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Zillow Group Pro Services and Listing Ads Terms of Use

– Updated March 2019

IMPORTANT: IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE THAT SECTION 11 OF THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH WILL REQUIRE YOU TO RESOLVE ANY DISPUTE WITH ZILLOW GROUP ON AN INDIVIDUAL BASIS AND, EXCEPT IN LIMITED CIRCUMSTANCES, THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. PLEASE READ IT CAREFULLY.

These Zillow® Group Pro Services and Listing Ads Terms of Use (the “Agreement”) govern the placement of Zillow Premier Agent (including, without limitation, Premier Agent Direct), Trulia One, Featured Listing, Enhanced Video Walkthrough, and standard For Sale and For Rent By Owner Listings (the last two, collectively, “Standard Listings”) advertisements (each, an “Ad” and collectively, “Ads”) with Zillow Group, Inc. (“Zillow Group”) by the customer (“Advertiser” or “you”) placing an Ad order (an “Ad Order”). If Advertiser submits an Ad Order on the Zillow Group Sites (as defined below) or via phone with Zillow Group inside sales, Advertiser is purchasing the Ad directly from Zillow Group. In either case, Zillow Group and Advertiser agree and acknowledge that this Agreement will apply. To the extent there is an inconsistency between a term in this Agreement and a term in the Ad Order, the term in this Ad Order will govern. Advertiser shall protect any Advertiser password(s) and takes full responsibility for any use of any Advertiser account(s) on the services offered by Zillow Group (the “Services”).

1. Policies.

2. Ad Programs.

3. Ad Materials; Advertiser Information.

4. Termination.

5. Prohibited Uses. Advertiser shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions for Advertiser’s own Ad or any other advertisements on the Zillow Group Sites or the Licensee Sites; (b) use any automated means of scraping or data extraction to collect Zillow Group advertising related information from any Zillow Group Site or Licensee Site except as expressly permitted by Zillow Group in writing; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice.

6. Disclaimer and Limitation of Liability. ZILLOW GROUP PROVIDES THE ADS PROGRAMS “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZILLOW GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ZILLOW GROUP, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, Zillow Group disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on any Zillow Group Site or Licensee Site, or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the Zillow Group Site(s) or the Licensee Site(s). EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER’S BREACHES OF SECTION 1 AND SECTION 3.B, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER’S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZILLOW GROUP BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

7. Payment. Advertiser shall be responsible for all charges as provided via Advertiser’s account, and shall pay all charges in U.S. Dollars. For purchases directly from Zillow Group, charges are made against Advertiser’s credit card at the time of purchase and on a monthly basis for ongoing Ads programs. In the event Advertiser fails to pay, unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Charges are exclusive of applicable taxes. Advertiser is responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys’ fees) Zillow Group incurs in collecting unpaid amounts. To the fullest extent permitted by law, Advertiser waives all claims relating to charges (including any claims for charges based on suspected invalid clicks) unless claimed within sixty (60) days after the charge (without prejudice to Advertiser’s credit card issuer rights). Charges are based solely on Zillow Group’s measurements for the Ads program. To the fullest extent permitted by law, refunds (if any) are at the sole discretion of Zillow Group. Nothing in this Agreement may obligate Zillow Group to extend credit to any party. Advertiser acknowledges and agrees that any credit card and related billing and payment information that Advertiser provides to Zillow Group may be shared by Zillow Group with companies who work on Zillow Group’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Zillow Group and servicing Advertiser’s account. Zillow Group may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Zillow Group shall not be liable for any use or disclosure of such information by such third parties.

8. Changes to Terms of the Agreement and or the Ads Programs. Zillow Group may change the terms of this Agreement at any time upon notice and without liability. Zillow Group may give notice as described in Section 11 below, or Zillow Group may give notice by updating the terms on the web page located at http://www.zillow.com/corp/SATerms.htm. Zillow Group further reserves the right to change or discontinue any or all of the Ads programs at any time with or without notice.

9. Indemnification. Advertiser shall indemnify and defend Zillow Group, its authorized licensees, suppliers, agents, affiliates, and licensors from any third party claim or liability arising out of: (i) Ad Materials, (ii) Advertiser’s violation of federal, state, local or any other laws or regulations; and (iii) Advertiser’s breach of this Agreement, the Ad Order, or any other applicable terms and conditions, including but not limited to the Zillow Group Terms of Use.

10. Consent to Receipt and Recording of Communications. Advertiser agrees that Zillow Group, or a third party acting on behalf of Zillow Group, may email, call and/or send text messages to the email address and telephone number(s) provided by Advertiser, or via in-app features, including calls and text messages using an automatic telephone dialing system and/or an artificial or prerecorded voice (“Other Messages”). Advertiser further agrees that such emails, calls and/or text messages may constitute advertising or telemarketing, e.g. Zillow Group may email, call, or text with information about new service offerings available to Advertiser. Advertiser understands that agreeing to receive Other Messages that constitute advertising or telemarketing is not a condition to purchase. Advertiser further agrees that calls between Advertiser and consumers or Zillow Group employees may be recorded for quality control, training, and other internal business purposes. For certain Services provided by Zillow Group, Advertiser acknowledges that call recording may not be disabled by Advertiser.

11. Dispute Resolution.

12. Miscellaneous. Except as preempted by the FAA, this Agreement is governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. Each party agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for any actions for which the parties retain the right to seek injunctive or other equitable relief. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses. This Agreement, including the corresponding Ad Order(s), constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void. Advertiser may grant approvals, permissions, extensions and consents by email, but any modifications by Advertiser to the Agreement must be agreed upon in a writing executed by both parties. Any notices to Zillow Group must be sent to Zillow Inc., Pro Services Agreement, 1301 Second Ave., Floor 36, Seattle, WA 98101, with a copy to Legal Department, via registered mail with return receipt or air mail or overnight courier, and are deemed given upon receipt. Notice to Advertiser may be effected by sending an email to the email address specified in Advertiser’s account, or by posting a message to Advertiser’s account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for a message). A waiver of any default is not a waiver of any subsequent default. Subject to Section 11, unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Advertiser may not assign any of its rights hereunder and any such attempt is void. Zillow Group and Advertiser are independent contractors, not legal partners or agents. In the event that this Agreement or the applicable Ads program is terminated, Zillow Group shall not be obligated to return any materials to Advertiser.