Market-Based Pricing Advertising Terms of Use

Effective January 1, 2026

These Market-Based Pricing Advertising Terms of Use (the “Terms”) govern your purchase of Zillow Market-Based Pricing Advertising (“MBP”) and other related products and services (the “MBP Advertising”) and are made part of the order form, if applicable (“Ad Order” and together with the Terms, the “Agreement”) between you (“you” or “Advertiser”) and Zillow, Inc. (collectively with its affiliates and subsidiaries, “Zillow”). Your use of MBP Advertising means you accept all terms, conditions, and requirements set forth below.

MBP Advertising is a subscription service with recurring monthly charges. When you purchase MBP Advertising, either through the online checkout process or by signing the Ad Order, you authorize Zillow to charge your payment method on file for the amount due on your monthly bill date, as shown in Advertiser’s My Ads page. You will be billed monthly until you terminate your MBP Advertising. In order to stop recurring charges, you must terminate your MBP Advertising at least one day before your monthly bill date (or at least 24 hours before the end of your Ad Order End Date, if applicable), as further described in Section 7 of these Terms. If you sign an Ad Order and are in your Initial Term or a Renewal Term, as defined in the Ad Order, and you cancel MBP Advertising before the end of such Initial Term or Renewal Term, then you will be charged a Termination Fee equal to two times your Minimum Monthly Spend. Zillow provides the MBP advertising program “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with Advertiser.

IMPORTANT: IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE THAT SECTION 15 OF THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH WILL REQUIRE YOU TO RESOLVE ANY DISPUTE WITH ZILLOW 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.

1. Policies. Advertiser’s participation in MBP Advertising is subject to the Zillow Advertising Content and Image Guidelines, Good Neighbor & Conduct Policy,  Zillow Privacy Notice, the Zillow Terms of Use, and other policies and requirements published by Zillow from time to time (collectively, “Policies”). The Policies are incorporated by reference herein and Zillow may modify the Policies at any time. To the extent there is an inconsistency between a term in this Agreement and a term in the Policies, the term in this Agreement will govern. 
2. Program Description. Advertiser may purchase MBP Advertising on a monthly basis through the online portal or through a sales advisor.  Advertiser may also purchase MBP Advertising for a six-month term through a sales advisor by signing an Ad Order.  MBP Advertising includes the advertisements and contacts (each, a “Connection”) originating from certain zip codes on websites and applications owned or operated by Zillow or Zillow’s authorized licensees (“Zillow Sites”) that Zillow delivers to Advertiser. Advertiser represents that Advertiser (a) is an active real estate agent who is licensed in the state where MBP Advertising is purchased and  (b) has the full right and authority to enter into this Agreement. 

3. MBP Advertising.      

a.  Market-Based Pricing Model. MBP Advertising is provided under a market-based pricing model. Prior to Advertiser’s purchase of MBP Advertising and during Advertiser’s use of MBP Advertising, Advertiser may see predictions of Connections that Zillow may deliver; these predictions are estimates only and Zillow does not guarantee that any number of Connections will be delivered. Advertiser understands that (1) the quality and quantity of Connections Zillow delivers to Advertiser may vary and (2)Advertiser’s pricing may be subject to frequent changes and may vary widely depending on the number of Connections available in that zip code, the number of other customers purchasing Connections in that zip code, and the budgets set by those other customers.  

b.  Premier Agent Account and My Ads Page. Current details on Advertiser’s monthly budget are available in Advertiser’s Premier Agent Account on the My Ads page. Advertiser will protect any password to Advertiser’s accounts or other technology provided by Zillow and used by Advertiser for the purposes of participating in MBP Advertising (“MBP Technology”). Advertiser takes full responsibility for any use of Advertiser’s MBP Technology.   

c.    Modifying Monthly Budget. Current details on Advertiser’s invoices, bill dates, and monthly budget are available on Advertiser’s My Ads page. It is Advertiser’s responsibility to monitor this page. Advertiser may update Advertiser’s monthly budget by zip code at any time via Advertiser’s My Ads page, however, if Advertiser has signed an Ad Order and is within Advertiser’s Initial Term or a Renewal Term, Advertiser will be subject to the Termination Fee (defined in Section 6(c) below) if Advertiser’s monthly budget drops below the Monthly Minimum Spend identified in Advertiser’s Ad Order. 

• Increase Spend: If Advertiser increases Advertiser’s monthly budget during a monthly billing period, the update will be effective immediately and the amount owed by Advertiser for such period will be prorated (meaning Advertiser will be charged the additional amount to cover the increase). 
• Decrease Spend: If Advertiser decreases Advertiser’s monthly budget during a monthly billing period, the update will not go into effect until the following monthly billing period. 

d.    MBP Advertising Information. Advertiser’s monthly budget(s) and other selections relating to Advertiser’s MBP Advertising are not considered Personal Information under the Zillow Privacy Policy and may be displayed or otherwise disclosed to other MBP Advertising participants. Advertiser further understands and agrees that all pricing and Connection information displayed within the Premier Agent platform constitutes Zillow’s confidential information and is provided for the sole purpose of facilitating Advertiser’s personal MBP Advertising purchasing decisions. Advertiser may only use pricing or Connections information as explicitly permitted in this Agreement. Sharing this information to any third party, in any form or format (including aggregated data), is strictly prohibited unless required by law. Any unauthorized disclosure or use may result in Zillow immediately terminating Advertiser’s MBP Advertising, banning Advertiser from the Zillow Sites and other properties, and pursuing all rights and remedies available to Zillow, all of which are hereby reserved.

4. MBP Advertising Materials.

a. License to MBP Advertising Materials. Advertiser (including third parties acting on Advertiser’s behalf) may provide Zillow with MBP Advertising Materials for Advertiser’s participation in MBP Advertising. Advertiser hereby grants to Zillow a worldwide, royalty-free, perpetual, nonexclusive, fully sublicenseable right and license to reproduce, modify, display, distribute, publicly perform, create derivatives and derivative works from, store, and otherwise use and exploit, all MBP Advertising Materials in any form, media, software, or technology of any kind to be used only on or in connection with MBP Advertising and the Zillow Sites. 

• “MBP Advertising Materials” includes all data and other information provided by Advertiser (including third parties acting on Advertiser’s behalf) to Zillow, in any form, including without limitation: (1) photos, videos, information, URLs, and other content, whether generated by or for Advertiser; and (1) the web sites and landing pages to which MBP Advertising Materials link or direct users.

b.   Advertiser’s Responsibilities. Advertiser is solely responsible for (1) all MBP Advertising Materials submitted to Zillow and (2) promptly updating Advertiser’s MBP Advertising Materials to ensure that all MBP Advertising Materials are current and accurate. Advertiser agrees not to include in the screen or profile names that are displayed in MBP Technology or on the Zillow Sites any language other than the Advertiser’s first and last name and/or the name of Advertiser’s business. 

c.    Advertiser’s Representation and Warranties. Advertiser represents and warrants to Zillow the following:

• that it holds all rights (including any copyright, trademark, patent, publicity, or other rights) in the MBP Advertising Materials necessary for Zillow to exercise its rights under the license granted above;
• the MBP Advertising Materials comply with all policies designed to ensure compliance with federal, state, and local civil rights and anti-discrimination laws, including, without limitation, the Fair Housing Act, Americans with Disabilities Act, and the Equal Credit Opportunity Act, to the extent such laws are applicable to Advertiser; and none of the MBP Advertising Materials will violate or encourage violation of any applicable laws, regulations, Policies (defined in Section 12), or third party rights (including the intellectual property rights listed above). 

d. Non-compliant MBP Advertising Materials. Zillow does not review MBP Advertising Materials prior to display, but Zillow reserves the right to remove any MBP Advertising Materials if Zillow discovers the MBP Advertising Materials contain an error or violate this Agreement (including the Policies). Zillow has the right, but not the obligation, to modify the MBP Advertising Materials for format, spelling, or other matters of presentation, or to comply with this Agreement (including the Policies).

5. Ownership of Data and Usage Rights. Zillow owns all right, title, and interest in all data that Zillow collects about Advertiser’s use of the Services and user interaction with MBP Advertising (including MBP Technology, Connections, and pricing).

6. Agent and Lender Co-Marketing. Advertisers who participate in the Co-Marketing program understand and agree that the relationship between the real estate agent and the lender in such program is strictly limited to a co-marketing arrangement under which the lender pays Zillow to appear in the Advertiser’s MBP Advertising on Zillow Sites. The Advertiser will be responsible for any amounts not paid by a lender (or lenders) for the Advertiser’s MBP Advertising. In the event that a co-marketing lender does not pay the amount billed by Zillow, Zillow will charge Advertiser the outstanding amount due based on Advertiser’s monthly budget.  Advertisers agree that Zillow may disclose details around Advertiser’s MBP Advertising to any lending entity or individual lender with whom Advertiser is co-marketing for the sole purpose of confirming compliance with legal requirements. 

7. Payment.      

a.    Payment Authorization. By signing up for MBP Advertising, Advertiser authorizes Zillow and its third-party service providers to charge Advertiser’s Payment Method (as defined below) on file (including credit card, debit card, or direct debit from Advertiser’s bank account, if applicable) for: (i) the budget shown on Advertiser’s My Ads page; (ii) any Monthly Minimum Spend if Advertiser’s budget is below such Monthly Minimum Spend shown in the Ad Order, if applicable; and (iii) any applicable taxes and possible transaction fees. These authorized charges will occur when Advertiser (a) initially purchases MBP Advertising by completing check-out online, either through the online portal or through a sales advisor, if applicable, and (b) each month thereafter, on the bill date shown on Advertiser’s My Ads page. These monthly charges will continue on a recurring monthly basis unless Advertiser terminates Advertiser’s MBP Advertising 24 hours prior to Advertiser’s next bill date if Advertiser is on a month to month term, or 24 hours prior to the end of Advertiser’s Initial Term or Renewal Term under an Ad Order, if applicable. If Advertiser wants to terminate MBP Advertising before the end of their Initial Term or any Renewal Term, Advertiser authorizes Zillow to charge Advertiser’s payment method in the amount of the Termination Fee (described below in Section 7(d)).

Advertiser is responsible for timely payment of all charges as provided via Advertiser’s My Ads page, and will pay all charges in U.S. Dollars. Monthly invoices will be available for Advertiser to view within Advertiser’s My Ads page.

Advertiser also authorize Zillow to further debit or credit Advertiser’s Payment Method to correct any erroneous debits or charges, make necessary adjustments to Advertiser’s payment, or to issue a refund back to Advertiser’s account.

b.  Payment Methods and Updates. Advertiser is responsible for maintaining accurate and up-to-date payment information in Advertiser’s My Ads page. All payments are processed using the payment method Advertiser provides through Advertiser’s Zillow My Ads page (the “Payment Method”). 

If there is a change to Advertiser’s Payment Method or billing details, Advertiser must update their Payment Method in Advertiser’s My Ads page. 

If Advertiser’s payment details change, Advertiser authorizes Advertiser’s card provider or bank to provide Zillow or its third-party service providers with updated payment details. Advertiser authorizes Zillow to charge any Payment Method, or any updated Payment Method associated with Advertiser’s account, if Advertiser’s primary or default payment method is declined or unable to satisfy amounts owed to Zillow under this Agreement.

e.  Sharing of Payment Information. Advertiser authorizes Zillow and Zillow’s service providers to store Advertiser’s Payment Methods for the purpose of executing future Zillow transactions and autorenewal payments under this Agreement as further described in Zillow’s Privacy Notice. 

f.  Taxes.  Advertiser will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on Advertiser upon or with respect to the transactions and payments under this Agreement. All fees payable by Advertiser are exclusive of applicable taxes and duties, including, without limitation, excise tax, sales and transaction taxes, and gross receipts taxes (“Indirect Taxes”). Advertiser will provide such information to Zillow as reasonably required to determine whether Zillow is obligated to collect Indirect Taxes from Advertiser. Zillow shall not collect, and Advertiser shall not pay, any such Indirect Tax or duty for which Advertiser furnishes Zillow a properly completed exemption certificate for which Zillow may claim an available exemption from Indirect Tax.

 g.   Late Payment. Zillow may terminate Advertiser’s MBP Advertising with or without notice for late payment caused by an invalid Payment Method, outdated payment details, or any other reason. Advertiser remains responsible for any uncollected amounts notwithstanding any termination of Advertiser’s MBP Advertising or Zillow account. In the event Advertiser’s payment is late, unpaid amounts will bear interest at the rate of one percent per month (or the highest rate permitted by law, if less). Advertiser is responsible for paying reasonable expenses (including collection agency and attorneys’ fees) Zillow incurs in collecting unpaid amounts. Nothing in this Agreement obligates Zillow to extend credit to any party. Payment of an invoice following termination does not entitle Advertiser to reactivation of services.

h. Billing Disputes. All disputes shall first be attempted to be resolved directly with Zillow. If Advertiser would like to dispute a charge or invoice received from Zillow, Advertiser must provide Zillow with written notice within 30 days of the charge or applicable invoice date. To the fullest extent permitted by law, Advertiser waives all claims relating to payments that Zillow charges to a payment method unless claimed within 30 days after the charge (without prejudice to Advertiser’s credit card issuer rights). 

i. Bank Accounts. When Advertiser adds their bank account as a Payment Method, Advertiser authorizes Zillow to make any inquiries or obtain any information, including a credit report or other credit checks, that Zillow determines is necessary to verify Advertiser’s bank account. Zillow may suspend, refuse, or remove Advertiser’s ability to make a payment using their bank account without notice for any reason at any time.  If Advertiser’s bank returns any payment (for example, if Advertiser has insufficient funds available or account blocks in place), Zillow may retry the payment. Advertiser’s bank may charge Advertiser an overdraft fee or other fees for each payment failure and Advertiser is responsible for any such fees. 

8. Term and Termination.

a. Term. If Advertiser has purchased MBP Advertising on a month-to-month term, Advertiser’s subscription will auto renew at the end of each month on the billing date shown in Advertiser’s My Ads page. If Advertiser has purchased MBP Advertising by signing an Ad Order for a six-month term, Advertiser’s subscription will auto renew on a month-to-month basis after the Initial Term is complete unless Advertiser turns on auto-renew in Advertiser’s My Ads page, or explicitly requests Zillow to turn on auto-renew, in which case the Ad Order will renew for another six-month Renewal Term, as applicable.      

b.   Termination by Advertiser. 

• Month-to-Month: If Advertiser has purchased MBP Advertising on a month-to-month term, Advertiser may terminate MBP Advertising 24 hours prior to Advertiser’s bill date by (1) reducing Advertiser’s budget(s) to zero on Advertiser’s My Ads page and completing checkout with the zero budget or (2) by contacting Advertiser’s Zillow sales advisor at least one full business day before Advertiser’s MBP Advertising is set to renew. 
• Ad Order: If Advertiser has purchased MBP Advertising via an Ad Order, Advertiser may terminate the Ad Order by calling Advertiser’s Zillow sales advisor at least one full business day prior to the end of the current Initial Term or Renewal Term.  

c.  Termination by Zillow. Zillow may terminate any Ad Order or this Agreement at any time by providing notice to Advertiser. For clarity, Zillow may also terminate at any time with or without notice for non-payment as further described in Section 6 above.

Zillow reserves the right to suspend or terminate Advertiser’s access to other Zillow products or services if Advertiser fails to pay amounts owed under this Agreement. Similarly, Zillow may suspend or terminate MBP Advertising if Advertiser defaults on payment obligations related to other Zillow products or services governed by separate agreements with Zillow.

d. No Refund; Fee for Early Termination. Advertiser acknowledges that MBP Advertising constitutes intangible services delivered digitally. As such, all sales are final and not subject to return, refund, or reversal unless otherwise specified herein. If Advertiser wishes to terminate an Ad Order during the Initial Term or any Renewal Term, Advertiser will be charged a termination fee equal to two (2) times the Monthly Minimum Spend (“Termination Fee”). Payments are nonrefundable and there are no refunds or credits for terminations that occur prior to a bill date.

Example: If Advertiser’s Monthly Minimum Spend is $1,500 and Advertiser terminates an Ad Order in the 3rd month during a 6 month Initial Term or any 6 month Renewal Term, Advertiser’s Termination Fee will be $3,000 ($1,500 X 2).

e.    Update; Suspension; Discontinuation. Zillow reserves the right to update, suspend or discontinue MBP Advertising and/or the terms of this Agreement at any time.    

f.    Survival. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 12, 13, 14, 15, and 16 will survive any termination of this Agreement.

9. Prohibited Uses. Advertiser will not, and will not authorize any party to:  

1. generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks, or other actions on the Zillow Sites; 
2. use any automated means of scraping or data extraction on any Zillow Site except as expressly permitted by Zillow in writing;  
3. reproduce, modify, distribute, display or otherwise provide access to, create derivative or derivative works from, decompile, disassemble, or reverse engineer any portion of MBP Advertising or MBP Technology;
4. post, display, communicate, or otherwise make accessible to any third party on or through the MBP Technology (including but not limited to an agent profile page) a seller’s or listing agent’s offer of buyer agent compensation (including an amount, percentage, or that buyer agent compensation is offered at all), irrespective of whether such offer of compensation is connected to any specific property;
5. impersonate another person, misrepresent Advertiser’s affiliation with another person or entity, or make any representation to any third party under false pretenses; 
6. upload invalid data, viruses, worms, or other software agents to the MBP Technology;
7. access or use MBP Advertising or MBP Technology to develop competitive products or services; or
8. attempt to, or permit or encourage any third party to, do any of the above.

10.   Disclaimer.  To the maximum extent permitted by applicable law, Zillow and its suppliers make no representations, warranties or conditions, express or implied. Zillow, 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, 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. Zillow disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Connection on any Zillow Site(s); (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any Connections; or (v) the adjacency or position of Connections on the Zillow Site(s). 

11.  Limitation of Liability. Advertiser agrees that under no circumstances will Zillow, its affiliates, or its licensors be liable for any consequential, special, indirect, exemplary, incidental, or punitive damages, including loss of profits, revenue, interest, goodwill, loss or corruption of data, or 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. The aggregate liability of Zillow, its affiliates, or its licensors for all claims arising out of or relating to the use of MBP Advertising, whether based in contract, tort, or otherwise, is limited to one hundred dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitation may not fully apply.

Except for payment obligations, neither party will be liable for any failure or delay in performance caused by conditions beyond its reasonable control, including but not limited to: acts of God (including flood, fire, earthquake, explosion, or other disasters); war, terrorism, riot, or civil unrest; travel warnings or advisories (including those issued by the U.S. Transportation Security Administration or Centers for Disease Control); government actions, laws, orders, embargoes, or blockades in effect on or after the effective date of this agreement; national or regional emergencies; shortages of adequate power or transportation; or labor disputes, strikes, or other industrial disturbances.

12. Changes to Terms of the Agreement and or the MBP Advertising Program. Zillow may change the terms of this Agreement at any time upon notice and without liability. For material changes to this Agreement, Zillow will give notice to Advertiser by updating the terms on the web page located at http://www.zillow.com/corp/SATerms.htm and notifying Advertiser via email, in their account, or other reasonable means. Advertiser’s continued use of MBP Advertising after receipt of such notice will be deemed acceptance of such revised terms. 

13. Indemnification. Advertiser agrees to indemnify and hold harmless Zillow and its affiliates, employees, directors, officers, members, authorized licensees, suppliers, agents from and against any third party claim or liability arising out of: (a) Advertiser’s use of MBP Advertising not in accordance with the terms of this Agreement; (b) the MBP Advertising Materials, (c) Advertiser’s violation of federal, state, or local laws, or any other regulations, or (d) Advertiser’s breach of this Agreement, the Ad Order, or any other applicable terms and conditions. Advertiser will cooperate as fully and as reasonably required in Zillow’s defense of any claim. Zillow reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Advertiser, and Advertiser shall not in any event settle any such matter without the written consent of Zillow.

14. Consent to Receipt and Recording of Communications. Advertiser agrees that Zillow, or a third party acting on behalf of Zillow, 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 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 employees may be recorded for quality control, training, and other internal business purposes. For certain Services provided by Zillow, Advertiser acknowledges that call recording may not be disabled by Advertiser.

15.  Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement (“Dispute”) will be resolved exclusively by final and binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its then existing JAMS Comprehensive Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The arbitrator, and not any federal, state, or local court or agency, will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement to arbitrate, including but not limited to any claim that all or part of this Agreement is void or voidable. Advertiser agrees that Advertiser may bring claims against Zillow on an individual basis only, and not as part of a purported class or representative action or proceeding. Further, unless both Advertiser and Zillow otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. The place of arbitration will be King County, Washington unless the parties agree upon a different location. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations. A party may apply to the arbitrator and seek injunctive relief until an arbitration award is rendered, or the dispute is otherwise resolved. A party may, without waiving any other remedy, seek from any state or federal court sitting in King County, Washington any interim or provisional relief that is necessary to protect the rights or property of that party pending the arbitrator’s appointment or decision on the merits of the dispute.  The exercise of such rights shall not be deemed incompatible with or a waiver of the right to arbitrate. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The award of the arbitrators will be accompanied by a reasoned opinion. Except as may be required by law and for disclosure in confidence to the parties’ respective attorneys, tax advisors and other similar representatives, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

16. Other Terms. 

1. Governing Law and Venue. Except as preempted by JAMS, 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. 
   
2. Costs and Attorney’s Fees. The parties agree that they will each bear their own costs and attorney’s fees related to any dispute arising under this Agreement. 
   
3. Severability.  If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
   
4. Notices.  Any notices to Zillow must be sent to Zillow Inc., 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 by email to legal@zillowgroup.com, and are deemed given upon receipt of the physical copy or confirmed response of email. 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 user interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for a message to Advertiser’s account). 
   
5. Assignment. Advertiser may not assign any of its rights hereunder and any such attempt is void. 
   
6. Retention of Materials. If this Agreement or the applicable MBP Advertising is terminated, Zillow shall not be obligated to return any materials to Advertiser.
   
7. Waiver. Zillow’s failure to enforce any right or provision of this Agreement will not be deemed a waiver of that right or provision. Any waiver by Zillow must be in writing and signed by an authorized Zillow representative. 
   
8. Entire Agreement. This Agreement, including the corresponding Ad Order(s) (if applicable), constitutes the entire and exclusive agreement between the parties with respect to the subject matter of the Agreement, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter.