Salt Air Properties Terms of Service
Please familiarize yourself with the Terms of Service below as well as our Privacy Policy which are incorporated into these Terms of Service by this reference.
Welcome to Wander! The following are the Terms of Service (“Terms of Service” or simply “Terms”) for all Wander Products and Services including: the website, https://www.wander.com/ (the “Website”), and the related mobile applications (the “App”); Wander-related software products and services including WanderOS and related products and services; the Wander Sites Platform and related products and services; the Wander Operated, PM, Branded and Listed programs, and related products and services; and all other Wander applications, services, software, platforms and products operated, provided, or sold by or on behalf of Wander, Inc. and its affiliates including Wander Asset Management (collectively “Wander”, the “Company”, “we” or “us”).
The Website, App, and all other Wander-related Products and Services, whether or not specifically listed above, and including any content, tools, features, and functionality offered on or through our Website, the App, and any other website or platform or otherwise by Wander and/or its affiliates are interchangeably referred to as the “Wander Services,” “Wander Products and Services,” or simply as the “Services.” Any new products, platforms, offerings, features or tools added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://wander.com/legal/terms.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including the following Policies, Terms of Use and other related Product and Service specific terms of service which are incorporated into these Terms of Service by this Reference: Wander’s Acceptable Use Policy (“AUP”) and Privacy Policy; and specifically for Guests, Wander’s Rules and Policies; and for our Users and Customers using Wander’s Products and Services, if and as applicable, the Supplementary Terms of Service for the E.U. and U.K (“EU Terms”), the Wander API License and Terms of Use (“API Terms”), and the Wander Data Processing Addendum (“DPA”), all before you may sign up for a Wander account or membership or use any Wander Product or Service including the Website and App. By signing up for a Wander Account or by using any Wander Products or Services you are agreeing to be bound by these “Terms of Service.”
These Terms of Service govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services. Use of the Wander Products and Services is conditioned upon your agreeing to these Terms of Service.
As used in these Terms of Service, “we”, “us”, “our” and “Wander” and the “Company” means the applicable Wander-related entity providing the Wander Products and Services and or otherwise acting as a Contracting Party (as defined below), and “you” means the User (if registering for or using a Wander Product or Service as an individual), or the business employing the User (if registering for or using a Wander Product or Service as a business) and any of its affiliates. For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
Section 9 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. The arbitration clause is governed by federal law. You have the right to opt-out of arbitration as explained in Section 9.
By creating an account and/or by using any Wander Product or Services, you agree that Wander may contact you using automated technology, including but not limited to SMS, prerecorded or artificial voice messages, and auto-dialing or power-dialing systems, for service-related and marketing purposes. Consent is not a condition of purchase. Message and data rates may apply. You may opt out at any time by replying STOP or contacting us.
Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using the Wander Website or App or any other Wander Product or Service, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Who May Use the Services
You must be 21 years of age or older to become a Wander member and use the Services. Guests of Wander members who are 18 years of age or older may use certain features of the Services but are not eligible to become Wander members or book experiences.
Certain Wander Products and Services may carry additional requirements.
You are prohibited from using the Services if you are (a) a resident of any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you meet these requirements.
You acknowledge that Wander will use the email address and cell number you provide on opening an Account or as updated by you from time to time as the primary methods for communication with you.
You are responsible for keeping your password secure. Wander cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
Technical support in respect of the Services is only provided to Users. Questions about the Terms of Service should be sent to Support.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Wander.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Wander Sites (if applicable), use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer any Wander Product or Services.
You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
You understand that your data and other information (“Materials”) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” includes your business and personal information, Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, product reviews, or other business content and data provided or made available by you or on your behalf to Wander or its affiliates.
2. User Accounts and Subscriptions
2.1. Creating and Safeguarding your Account
To use the Services, you need to create an account or link another account, such as your Apple, Facebook or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account by clicking on the “Profile” menu in the App. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at Legal@Wander.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your Account or if we previously banned you from any of our Services, unless we provide written consent otherwise.
2.2. Subscription and other Product and Services Renewals and Cancellations
You agree that if you purchase a subscription or other Product or Services, your subscription and/or other Products and Services will automatically renew at the period frequency referenced on your subscription, purchase order or contract page (or if not designated, then yearly) and at the then-current rates, and your payment method will automatically be charged at the start of each new period for the fees and taxes applicable to that period. To avoid future renewal charges, you must cancel your subscription and/or Wander Product and Services before the renewal date by signing into your Account in the App, navigating to “Subscription” or other relevant contractual or Product or Services reference under the “Profile” menu and clicking the “Cancel” button.
2.3. Subscription and other Product and Services Payment
If you buy or subscribe to any of our paid Products or Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method (e.g. credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our subscription, renewal and payment plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. All subscriptions and other payments for paid Products and Services are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, Apple Pay or other means that we may make available. Subscriptions and other payments for Services will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility.
2.4. No Subscription Refunds
Except as expressly set forth in these Terms, payments for any subscriptions to or other use of the Products and Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.
2.5. Contracting Party
The person signing up for the Service by opening an Account, or signing any form of contract, purchase order or agreement will be the contracting party (“User”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide in connection with the Service. If you are signing up for the Services on behalf of your employer, your employer will be the User. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service. The User is responsible for: (a) ensuring its employees, agents and subcontractors, comply with these Terms of Service; and (b) for any breach of these Terms of Service by the User or the User’s employees, agents or subcontractors. The User acknowledges and agrees that the User will be responsible for the performance of all of its obligations under the Terms of Service and any other agreement related to the purchase or use of the Services, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of User.
3. Orders for Products and/or Services
3.1. Payment
The Services may permit you to purchase certain other products or services, including products or services of third parties that are offered through the Services (“Offerings”). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including, without limitation, credit card, PayPal, or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of any Offerings, and (b) refuse to allow any user to purchase any Offering or deliver such Offerings to a user or a user-designated address. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable Service, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through Apple Pay or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account by any payment processor are solely your responsibility.
3.2. Promotional Codes
We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
3.3. Gift Cards
Tangible and/or digital gift cards containing stored money value may be offered by us for the purchase of Offerings (“Gift Cards”). You acknowledge that the Company does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By purchasing a Gift Card, you represent and warrant to the Company that use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for payment outside of the Services, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law). Gift Cards do not expire, and the Company will not assess a service fee or dormancy fee with respect to a Gift Card.
3.4. Changes and Pricing
The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of any Products, Services and Offerings. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free. If an Offering itself is not as described on the Services, your sole remedy is to return it (for physical products, in unused condition). The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offering prices to the Services and/or upon making the customer aware of the pricing error.
3.5. Order Acceptance; Shipment
Once we receive your order for an Offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and at our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. All orders of physical products are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time.
3.6. Returns, Refunds or Exchanges
All Services are non-refundable and are not eligible for returns or exchanges except as provided in Wander’s Rules and Policies related to Guest stays.
3.7. No Delivery to Children
Users are not allowed to give the Company the personal information of any persons under the age of 13 for delivery or shipping purposes or any other reason.
4. Location of Our Privacy Policy
4.1. Privacy Policy
Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy here.
4.2. Wander’s Rules and Policies
Wander’s Rules and Policies are incorporated herein by reference, and describe the rules you are required to abide by during your experience booking and staying at a Wander property.
5. Rights We Grant You
5.1. Right to Use Services
We hereby permit you to use the Services provided that you comply with these Terms in connection with all such use.
You represent and warrant that you will comply with all applicable laws, rules, regulations, and rights of third parties in your use of any of the Services and your performance of obligations under the Terms of Service.
The API Terms govern your access to and use of the all APIs that may be related to the Products and Services. You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure.
If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that Company, in its sole discretion, may elect to take.
5.2. Restrictions On Your Use of the Products and Services
You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
- (a) Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms.
- (b) Duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same.
- (c) Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services.
- (d) Use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services.
- (e) Exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation.
- (f) Access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same.
- (g) Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services.
- (h) Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services.
- (i) Use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same.
- (j) Introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems.
- (k) Submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable; use the Services for illegal, harassing, bullying, unethical or disruptive purposes; or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable.
- (l) Consume alcohol if you are under the age of 21 or furnish alcohol to anyone under the age of 21 in connection with your use of the Services.
- (m) Consume any drugs or substances that are illegal under applicable law in connection with your use of the Services.
- (n) Violate any of Wander’s Rules and Policies or any other policies and terms incorporated in these Terms of Service.
- (o) Violate any applicable law or regulation in connection with your access to or use of the Services.
- (p) Access or use the Services in any way not expressly permitted by these Terms.
5.3. Use of the App
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App and/or any related Products and Services. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in, or that orders for Offerings related to the Services can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries and deliverables and other information related to the Services including promotions, discounts and other marketing materials, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt-in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.
5.4. Mobile Software and other Products and Services from the Apple App Store
The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringe that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
6. Ownership and Content
6.1. Ownership of the Products and Services
The Wander Products and Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, software code, and functionality are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.
6.2. Ownership of Trademarks
The Company’s name, the Company’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You agree that you may not use any trademarks, logos, or service marks of Wander or its Products and Services, whether registered or unregistered, including but not limited to our word marks, logos, and the Wander Globe design unless you are authorized to do so by Wander in writing. You agree not to use or adopt any marks that may be considered confusing with the Wander Trademarks. You agree that any variations or misspellings of the Wander Trademarks would be considered confusing with the Wander Trademarks.
You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Wander or Wander Trademarks or that use or include any terms that may be confusing with the Wander Trademarks.
You acknowledge and agree that the Terms of Service do not give you any right to implement Wander patents.
6.3. Ownership of Feedback
We welcome feedback, comments, reviews, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property right) that you may have in and to any and all Feedback. Any reviews that you submit must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. We reserve the right (but not the obligation) to remove or edit Feedback including reviews but we do not regularly inspect posted Feedback.
6.4. Beta Services
From time to time, Wander may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which we will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Wander Confidential Information and you agree subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Wander’s prior written consent. Wander makes no representations or warranties that the Beta Services will function. Wander may discontinue the Beta Services at any time in its sole discretion. Wander will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Wander may change or not release a final or commercial version of a Beta Service in our sole discretion.
6.5. Your Content License Grant
In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty-free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant, you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. You irrevocably waive any and all moral rights you may have in the Content in favour of Wander and agree that this waiver may be invoked by anyone who obtains rights in the materials through Wander, including anyone to whom Wander may transfer or grant (including by way of license or sublicense) any rights in the Content.
6.6. Notice of Infringement – DMCA (Copyright) Policy
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
- (a) Identification of the copyrighted work that is claimed to be infringed;
- (b) Identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
- (c) Information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
- (d) A statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
- (e) A statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- (f) The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: Legal@Wander.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
7. Third Party Services and Materials
7.1. Use of Third Party Materials in the Services
Certain Services may display, include or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
8. Disclaimers, Limitations of Liability and Indemnification
8.1. Disclaimers
- (a) Your access to and use of the Services and Properties are at your own risk. Some Properties have pools, hot tubs, golf carts, e-bikes and watercraft and some are located on oceans, ocean cliffs, mountainsides, bays, lakes and rivers. Each and all of these activities, locations, and instrumentalities have inherent risks associated with them. You acknowledge these risks and the need to exercise appropriate care when using the Services and Properties. You understand and agree that the Services and Properties are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- (b) THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
- (c) YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.
8.2. Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8.3. Indemnification
By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content; or (e) your negligence or willful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.
9. Arbitration and Class Action Waiver
9.1. Informal Process First
You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith, sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action. This Arbitration Agreement is governed by federal law.
9.2. Arbitration Agreement
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim, except as permitted herein. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (together, the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right to have the arbitration conducted via telephone, videoconference, or as an in-person hearing in your hometown area (if you live in the United States) or another location that is reasonably convenient to you.
9.3. Waiver of Class Actions and Class Arbitrations
You and Company agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Company agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
9.4. Costs of Arbitration
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
9.5. Opt-Out
You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these Terms by sending written notice of your decision to opt-out to Legal@Wander.com or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms (or if this Section 9 is amended hereafter, within 30 days of such amendment being effective); otherwise, you shall be bound to arbitrate disputes in accordance with these Terms, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
9.6. Exceptions
Notwithstanding anything in these Terms to the contrary, you may instead assert your Claim in “small claims” court, but only if your Claim qualifies, your Claim remains only in such court, and your Claim remains on an individual, non-representative and non-class basis. Further, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, or if the Claim relates to intellectual property infringement or misappropriation.
10. Additional Provisions
10.1. SMS Messaging, emails and Phone Calls
Certain portions of the Services may allow us to contact you via telephone, email or text messages. You agree that the Company may contact you via telephone, email or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Offerings. You may receive SMS from “WANDER” or 926337. You also understand that you may opt out of receiving text messages from us at any time, either by replying with the word “STOP” using the mobile device that is receiving the messages, or by contacting Legal@Wander.com. You may opt out of emails by sending a return email opting out or contacting Legal@Wander.com. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.
10.2. Updating These Terms
We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
10.3. Termination of License and Your Account
If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
10.4. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
10.5. California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
10.6. Non-Disparagement
User and Wander specifically agree not to disparage the other in any way with respect to their business relationship or otherwise.
10.7. Miscellaneous
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Texas, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and federal courts located in Austin, Texas. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.
10.8. How to Contact Us
You may contact us regarding the Services or these Terms by e-mail at Legal@Wander.com.
10.9. Modifications
We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the administrative dashboards, or by similar means. However, Wander may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. We may likewise change fees and payments required for use of the Products and Services from time to time without advance notice and you agree Wander shall not be liable to you or any third party for any modifications to the Terms of Service, fees for Services or discontinuance of Services. If you do not agree to the amended Terms of Service or fees, you must stop accessing and using the Services.
10.10. Additional Miscellaneous Terms of Service
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Wander and govern your use of the Services and your Account, superseding any prior agreements between you and Wander (including, but not limited to, any prior versions of the Terms of Service).
The failure of Wander to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
No person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
The Terms of Service will be governed by and interpreted in accordance with the laws of the State of Texas and the Laws of the United States without regard to principles of conflicts of laws.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Wander’s Terms of Service available in another language, the most current English version of the Terms of Service will prevail. Any disputes arising out of these Terms of Service will be resolved in English or as required by applicable law.
All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Wander will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Wander’s prior written consent, to be given or withheld in Wander’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
On termination, all of your related rights and obligations under the Terms of Service immediately terminate, except that you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination. The Company’s rights under the Terms of Service survive termination or expiration of these Terms of Service.
12. Data Deletion Instructions
By applicable laws and regulations, we will delete or anonymize personal information once it is no longer needed for its intended purpose or upon request from the individual whose data is being stored. To delete your account and associated personal data, please access your profile within the Mobile App and select the “Delete your account” option; if you experience any problems, contact us at hello@wander.com.
Please note that some data may need to be retained for legal or regulatory purposes, and in such cases, we will ensure that it is kept secure and confidential. By using our services, you agree to our data deletion instructions and acknowledge that we will do our best to comply with all applicable data protection regulations.
13. Prohibited Use – Competitive Purposes
You may not access or use Wander’s Products or Services, including but not limited to its artificial intelligence-powered functionality, for the purpose of developing, training, or enhancing a competing product or service. Any such use of our intellectual property, technology, or data for competitive purposes is strictly prohibited and constitutes a violation of these Terms of Service.