[Last Updated: March 11, 2014]
Definitions of Terms
"ZipRealty," "Us," "We," or "Our" means ZipRealty, Inc., a Delaware corporation.
"ZipRealty Agent" or "ZipRealty Agents" means a real-estate broker, salesperson, agent, associate broker, or similar state licensed real-estate professional licensed with ZipRealty.
"Partner Brokerage" means a third-party real-estate brokerage entity not operated by or affiliated with ZipRealty.
"Partner Agent" or "Partner Agents" means a third-party real-estate broker, salesperson, agent, associate broker, or similar state-licensed real-estate professional affiliated or licensed with Partner Brokerage who provides professional real-estate services to Users and who is not affiliated or licensed with ZipRealty.
"Buyer" or "Home Buyer" means a person who is buying or considering purchasing a property.
"Seller" or "Home Seller" means a person who is selling or considering the sale of a property.
"User" or "Users" means any person/s who accesses the Website and/or otherwise utilizes the services of ZipRealty or Partner Brokerage.
"Website" means the ZipRealty Internet website (defined to include web, mobile, or otherwise) currently located at the URL address www.ZipRealty.com, and the Interent real-estate services operated by or on behalf of ZipRealty in connection with such website.
"Agent Ratings" is a feature on the Website where Clients can rate and review a ZipRealty Agent or Partner Agent.
"Consumer Comment Features" consists of the Agent Ratings features on the Website.
|1.|| Registration. To register as a Client, the User must be eighteen (18) years of age or older.
|2.||Use of Website. Users of the Website agree to the following:
|2.1 The User must (a) provide true, accurate, and current information and (b) maintain and update this information and ensure that it remains true, accurate, and current. By registering, the User consents to receive personalized emails, telephone calls and/or faxes from ZipRealty, ZipRealty Agents, Partner Brokerage, or Partner Agents.
|2.2 Any User that holds any type of real-estate license, including, but not limited to a brokers, associate brokers or salespersons license other than ZipRealty Agents or Partner Agents must immediately advise ZipRealty by telephone, facsimile, email or chat before that User may access any password protected material including house listing data or other data compilations. At its discretion, ZipRealty reserves the right to deny or terminate access to any real-estate agent who is not a ZipRealty Agent or Partner Agent, except for the real-estate agent’s limited purpose of accessing the Website for verifying compliance with MLS rules.
|3.||Client Agreements and Representations. Client agrees to the following:
|3.1 Client agrees to provide his/her own access to the World Wide Web and pay any fees associated with such access.
|3.2 Client must be a prospective purchaser or seller of real property in the geographic areas where ZipRealty or Partner Brokerage is licensed and operating with a bona fide interest in the purchase or sale of such real property. Employees of any Multiple Listing Service ("MLS") of which ZipRealty is a member, or anyone duly authorized by the MLS, may access ZipRealty's website for purposes of verifying compliance with MLS rules and monitoring display of MLS participant listings.
|3.3 Client represents and warrants that he/she has not signed any agreement with a real-estate broker or agent that would prevent the Client from using ZipRealty as his or her sole and exclusive agent. Client does not have a contract or agreement with any third party that would interfere with ZipRealty's representation of Client.
|3.4 Client agrees to limit his or her online search to houses or properties within his or her anticipated purchase ability or price range and to the properties that meet his or her other criteria.
|3.5 Client agrees that he or she will not contact the owner/seller of any property from information gained through the Website. The Client will not attempt to enter the property or speak with an owner/seller without an appointment set by ZipRealty.
|3.6 Client agrees to abide by all copyright restrictions placed on the content of the ZipRealty Website including, but not limited to, any material or data compilations where ZipRealty or others hold the copyright.
|3.7 The Client agrees that ZipRealty may also represent other prospective buyers seeking to purchase properties that may meet Client's criteria.
|3.8 Client authorizes ZipRealty to review and provide copies of various documents in the transaction to the Client. This includes, but is not limited to, home inspection reports and closing papers.
|3.9 Client agrees to immediately notify ZipRealty in the event that the Client enters into an agreement with another broker.
|3.11 Client understands and agrees that Partner Agents and independent-contractor ZipRealty Agents may offer their own promotions and incentives including, but not limited to, rebates and concessions. Such promotions and incentives by Partner Agents and independent-contractor ZipRealty Agents are not being offered on behalf of or endorsed by ZipRealty, and ZipRealty is not responsible and shall not be held liable for such promotions and incentives.
|4.||Home Data. All home data provided on the Website is for the personal, sole and private, non-commercial use of the User and Client and not available for redistribution, retransmission or copying. The User and Client may not sell or use the Website data for any purpose, other than the purpose of attempting to evaluate houses or properties for sale or purchase. User and Client acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and User and Client acknowledge the validity of the MLS's copyright to such data.
|6.||Termination. ZipRealty reserves the right, for any reason, to terminate User/Client access to the Website and/or cease doing business with any person including, without limitation, any User/Client who uses profanity, obscenity, vulgarity or offensive, threatening, unlawful, harmful, harassing, tortious, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any ZipRealty Agents, Partner Agents, employees, agents, contractors or customers, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, ZipRealty reserves the right to refuse to do business with any person in ZipRealty's discretion, consistent with local, state and federal fair housing and other laws.
|8.||Website Content. ZipRealty provides a variety of information and a number of features on its Website, including the Consumer Comments Features and ZipRealty Agent and Partner Agent profiles and comments on properties for sale, to assist Clients and Users. ZipRealty is merely providing Clients, Users, ZipRealty Agents, and Partner Agents a forum to exchange information, and in no way endorses, guarantees, or is responsible, and shall not be held liable, for the accuracy or reliability of any content posted on the Website by a Client, User, ZipRealty Agent, or Partner Agent. Content and opinions posted on the Website by a Client, User, ZipRealty Agent, or Partner Agent belong to those respective author(s) and not ZipRealty. Any use or reliance on any content and opinions posted on the Website or obtained by Client/User through the Website is at Client/User’s own risk.
|9.||Website Content Submission.
|9.2 By submitting a review on the Agent Ratings feature, Client grants ZipRealty the right to post the Client's first name and first initial of Client's last name and real-property information such as price of property, property type (e.g., single family, condo, townhouse), type of transaction (e.g., conventional, short sale, foreclosure), and/or the city in which the property is located pertaining to such review.
|9.3 Client/User also agrees not to post any information or content (including User Content):
|11.||No Warranty. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE WEBSITE IS AT CLIENT/USER'S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND ZIPREALTY, ITS SERVICE PROVIDERS, AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF OR UNINTERRUPTED ACCESS TO INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT/USER FROM ZIPREALTY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CLIENT/USER.
|12.||Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ZIPREALTY NOR ANY OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO CLIENT, USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SERVICE AND/OR THIS WEBSITE, OR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR INABILITY TO GAIN ACCESS TO OR USE THIS SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF ZIPREALTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ZIPREALTY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
|13.||Indemnity. By using the ZipRealty Website, Client/User agrees to indemnify, defend, and hold
harmless ZipRealty, its ZipRealty Agents, officers, agents, partners, and employees from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorney's fees)
arising out of or relating to content Client/User submits, posts or transmits through the ZipRealty Website, including,
without limitation, any User Content; Client/User's use of or connection to the ZipRealty Website; Client/User's violation or
rights of another.
|14.||Security. ZipRealty cares about the integrity and security of Client/User personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use Client/User's personal information for improper purposes. Client/User acknowledges that it provides personal information at its own risk.
|15.||Partner Brokerage and Partner Agents. Clients and Users understand and expressly agree that neither ZipRealty nor ZipRealty Agents shall have any liability for any acts or omissions of Partner Brokerage or any Partner Agent in any respect. Clients and Users further understand and expressly agree that Partner Brokerage and/or Partner Agents are third parties and are not affiliated with or licensed or operated by ZipRealty.
|18.||Digital Millennium Copyright Act procedures.
If Client/User believes that Client/User's work has been copied in a way that constitutes copyright infringement, or Client/User's intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
ZipRealty's Agent for notice of claims of copyright or other intellectual property infringement may be reached in the following ways:
|19.||Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
|19.1. Governing Law.
|19.3. Class Action/Jury Trail Waiver.
|21.||Notification Procedures. ZipRealty may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to any Client/User via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by ZipRealty in our sole discretion. ZipRealty reserves the right to determine the form and means of providing notifications to Clients/Users. ZipRealty is not responsible for any automatic filtering any Client/User or its network provider may apply to email notifications we send to the email address Client/User provides us.
Heartland Multiple Listing Service, Inc.
As consideration for the right to search this website operated by ZipRealty, Inc. for properties for sale or lease, I/We ("User") agree to the following terms and conditions:
- All data displayed on this website about properties for sale or lease are the proprietary asset of the Heartland Multiple Listing Service, Inc. ("HMLS"). HMLS owns all Intellectual Property Rights in and to such data, or the compilation of such data, including all copyright, patent, trade secret, or trademark rights. User will not contest HMLS' Intellectual Property Right claims, nor assist others in doing so. User agrees that in the event User infringes upon HMLS' Intellectual Property Rights in the property data displayed on this website, HMLS' remedies at law are inadequate, and that HMLS is entitled to temporary and permanent injunctive relief to prohibit such an infringement.
- User agrees that User is a bona fide potential purchaser or lessee of property in the market area served by HMLS and (name of broker). User agrees that any search performed by User of properties available for sale or lease utilizing this website is solely for the purpose of identifying properties in which User has legitimate and bona fide interest in buying or leasing.
- User agrees that User shall not use this website, or any of the property data accessible on this website, for any commercial or business purpose. User shall not sell, loan, exchange, or license, or otherwise retransmit the property data accessible on this website to any third party without the express written permission of HMLS and (name of broker).
- User waives any and all claims for damages of any kind against HMLS or (name of broker) by reason of Users' use of this website, or the property data available at this website, including, but not limited to actual, punitive, special, or consequential damages, or lost profits or unrealized savings.
- This Agreement shall be governed by the laws of Kansas. User agrees that any suit to enforce this Agreement shall be brought in the state or federal courts having jurisdiction over Johnson County, Kansas. User waives any objection to the personal jurisdiction of such courts.
- In the event a judgment is entered against User in any action by or against User to enforce the parties' obligations under this Agreement, User shall pay the prevailing parties' attorneys fees and costs incurred in the prosecution or defense of such action.
- User acknowledges and agrees that HMLS is a third party beneficiary of this Agreement and both (name of broker) and HMLS shall each have the authority to enforce its terms against User.
- The following are terms of a legal agreement between you, the person viewing and/or using this Internet site ("User") and the operator ("Provider") of this Internet site ("Site"), By accessing, browsing and/or using this Site, User acknowledges that User has read, understood, and agrees to be bound by these terms and to comply with all applicable laws and regulations, including but not limited to U.S. export and re-export control laws and regulations. If User does not agree to these terms, User is not authorized to use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright law and international treaties.
- User must be a prospective purchaser or seller of real estate with a bona fide interest in the purchase or sale of such real estate.
- To the fullest extent permitted by law, the data on this Site is provided "as is," without warranty or representation of any kind, either express or implied, as to the nature, quality, characteristics or value of any property or information to which the data pertains. NEITHER PROVIDER NOR METROLIST MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DATA DISPLAYED ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR AS TO THE TIMELINESS, ACCURACY AND/OR COMPLETENESS OF THE DATA.
- NEITHER PROVIDER NOR METROLIST SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOST PROFITS, LOSS OF CUSTOMERS OR OTHER PECUNIARY LOSS), ARISING OUT OF THE USE OR INABILITY TO USE THE DATA DISPLAYED ON THIS SITE, WHETHER THE CLAIM OR CAUSE OF ACTION ARISES IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY.
MetroList Services, Inc.
Regional Multiple Listing Service of Minnesota, Inc. ("RMLS")
Users who search for RMLS real-estate listings are subject to the terms of the RMLS license agreement
THIS IS NOT A CONTRACT
Pennsylvania law requires real estate brokers and salespersons (licensees) to advise consumers who are seeking to sell or purchase residential or commercial real estate or tenants who are seeking to lease residential or commercial real estate where the licensee is working on behalf of the tenant of the business relationships permitted by the real estate licensing and registration act. This notice must be provided to the consumer at the first contact where a substantive discussion about real estate occurs unless an oral disclosure has been previously provided. If the oral disclosure was provided, this notice must be provided at the first meeting or the first time a property is shown to the consumer by the broker or salesperson.
Before you disclose any information to a licensee, be advised that unless you select an agency relationship the licensee is NOT REPRESENTING YOU. A business relationship of any kind will NOT be presumed but must be established between the consumer and the licensee.
Any licensee who provides you with real estate services owes you the following duties:
- Exercise reasonable professional skill and care which meets the practice standards required by the Act.
- Deal honestly and in good faith.
- Present, in a reasonably practicable period of time, all offers, counteroffers, notices, and communications to and from the parties in writing. The duty to present written offers and counteroffers may be waived if the waiver is in writing.
- Comply with Real Estate Seller Disclosure Act.
- Account for escrow and deposit funds.
- Disclose all conflicts of interest in a reasonably practicable period of time.
- Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions.
- Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise.
- Keep the consumer informed about the transaction and the tasks to be completed.
- Disclose financial interest in a service, such as financial, title transfer and preparation services, insurance, construction, repair or inspection, at the time service is recommended or the first time the licensee learns that the service will be used.
A licensee may have the following business relationships with the consumer:
Seller agency is a relationship where the licensee, upon entering into a written agreement, works only for a seller/ landlord. Seller's agents owe the additional duties of:
- Loyalty to the seller/landlord by acting in the seller's/landlord's best interest.
- Confidentiality, except that a licensee has a duty to reveal known material defects about the property.
- Making a continuous and good faith effort to find a buyer for the property, except while the property is subject to an existing agreement.
- Disclosure to other parties in the transaction that the licensee has been engaged as a seller's agent.
A seller's agent may compensate other brokers as subagents if the seller/landlord agrees in writing. Subagents have the same duties and obligations as the seller's agent. Seller's agents may also compensate buyer's agents and transaction licensees who do not have the same duties and obligations as seller's agents.
If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above under seller agency. The exception is designated agency. See the designated agency section in this notice for more information.
Buyer agency is a relationship where the licensee, upon entering into a written agreement, works only for the buyer/tenant. Buyer's agents owe the additional duties of:
- Loyalty to the buyer/tenant by acting in the buyer's/tenant's best interest.
- Confidentiality, except that a licensee is required to disclose known material defects about the property.
- Making a continuous and good faith effort to find a property for the buyer/tenant, except while the buyer/tenant is subject to an existing contract.
- Disclosure to other parties in the transaction that the licensee has been engaged as a buyer's agent.
A buyer's agent may be paid fees, which may include a percentage of the purchase price, and, even if paid by the seller/landlord, will represent the interests of the buyer/tenant.
If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above under buyer agency. The exception is designated agency. See the designated agency section in this notice for more information.
Dual agency is a relationship where the licensee acts as the agent for both the seller/landlord and the buyer/tenant in the same transaction with the written consent of all parties. Dual agents owe the additional duties of:
- Taking no action that is adverse or detrimental to either party's interest in the transaction.
- Unless otherwise agree to in writing, making a continuous and good faith effort to find a buyer for the property and a property for the buyer, unless either are subject to an existing contract.
- Confidentiality, except that a licensee is required to disclose known material defects about the property.
In designated agency, the employing broker may, with your consent, designate one or more licensees from the real estate company to represent you. Other licensees in the company may represent another party and shall not be provided with any confidential information. The designated agent(s) shall have the duties as listed above under seller agency and buyer agency.
In designated agency, the employing broker will be a dual agent and have the additional duties of:
- Taking reasonable care to protect any confidential information disclosed to the licensee.
- Taking responsibility to direct and supervise the business activities of the licensees who represent the seller and buyer while taking no action that is adverse or detrimental to either party's interest in the transaction.
The designation may take place at the time that the parties enter into a written agreement, but may occur at a later time. Regardless of when the designation takes place, the employing broker is responsible for ensuring that confidential information is not disclosed.
A transaction licensee is a broker or salesperson who provides communication or document preparation services or performs other acts for which a license is required WITHOUT being the agent or advocate for either the seller/landlord or the buyer/tenant. Upon signing a written agreement or disclosure statement, a transaction licensee has the additional duty of limited confidentiality in that the following information may not be disclosed:
- The seller/landlord will accept a price less than the asking/listing price.
- The buyer/tenant will pay a price greater than the price submitted in a written offer.
- The seller/landlord or buyer/tenant will agree to financing terms other than those offered.
Other information deemed confidential by the consumer shall not be provided to the transaction licensee.
OTHER INFORMATION ABOUT REAL ESTATE TRANSACTIONS
The following are negotiable and shall be addressed in an agreement/disclosure statement with the licensee:
- The duration of the employment, listing agreement or contract.
- The fees or commissions.
- The scope of the activities or practices.
- The broker's cooperation with other brokers, including the sharing of fees.
Any sales agreement must contain the zoning classification of a property except in cases where the property is zoned solely or primarily to permit single family dwellings.
Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658.
ACKNOWLEDGMENT (For Pennsylvania customers)
I acknowledge that I have received this disclosure.
Date: _______________ ________________ _________________ Print (Consumer) Print (Consumer) ________________ _________________ Signed (Consumer) Signed (Consumer) ________________ _________________ Address (Optional) Address (Optional) ________________ _________________ Phone Number (Optional) Phone Number (Optional) I certify that I have provided this document to the above consumer. Date: _______________ ___________________________________________ Print (Licensee) ___________________________________________ Signed (Licensee) Adopted by the State Real Estate Commission at 49 Pa. Code §35.336.