, content providers, services providers, credit card processors, data processors, website development and support, fulfillment services providers, e-mail list hosting companies and distribution companies) that use such PII on our behalf consistent with this Privacy Notice. These types of third parties are not permitted to use your PII for any secondary purposes.
We may also transfer or assign your PII to third parties as a result of or in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization, or liquidation.
We may need to send your PII overseas as part of our normal business operations. Provided the data protection laws of these other countries differ from those in the United States, please be assured that we take reasonable steps to ensure that your privacy is protected.
Website and Internet Privacy
If you use our Apps or Websites or otherwise interact with us via the Internet, the following privacy-related policies also apply:
If you use our Websites, certain information may be collected from your computer in the course of your use of our Websites. As with many websites, we may use both session based and persistent “cookies” and/or other technology (e.g., web bugs, email bugs, clear GIFs, web beacons, tracker GIFs and “clickstream” data logs) in our Websites or in our electronic communications with you to enhance the functionality of our Websites and services. These technologies also make your transactions and other activities more convenient and efficient.
“Cookies” are small amounts of data that a website can send to your web browser and store on your computer. It is our policy not to save sensitive data, such as passwords or credit card information in cookies.
An IP address is a unique number that is automatically assigned to your computer whenever you are surfing the Internet so that your computer can be identified on the Internet. This allows us to gather useful information and data about our customers’ use of the site.
Zeeba collects IP addresses for the purposes of: helping us diagnose problems with our main computers, for system administration, to report aggregated information to our business partners, and to audit the use of our Website. When users request Web pages from our Web Site, our Web servers log the User’s IP address. We do not normally link IP addresses to anything personally identifiable, which means that a user’s session will be logged, but the user will remain anonymous to us. For example, we collect and/or track the home server domain name, the type of computer, and the type of Web browser used by you to access this Web Site. Such collection and tracking information is gathered by us as you navigate through our Websites, and will be used by us for our business purposes only.
Third Party Use of Technology
We may use third-party servicing technology and service providers to serve ads on our behalf across the Internet and sometimes on our Apps or Websites. They may collect non-personally identifiable information about your visits to our Websites, and your interaction with our products and services. They may also use non-personally identifiable information about your visits to send you targeted advertisements for goods and services. This information is collected through the use of a pixel tag, or similar technology which is industry standard technology used by most major websites. If you would like more information about this practice and to know your choices about not having this non-personally identifiable information used, please visit http://www.networkadvertising.org/managing/opt_out.asp.
We may also share Website usage information about visitors to our Websites with selected third parties for the purpose of targeting our Internet banner advertisements on our Websites and other websites. To do this, we use web beacons and cookies provided by our third-party ad server on our Site. In connection therewith, such third parties may have access to and use non-personalized information about your online usage activity. The use of advertising cookies and web beacons sent by such third-party Web servers is standard for commercial activity in the Internet industry.
Web pages may contain an electronic file called a web beacon that allows a website to count users who have visited that page or to access certain cookies.
Visiting Third-Party Websites
Occasionally when linking to a third-party website from our Websites, you may still see Zeeba affiliate logo or a Zeeba affiliate website frame. This is to provide you with a seamless experience when visiting our Websites. In these cases, you are no longer on our Websites but the third-party website, and therefore the information collection practices of the third party’s website may differ from Zeeba’s. The privacy notice of the third party site will govern how information collected from you is used by the owner of the website. You can always know what website you are on by checking the Uniform Resource Locator (URL) in the location bar within your browser.
Linking your Zeeba Account to Your Social Profiles
In order to provide you with more personalized services, we may give you the option of linking your social profiles with your Zeeba accounts on our Apps or Websites. Some of our Websites may allow you to link social profiles from Facebook, Twitter, LinkedIn, and Google. We may add or remove the availability of any or all platforms at any time at our sole discretion. This functionality is entirely optional for all users and you may link or unlink your account(s) at any time.
What Information is Collected from Your Social Profiles and What It’s Used for
If you exercise the option to link your social profile to any of our Apps or Websites, we may collect PII and additional information from your social profiles, which will be used by Zeeba and agents acting on our behalf to customize your Zeeba customer experience. Some examples of the type of information we may collect from these social profiles include:
Unlinking Your Accounts
You may unlink your social profiles at any time. In order to unlink your profiles, you must log into each Zeeba account that has been linked and then select “Unlink” next to the social media channel you wish to unlink.
In an effort to provide our customers with new ways of sharing content, we may enable some of our online content to be shared on social websites through hosted sharing links and icons. Users who share content and links through their social media profiles should be aware that all activities of this nature are public.
Please note, when you share (with or without adding your own comments) any of our content on your social media profile, that action is governed by the privacy notice of that social media platform, and not Zeeba’s Privacy Notice. We do not track or store a record of those comments or actions.
If you choose to participate in posting or sharing activities, you are electing to share and display such public activities via our Apps or Websites. Due to the public nature of your posting or sharing your posts may be included in RSS feeds, APIs and made available to other websites via other formats. As a result, your public activities may appear on third-party websites, blogs or feeds. WE ARE NOT RESPONSIBLE FOR ANY PII YOU CHOOSE MAKE PUBLIC VIA YOUR SHARED POSTS.
How We Protect the Security of Personally Identifiable Information
The security of your PII is important to us. We exercise reasonable care in implementing generally accepted standards of security to protect your PII from loss, misuse and unauthorized access, disclosure, alteration or destruction, such as firewalls and Secure Socket Layer (SSL) encryption for some of your more sensitive PII. It is our policy to retain PII for as long as we believe appropriate for the purposes for which the PII was collected or as required by applicable law.
Unfortunately, “perfect security” does not exist on the Internet, and no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, we cannot guarantee that PII stored on our servers, or transmitted to or from a user, will be free from unauthorized access. By using our Apps or Websites and corresponding with us, you acknowledge that you understand and agree to assume these risks.
You are responsible for maintaining the strict confidentiality of your account passcode, membership numbers and pin numbers, and you will be responsible for any access to or use of our Websites by you or any person or entity using a passcode provided to you, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee, relative or agent. In the event of the unauthorized use of your passcode, account, or membership number, or any other breach of security involving your information as it pertains to Zeeba, you agree to immediately notify us. It is your sole responsibility to ensure that you exit from your account at the end of each session, control the dissemination and use of your passcode, control access to and use of your account and membership number, and notify us when you desire to cancel your account on our Websites. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
In addition, some PII will be stored on your mobile device if you choose to use our App. In this case, you are solely responsible for protecting the security and integrity of all such PII, and we are not responsible for any disclosure of PII or for any use of your account that someone may make using the App on your mobile device, even if such use is not authorized by you.
It is our policy that we will never request your sensitive PII, such as your credit card number, passcode, membership number or pin number, in an email, text or on a website that is not located at the domain name used by Zeeba or an affiliate. If you receive an e-mail or other correspondence requesting that you provide any such information via e-mail or to a website that is not on such domain name, please do not provide such information, and report such request to firstname.lastname@example.org.
In the unlikely event that we believe that the security of your PII in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your current email address, we may notify you by email.
How to Correct or Update Personally Identifiable Information that Zeeba Maintain
If you have provided your PII to us, you can update the PII we hold about you. You play an active role in assisting Zeeba maintain the accuracy of your PII. Your prompt notification to us of any changes to your PII will assist us greatly in keeping your information accurate and up-to-date. If we don’t agree to make the changes, you may challenge our decision.
If you wish to contact us to access or correct your PII we have, or to inquire or provide feedback about our privacy practices, you can email us directly at email@example.com.
We will respond to any access requests within 30 days of our receipt of the request.
How to Opt-Out of Receiving Marketing Materials from Zeeba
you can opt-out of our use and disclosure of your PII for marketing purposes and customer satisfaction surveys, and/or withdraw your prior consent for the same, by the methods provided below. Upon requesting an opt out, your consent will be withdrawn, however, please note that it often takes some time to process these requests. Therefore, it is possible that you may receive promotions scheduled prior to our receipt of your withdrawal of consent.
To opt-out of Email Campaigns: You may reply to a promotional or marketing email that you have received from us with the word “Unsubscribe” in the subject line or you can email us directly at firstname.lastname@example.org. (If you use more than one email address, then send your opt-out email from each of your e-mail addresses.)
To opt-out of any other promotional mailings from Zeeba and our partners: you may notify us at email@example.com.
We may also provide additional methods for you to opt-out of having your PII used or disclosed for promotional and marketing purposes, such as by clicking on a checkbox located on the page of our Websites on which your PII is collected, or otherwise made available when you make reservations.
Please note that your option not to receive promotional and marketing material: (a) will not preclude us from corresponding with you, by e-mail or otherwise, regarding your pre existing business relationship with us (e.g., your account status and activity or our responses to questions or inquiries you pose to us, or confirmations for existing reservations, NULL), (b) will not preclude us, including our employees, contractors, agents and other representatives, from accessing and viewing your PII for our internal business purposes; and (c) will not preclude us from disclosing your PII as described in this Privacy Notice for purposes other than sending you promotional and marketing materials.
Our Websites are not directed to children under the age of 18. If you are under the age of 18, then please stop using our Websites or our products and services and do not provide us with PII of any kind whatsoever.
It is our policy not to knowingly solicit children under the age of 18 for PII or otherwise contact children for any purpose. Further, it is Zeeba’s policy to not knowingly allow children under the age of 18 to use our Websites or our products and services. It is our policy to not knowingly exchange with any third party the PII of children under the age of 18.
We encourage parents and guardians to take an active role in monitoring their children’s use of the Internet. It is possible that by fraud or deception, we may receive the PII of children under the age of 18. If we are notified or otherwise become aware of this, we will immediately delete the PII from our servers. If you want to notify us of our receipt of PII by children under the age of 18, please contact our privacy officer at firstname.lastname@example.org.
Applicable Law and Jurisdiction
This Privacy Notice will be governed by the laws of the State of California, without regard to its conflict of law principles. By providing any PII to us, you fully understand and unambiguously consent to the transfer of such PII to, and the collection and processing of such PII in, the United States and other countries or territories. You agree that any cause of action that may arise under this Privacy Notice will be commenced and be heard in the appropriate court in San Diego County in the State of California. You agree to submit to the personal and exclusive jurisdiction and exclusive venue of the courts located within Los Angeles County in the State of California or the United States District Court for the Western District of California.
Changes to this Privacy Notice
This Privacy Notice applies to all information we collect or receive, on or after the effective date of this Privacy Notice, from individuals who provide us with such information for the purpose of obtaining products and services from Zeeba or using our Apps or Websites.
We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Notice. If we materially change the way your personal information will be used, we notify you by way of either prominent posting on our Website(s), e-mail and/or mail. We encourage you to periodically review this Privacy Notice in order to keep apprised of any changes.
© Zeeba Automotive, Inc. All Rights Reserved.
TERMS & CONDITIONS
Use Of The Site
Zeeba maintains the Site for your non-commercial, personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Zeeba. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you must not access or use the Site.
Code of Conduct
While using this Site, you agree not to:
All reservations and transactions made through the Site are subject to Zeeba’s acceptance, which is in our sole discretion. Without limitation, this means that Zeeba may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.
Verification of submitted data may be required prior to our acceptance of any reservation, purchase or order. Except as otherwise required by law or as otherwise expressly stated by Us, price, rate and availability of products or services are subject to change without notice. You acknowledge that reservations, purchases and services are subject to additional terms and conditions imposed by Us or by our affiliates, licensees or associates, including our Leasing & Rental Terms and Conditions.
Used Vehicle Sales
In addition to other services offered, Zeeba offers used vehicles for sale from its existing fleet of vehicles. The following terms and conditions apply to each and every sale of a used vehicle by Zeeba. Zeeba’s vehicles are only offered for sale to citizens of the United States of America, eighteen (18) years of age or older, who have the capacity to enter into a valid contract to purchase a motor vehicle. All vehicles listed are only available for sale from Zeeba’s facility in San Diego, CA. Zeeba reserves the right to amend any part of the terms and conditions applicable to its used vehicle sales, at any time without notice and without incurring any obligation. Zeeba encourages you to periodically review these terms and conditions for amendments.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
We reserve the right, without prior notification, to change any descriptions or images of, references to, or prices of, any products or services on the Site, or to limit the order quantity on any such product or service and/or refuse service to you. We note that descriptions or images of, or references to, third party products or services do not necessarily imply our endorsement of such products or services.
Links To Other Sites
The Site may include links to third-party Websites. Zeeba does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.
Zeeba reserves the right to monitor your account at any time and without notice for compliance with these Rules and Conditions. Zeeba may also review your Points balance and transaction history without limitation.
Zeeba may cancel or suspend your Program membership and benefits, including accumulated Program Points, at any time with immediate effect and without written notice, for any reason and in Zeeba’s sole discretion.
The Program and related benefits including but not limited to Points are the sole property of Zeeba. You may cancel your Program membership by contacting us at Hello@ZeebaVans.com. By canceling your membership, you are also opting out of earning and future use of Program Points. Upon termination of Program membership for any reason, all unredeemed Points will be forfeited and you will no longer be able to participate in the Program. Forfeited or unused Points have no cash value or equivalent. Zeeba will not provide any compensation for forfeited or unused Points.
Modification of Rules and Conditions
Zeeba may and reserves the sole right at any time to amend, modify or supplement these Rules and Conditions at any time for any reason and without notice. Zeeba may make changes without limitation that affect the award and use of Points. All Program benefits, offers, rewards and services are subject to availability and may be changed at any time without notice. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. Continued membership in the Program will constitute your acceptance of any such amendment, modification, or supplementation of the Program. You are responsible for remaining knowledgeable of the Program Rules and Conditions and of any changes, modifications, or supplements to the Program.
Termination of the Program
Zeeba may and reserves the sole right at any time to terminate the Program without advance notice to all active Program members. A Program member may not accumulate Points or claim Program benefits after the termination of the Program. At the time of termination or as otherwise specified by Zeeba all unredeemed Program Points will be forfeited without any obligation or liability and no reward claims will be honored. Zeeba may terminate the Program in whole or in part in any jurisdiction unless otherwise required by law.
Errors and Omissions
Zeeba is not responsible for any (a) loss or misdirection of, or delay in receiving, any Program rewards or benefits; (b) theft or unauthorized redemption of Points; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Program including without limitation any pricing or typographical errors, errors of description, and errors in the crediting or debiting of Points from Program membership accounts, or (e) any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Rules and Conditions, in any Program-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Zeeba reserves the right to correct without notice any such errors or omissions.
The receipt of awards including the receipt or redemption of Points may be subject to tax liability. Any tax liability including but not limited to disclosure with respect to the receipt or use of Points is solely your responsibility. Zeeba will not be liable for any tax liability, duty, or other charges in connection with award or use of Points. You should check with your tax advisor regarding possible tax implications.
Use Of Information Submitted
You agree that Zeeba is free to use any comments, information or ideas contained in any communication you may send to Zeeba, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Site, the Program or other products or services. You agree that you have all rights necessary to grant this permission to Zeeba.
Zeeba may provide specific discount coupons from time to time for the exclusive use of employees or members of specific entities with which Zeeba has a contractual relationship. Zeeba may also provide specific discount coupons from time to time for the exclusive use of Program members. These entity-specific coupons and the proprietary codes affixed on them are our proprietary property and may only be used by the employees or members of the specific entities or Program members for which the coupons apply. UNAUTHORIZED USE OR DUPLICATION OF ANY OF OUR ENTITY-SPECIFIC DISCOUNT COUPONS IS STRICTLY PROHIBITED.
By using the Site or participating in the Program, you consent to receiving electronic communications and notices from Zeeba. You agree that any notice, agreement, disclosure or other communications that Zeeba sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All copyrightable Site and Program text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site and Program, are copyrighted by Zeeba and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site and Program materials may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to email@example.com. Zeeba does not warrant that your use of materials displayed on or linked to the Site, or in connection with the Program, will not infringe the rights of third parties.
Zeeba is a trademark and service mark owned by Zeeba Automotive Group, Inc. (this is not an all-inclusive list of Zeeba’s trademarks and service marks). Trademarks and service marks designated with the ® symbol are registered with the U.S. Patent and Trademark Office and possibly with foreign countries. Other trademarks and service marks belonging to Zeeba may be designated with the “SM” or “TM” symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Zeeba that appear on the Site or in connection with the Program are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Zeeba.
While Zeeba uses its reasonable best efforts to maintain the accuracy and reliability of the Site, the Program and Program information, Zeeba does not warrant or represent that it will always function or be error-free. Zeeba assumes no responsibility or liability for errors or omissions in the Site or Program or for problems with its operation. Your use of the Site and participation in the Program is at your own risk. Without limiting the foregoing, THE SITE, THE PROGRAM, THE CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE OR PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result the above may not apply to you.
BY ACCESSING THE SITE AND PARTICIPATING IN THE PROGRAM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Limitation Of Liability
IN NO EVENT SHALL ZEEBA, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE, ANY TRANSACTION ENTERED INTO THROUGH THE SITE, OR YOUR PARTICIPATION OR INVOLVEMENT WITH THE PROGRAM.
This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of goodwill, loss of use, loss of data, cost of procuring substitute goods, services, or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if an individual advises of the possibility of such damages. The limitation of liability set forth herein is a fundamental element of the basis of the bargain between Zeeba and you. The services offered through the Site or the Program would not be provided without such limitations. You acknowledge and agree that your sole and exclusive remedy for any dispute with Zeeba with respect to your use of the Site or the Program is to stop using the services and cancel your account.
Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify, defend, and hold Zeeba and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs and fees and costs associated with enforcement of this provision, arising, directly or indirectly, in whole or in part, out of your use of the Site, participation in the Program, any Zeeba product or service, or your violation of any law or the rights of any person.
Membership in the Program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Program memberships and Points are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or in the Program member’s country of residence. If any part of the Program Rules and Conditions is held to be unlawful or unenforceable, that part will be deemed deleted from the Program Rules and Conditions in such jurisdiction and the remaining provisions will remain in force.