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Terms of Use

[Last Updated: March 11, 2014]

By registering on the ZipRealty Website (as defined below) or by accessing the ZipRealty Website, Client/User (as defined below) is acknowledging and accepting these Terms of Use and agreeing to the collection and use of Client/User's information as set forth in the ZipRealty Privacy Policy, whether or not User is a registered user of the Website. ZipRealty may from time-to-time revise these Terms of Use, and the date of last revision will be available at the top of this page, so please be sure to check back periodically. Client/User's continued use of the Website after changes have been posted to these Terms of Use will constitute Client and/or User's acceptance of such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

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.

"Client" or "Clients" means a User/s that has/have completed the registration process and has/have agreed to these Terms of Use.

"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.

"Consumer Comment Guidelines" means the rules, together with these Terms of Use, that govern the use of the Consumer Comment Features.

Terms of Use

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.

  2.3 The Website features Microsoft Bing Maps and Google Maps. Use of Microsoft Bing Maps is subject to the Bing Maps Terms of Use and use of Google Maps is subject to the Google Maps Terms of Use and Privacy Policy.

  2.4 We care about the privacy of our Users. The User understands that by using the Website, it consents to the collection, use and disclosure of its personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have its personally identifiable information collected, used, transferred to and processed in the United States.

  2.5 The Website may contain links to third-party websites, advertisers, services, listings, special offers, or other events or activities that are not owned or controlled by ZipRealty. ZipRealty does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If the User accesses a third party website from the ZipRealty Website, the User does so at its own risk, and the User understands that these Terms of Use and ZipRealty's Privacy Policy do not apply to the User's use of such sites. The User expressly relieves ZipRealty from any and all liability arising from the User's use of any third-party website, service, or content. Additionally, the User's dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between the User and such advertisers. The User agrees that ZipRealty shall not be responsible for any loss or damage of any sort relating to the User's dealings with such advertisers.

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.

  3.10 Client agrees to comply with ZipRealty's Consumer Comment Guidelines when utilizing the Consumer Comment Features. The Consumer Comment Guidelines are located at http://www.ziprealty.com/footer_pages/site_rules.jsp and are made part of these Terms of Use and expressly incorporated herein by this reference.

  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.

5. Webscraping and Other Unpermitted Uses. User may use the Website only for lawful purposes and according to these Terms of Use. User agrees not to: (i) use this Website in any manner that could disable, overburden, damage, or impair this Website, or interfere with any other use of this Website, including, but not limited to, any User’s ability to engage in real-time activities through this Website; (ii) use any robot, spider, or other automatic device, process, or means to access this Website for any other purpose, including to monitor or copy any of the Website content; (iii) use any manual process to monitor or copy any of the Website content, or to engage in any other unauthorized purpose; (iv) otherwise use any device, software, or routine that interferes with the proper working of this Website; or (v) otherwise attempt to interfere with the proper working of this Website.

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.

7. Use of Website Content. User may download, view and print a single copy of any content on the website, solely for User's personal and non-commercial purposes, subject to the restrictions set forth in these Terms of Use. All right, title, and interest in and to the ZipRealty Website and any other content appearing on the ZipRealty Website, will remain the exclusive property of ZipRealty and its licensors. Except as expressly permitted in these Terms of Use, User may not access, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the ZipRealty Website, or any other content appearing on the ZipRealty Website. User may not copy or modify the HTML code used to generate web pages on the ZipRealty Website.

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.

  9.1 By contributing, or submitting, or otherwise providing any content, information, or materials to be posted on the Consumer Comment Features or other areas of the ZipRealty Website ("User Content"), Client/User warrants that Client/User is the author of such User Content and the owner of all intellectual property rights therein and relating thereto, and Client/User hereby grants ZipRealty a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute its User Content and/or incorporate such User Content into any form, medium or technology without compensation to Client/User. Client/User grants to ZipRealty perpetual electronic publishing rights for all User Content that Client/User posts on the Consumer Comment Features. In addition, Client/User warrants that all "moral rights" that Client/User may have in its User Content have been voluntarily waived by Client/User. Client/User represents and warrants that none of its User Content shall be subject to any obligation of confidence on the part of ZipRealty, Partner Brokerage, and their agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Client/User further represents and warrants that it (i) has the written consent of each and every identifiable natural person in its User Content to use such person's name or likeness in the manner contemplated by the Website and these Terms of Use, and each such person has released Client/User from any liability that may arise in relation to such use; (ii) Client/User's User Content and ZipRealty's use thereof as contemplated by these Terms of Use and the Website will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights, publicity rights, or privacy rights; (iii) ZipRealty may exercise the rights to Client/User's User Content granted under these Terms of Use without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (iv) all Client/User's User Content and other information that provided to us is truthful and accurate. ZipRealty reserves the right to change, condense or delete any content, information, or materials on the Website (including User Content) that ZipRealty deems, in its sole discretion, to violate the Consumer Comment Guidelines or any other provision of these Terms of Use.

  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):

 
  1. that is known by Client/User to be false, inaccurate or misleading;
  2. that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, fair housing or false advertising);
  4. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  5. for which Client/User was compensated or granted any consideration by any third party;
  6. that includes any information that references social security numbers, credit card numbers, driver’s license numbers, addresses, email addresses, contact information or phone numbers, except as expressly permitted in the Consumer Comment Guidelines; or
  7. that contains any computer viruses, worms or other potentially damaging computer programs or files.

10. Other Rules. Client/User agrees to comply with ZipRealty's Consumer Comment Guidelines and with all laws and regulations applicable to Client/User's access and use of ZipRealty's Website and publishing of Client/User content. Client/User may not harvest personal data (including email addresses) from the ZipRealty Website, and specifically Client/User may not use email addresses displayed on our sites to ask users to join or contribute to Client/User's services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. Client/User acknowledges that ZipRealty has no obligation to monitor Client/User's access to or use of the ZipRealty Website, but has the right to do so for the purpose of operating the ZipRealty Website, to ensure Client/User's compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, Client/User may not use any automated means (such as scripts) to access the ZipRealty Website or collect information from it.

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 alleged violation of any portion of these Terms of Use and/or the Consumer Comment Guidelines; or Client/User's violation of any 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.

16. Acknowledgement of Consumer-Broker Relationship. By agreeing to these Terms of Use, Client acknowledges entering into a lawful consumer-broker relationship as may be defined under state law.

17. Agreement to Terms. By agreeing to these Terms of Use, Client/User acknowledges that they have read these Terms of Use, understood these Terms of Use and agree to be bound by the terms set forth herein.

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:

 
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including its location on the site;
  • Client/User's address, phone number, and email address so that we may contact Client/User;
  • A statement by Client/User that Client/User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by Client/User, under penalty of perjury, that (a) the information in the notification is accurate, and (b) Client/User is the owner of the copyright or other intellectual property or authorized to act on behalf of the owner.
 

ZipRealty's Agent for notice of claims of copyright or other intellectual property infringement may be reached in the following ways:
By mail: ZipRealty Inc., 2000 Powell St., Suite 300, Emeryville, CA, 94608
By phone: (510) 735-2600
By email: team@ziprealty.com

19. Governing Law, Arbitration, and Class Action/Jury Trial Waiver.

  19.1. Governing Law.

Client/User agrees that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive one that does not give rise to personal jurisdiction over ZipRealty, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Client/User agrees to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. Client/User agrees that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

  19.2. Arbitration.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH CLIENT/USER CAN SEEK RELIEF FROM ZIPREALTY. For any dispute with ZipRealty, Client/User agrees to first contact us at team@ziprealty.com and attempt to resolve the dispute with us informally. In the unlikely event that ZipRealty has not been able to resolve a dispute it has with Client/User after sixty (60) days, the parties each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, Inc. ("JAMS"), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Alameda County, California, unless the parties agree otherwise. If Client/User is using the Website for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If User is an individual using the Website for its personal use: (i) JAMS may require User to pay a fee for the initiation of its case, unless User applies for and successfully obtains a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include User's costs of arbitration, User's reasonable attorney's fees, and User's reasonable costs for expert and other witnesses; and (iii) User may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve User of its commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing ZipRealty from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

  19.3. Class Action/Jury Trail Waiver.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WEBSITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. CLIENT/USER AGREES THAT, BY ENTERING INTO THESE TERMS OF USE, CLIENT/USER AND ZIPREALTY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

20. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by any Client/User, but may be assigned by ZipRealty without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

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.

22. No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ZipRealty's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

23. Contact. Please contact us team@ziprealty.com with any questions regarding these Terms of Use.

24. Entire Agreement/Severability. These Terms of Use, together with any amendments and any additional agreements Client/User may enter into with ZipRealty in connection with the Website, shall constitute the entire agreement between Client/User and ZipRealty concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.


MLS Disclaimers:

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:

  1. 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.
  2. 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.
  3. 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).
  4. 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.
  5. 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.
  6. 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.
  7. 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.



MetroList Services, Inc.

Terms of Use

  1. 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.
  2. 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.
  3. All real-estate data and other informational content provided on this Site (including but not limited to descriptions, images, and other information constituting or relating to real-estate listings) is strictly for the personal, private, non-commercial use of User and is not made available for redistribution, retransmission, reformatting, modification or copying. User may not sell or use any of the real-estate data on this Site for any purpose other than attempting to evaluate houses or properties for sale or purchase by User. User acknowledges that the real-estate data and other informational content on this Site is provided by MetroList Services, Inc., a California corporation ("MetroList"), and User acknowledges the validity of MetroList's copyright as to such data. User expressly acknowledges and agrees that MetroList is a third party beneficiary of these Terms of Use, and that MetroList will be entitled to enforce these Terms of Use against User.
  4. 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.
  5. 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.
  6. User agrees that the prevailing party or parties in any action brought to enforce or for breach of these Terms of Use shall be entitled to recover, in addition to any other relief, that party's or those parties' reasonable attorney's fees and court costs incurred in such action from the non-prevailing party or parties.

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


Pennsylvania customers:

CONSUMER NOTICE

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:

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:

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:

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.

Designated Agency:

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.

Transaction Licensee:

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.