MYANDER, LLC WEBSITE GENERAL
TERMS AND CONDITIONS

Myander, LLC (“Myander”) offers the User (as defined below) this website, subject to the following terms and conditions (“Terms and Conditions”).  You, the viewer or user (collectively, “User”) should read these Terms and Conditions carefully before using this website.  By continuing to view and use this website, you agree to these Terms and Conditions.  If you do not agree to the Terms and Conditions set forth herein or otherwise on the website, you must not use it.  Myander retains the right to change the content of the website or these Terms and Conditions at any time.  Any changes made to these Terms and Conditions shall be effective immediately upon posting.  Your continued use of the website constitutes acceptance of those changes.

Further, the User hereby agrees that viewing this website and/or the utilization of any product or service of Myander, including, without limitation, the rental of a villa, shall also be subject to the terms and conditions set forth below (in addition to any other contract entered into between the User and Myander), as applicable, whether or not a reservation is made through the website.

The situating of this website on the world wide web and/or Internet constitutes a continuing offer by Myander to the User to Use, as such term is defined below, the website according to the Terms and Conditions.  By utilizing the website in any manner, including, without limitation, by viewing the same (collectively, a “Use”), the User accepts that offer and creates a binding contract between the two parties to adhere to the same.  The parties stipulate that sufficient consideration exists to create that contract, and that it is therefore binding upon them.  Further, by its Use of this website, the User makes the material representation upon which it wishes Myander to rely that it will adhere to the Terms and Conditions in connection with User’s Use of the website.  If User is dissatisfied with any of the Terms and Conditions, User’s sole and exclusive remedy is to discontinue using this website.  Finally, by its Use of this website, the User also stipulates that a violation of any of the Terms and Conditions will result in irreparable harm to Myander not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy. 

General Disclaimer.  Nothing contained on this website should be construed either to create a duty of care or to constitute a representation to be reasonably relied upon. Myander takes no responsibility for the information contained on any website to which this one may be linked, as the same is completely independent of this website. 

User Conduct.  By utilizing this website, the User makes the material representation upon which the User wishes Myander to reasonably rely, that he will comply with the code of conduct set forth below:

1. The User, when utilizing the website, will not do so in an unauthorized manner, or in a manner which violates any legal or regulatory proscription or duty, including, without limitation, violating Myander’s Intellectual Property, as defined below, or that of another;
   
   
2. The User will not utilize this website in a manner that is harmful to Myander or any other person or entity;
   
   
3. The User will not utilize any information that the User gained as a result of using this website to illegally or improperly violate another person’s or entity’s privacy rights;
   
   
4. The User will not restrict any other visitor from properly using the website, including without limitation, by way of “computer hacking” or otherwise altering the software or functionality of the website and its underlying programs;
   
   
5. The User will not introduce any virus or spyware or in any other manner impede or impair the functionality and original design of the Website
   
   
6. The User will not imply that any of his statements are endorsed by Myander, or that User is otherwise associated with Myander in any manner;
   
   
7. The User will not transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, indecent, obscene, pornographic or otherwise objectionable;
   
   
8. The User will not transmit any material, non-public information about any person or entity without the proper authorization to do so;
   
   
9. The User will not transmit any advertisements, solicitations, or any  unsolicited commercial communication without Myander’s express permission to do so;
   
   
10. The User will not revise, modify, reverse engineer or in any way alter any portion of the website or its contents;
    
    
11. The User will not “frame” or “mirror” any part of the website;
    
    
12. The User will not utilize any device to enable it to circumvent the structure of the website and/or spam or flood the site;
    
    
13. The User will not collect any information about visitors to the website without Myander’s express permission to do so;
    
    
14. The User shall not deliver, or provide links to any postings without the prior written permission of Myander, including, without limitation, to any materials which are deemed, in Myander sole discretion to be harmful, lewd, obscene, violent, insulting, threatening, hateful or otherwise objectionable;
    
    
15. The User shall not impersonate any other person and/or falsely state or otherwise misrepresent that he has an affiliation with any other person or entity, or otherwise mislead, deceive or defraud Myander or any other party; and
    
    
16. The User will not create a database utilizing any information found within the website.

Intellectual Property.   Myander’s intellectual property, includes without limitation “Myander;” variations thereof; its logo; its corresponding Internet domain and variations thereof; the website’s content, both textual and non-textual; the website’s underlying source code; and software either owned or licensed by Myander (collectively “Intellectual Property”).  The Intellectual Property is the exclusive property of Myander.  Any commercial or non-commercial use of the Intellectual Property without the prior express written permission of Myander shall be strictly prohibited.  Specifically, though without limitation, the User agrees not to copy, reproduce, republish, transmit, modify or distribute any of the materials contained on the website.  Myander hereby notifies, and User hereby acknowledges that the Intellectual Property is protected, as applicable, under copyright, trademark, servicemark or patent law and other statutory and common laws. 

Communications.          Any communications, including, without limitation, e-mails, pictures, graphics and/or other material sent directly (or by “cc” or otherwise) to Myander or any of its officers, employees or agents and any postings to this website shall become Myander’s non-exclusive property upon the transmission of the same, such that the User grants Myander the perpetual and irrevocable right to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever at no charge.

Indemnification.            The User agrees to indemnify, hold harmless and defend Myander, its affiliates, and any directors, officers, employees or agents (collectively, “Myander Parties”) of any of the foregoing with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorneys’ fees and expenses, arising from any third party claim relating to (a) infringement of any intellectual property of any person or entity, including without limitation, patents, trade secrets, copyrights, trademarks, service marks, trade names or similar proprietary rights; (b) any failure by the User to comply with these Terms and Conditions, specifically including the “User Conduct” as set forth above; (c) the User’s use of this website and engagement in transactions on the website; and/or (d) any negligent act or omission or willful misconduct on the part of the User that results in a claim against any of the Myander Parties.

Attorney’s Fees.           In the event of a breach of these Terms and Conditions, or any other agreement or other terms and conditions set forth by Myander to which the User is bound, Myander may institute a lawsuit or arbitration for damages in its sole discretion.  Myander shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorney’s fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through institution of formal legal proceedings.

Cookies.          Myander specifically acknowledges and hereby notifies that User that it may utilize “cookies” in connection with the operation of the website.  The User agrees that such cookies may be placed on his computer, in connection with his access to, and use of, the website.  Nevertheless, the User should note that it can likely make adjustments to its web browser which may enable it to control the use of cookies.  Such action, however, could affect the User’s use of the website.

DISCLAIMER. THE USER HEREBY MAKES THE MATERIAL REPRESENTATION UPON WHICH HE WISHES MYANDER TO REASONABLY RELY THAT PRIOR TO ANY UTILIZATION OF ITS PROPERTY, SERVICES OR THIS WEBSITE (COLLECTIVELY, “ITEMS”) HE WILL INDEPENDENTLY INSPECT THEM AS FULLY AS HE DESIRES AND WILL NOT RELY UPON ANY INFORMATION OR REPRESENTATION OF MYANDER IN THAT REGARD.  ACCORDINGLY, THEY ARE BEING PROVIDED “AS IS” AND “WITH ALL FAULTS.”  THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SALE/RENTAL OF ANY SUCH ITEMS.  WITHOUT LIMITATION, THE WARRANTY OF MERCHANTIBILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED IN ALL RESPECTS.  FURTHER, BY UTILIZING THIS WEBSITE, THE USER WAIVES ANY CLAIM AGAINST MYANDER FOR, AND MYANDER DISCLAIMS LIABILITY FOR, PUNITIVE, INDIRECT, DIRECT OR INCIDENTAL DAMAGES.  MOREOVER, THE USER ACKNOWLEDGES THAT MYANDER DOES NOT WARRANT THAT THE USER’S USE OF THIS WEBSITE OR ITS MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR ITS RELATED SOFTWARE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE USER USES THIS WEBSITE AT HIS OWN RISK.

Successors and Assigns.           Whenever the term Myander is used in connection with all of the Terms and Conditions, and in accordance with the other modes and methods set forth in the other webpages of this website regarding its use in regard to a right, protection or benefit, it shall be construed to encompass Myander, its related entities, successors, assigns, directors, officers, employees and agents.  Further, the term “User” used in connection with these Terms and Conditions shall include his/her/its related entities, successors, assigns, directors, officers, employees and agents.

Authorized Permission for Use. The User shall be considered an entity if the individual accessing the website is doing so on behalf of an entity, or  is utilizing that entity’s computer system in connection with a task (either paid or unpaid) for that entity.  If the User is an entity, the person using this website on its behalf hereby makes the material representation upon which he wishes Myander to rely that he or she is authorized to bind that entity to the Terms and Conditions set forth above, as well as any other obligations imposed or undertaken through use of this website.  Myander reserves the right to terminate the User’s access to, and use of, the website and any of its contents or materials, or use of any of Myander’s services at its sole discretion and without any advance notice to the User. 

Dispute Resolution.  A party to this Agreement may not institute a suit at law or equity regarding any dispute, whether directly or indirectly related or collateral to this Agreement.  All such claims or disputes, whether between or among the parties, shall be submitted to arbitration administered by a mutually acceptable arbitrator affiliated with the American Arbitration Association and its rules and guidelines shall apply, or its International Centre for Dispute Resolution, if applicable.  Should the parties be unable to agree upon an arbitrator, the arbitrator shall be chosen by a determination of a court of competent jurisdiction. The arbitration proceedings shall be in English.  The arbitrator shall have the authority to award any remedy or relief that a court of the State of New Jersey could order or grant.    Each party will perform all acts, including the execution and delivery of further documents, as the arbitrator deems necessary or desirable to confirm and carry out the terms of the award rendered.  Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof.  The award rendered by the arbitrator in any arbitration is final and binding on the parties.  The arbitration award may be appealed to a court of competent jurisdiction solely on the basis that the award was arbitrary or capricious.

Jurisdiction.      The person or entity utilizing this website (the “User”) agrees that the laws of the State of New Jersey shall govern these terms and conditions and any dispute, controversy or claim directly or indirectly related to such Use.  Further, the User consents to the jurisdiction of the Superior Court of the State of New Jersey or, if federal jurisdiction exists, at the option of either party, to the jurisdiction of the United States District Court for the District of New Jersey, Newark Vicinage, to seek injunctive relief, compel arbitration and/or enforce an arbitrator’s award.  Any arbitration shall be conducted in Essex County, New Jersey.  Service of the written notice to initiate the aforementioned arbitration shall be deemed complete when sent either as required by Court procedure or by (a) electronic mail to any of the User’s current or future electronic mail addresses, and (b) ordinary mail, in the event a regular mailing address has been provided by the party upon which service is being effected.

Miscellaneous.  Myander’s failure to enforce any term, provision or condition of these Terms and Conditions, including the breach or default thereof, by conduct or otherwise, in one or more instances shall be deemed a waiver.  To the extent that a provision of this Agreement is deemed unenforceable, the balance of it shall remain in full force and effect.  Neither the course of dealing, nor any trade practice shall act as a modification of this agreement.  The User specifically acknowledges that it has not accepted these Terms and Conditions on reliance of any representations or other promises of Myander, which is not specifically included herein.

By its Use of this website, the User represents that the User has had the opportunity to review this provision with counsel of the User’s choosing, if the User wished to do so.  The User further acknowledges that the User has thoroughly read these terms and conditions; understands that the User is giving up certain legal rights that may otherwise exist; has asked any questions the User desires to clarify its meaning; and believes it is in the User’s interest to nevertheless proceed with this transaction.