IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 9 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH ZILLOW ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
These Flex Job Board Terms of Use (the “Agreement”), offered by Zillow Inc. (“Zillow”), applies to all persons and entities who visit, use, or access (“Users” or “You”) the Zillow Flex Job Board (“Job Board”) online and/or mobile services and websites to utilize its job seeking functionality (“Services”). By accessing or using the Services, you signify that you have read, understood and agree to be bound by the terms and conditions of this Agreement, whether or not you are a registered user, partner, or customer of the Services. If you are accepting on behalf of your brokerage, employer, or another entity, you represent and warrant that you have full legal authority to enter into this Agreement on behalf of such party and are able to bind such party to the terms and conditions of this Agreement. Users shall also comply with the Zillow Terms of Use, Privacy Policy, Good Neighbor Policy and any 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 or conflict between a term in this Agreement and a term in the Policies, the term in this Agreement will always prevail and govern. Zillow reserves the right to refuse any job posting and/or discontinue the Services at any time. Please refer to our Privacy Policy for information regarding how we collect, process, share and store any personal data.
Users that take advantage of the Services to search for prospective agents and/or post and/or distribute job openings ("Job Advertisements"), on behalf of themselves and/or a third party are also referred to in this Agreement as a "Client". If you use the Services to upload your resumé or CV, or to search for or apply to Job Advertisements, we refer to you as a "Applicant". You must be 1. at least eighteen (18) years of age and 2. located in the United States, in order to utilize the Services. You may not use the Services if your use of the Services has been previously terminated or suspended by Zillow, or you’ve been removed from the Zillow Flex program, unless we have provided you with specific written authorization to re-use the Services.
1. LICENSE GRANT
By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to Zillow, a royalty-free, sublicensable, perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use on or in connection with the Services or usage across any other properties that are owned, operated, or powered by Zillow, or by its authorized licensees. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize the Zillow and other users to access and use your User Materials as necessary to exercise the licenses granted by you under this Agreement. This license continues even if you stop using the Services. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by Zillow to identify you as Users in any promotional and marketing materials to promote Zillow and the Services. You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Services, that the use by Zillow of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.
2. USE OF THE SERVICES
By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity, or legality of content provided by Applicants or Clients on or off the platform.
A. General Rules for Use of Services
By accessing or utilizing our Services, you agree to refrain from engaging in any of the following prohibited activities:
B. User Accounts
You represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You understand that even if you notify us, you will be solely responsible for all activities that occur under your account. We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement.
Zillow may, without prior notice, change any aspect of the Services, stop providing the Services/features of the Services, suspend or terminate your account and/or your access to the Services, or any portion of the Services at any time without notice to you, for any reason, including if in our sole discretion we determine that you have violated the terms of this Agreement. Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.
C. Code Of Conduct
Zillow believes that all people deserve to be treated equally and with respect, regardless of their race, ethnicity, nationality, class, religion, belief, sex, language, sexual orientation, gender identity, age, health or other status. Zillow chooses to work with professionals who both share these values and embody them in their interactions with consumers, Zillow employees, and other professionals. In the event Zillow determines that User is not upholding these values, Zillow may take action to ensure the integrity of the services, including terminating User’s participation in the Flex Program. Zillow may also terminate User’s participation in the Program in the event User is charged with or convicted of a crime, or Zillow otherwise believes User’s participation on the Zillow platform could harm the reputation and/or good standing of the services offered by Zillow.
D. Posting or Viewing User Content
The Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job Advertisements, screening requirements, screening questions, screening criteria, company information, application information, content of messages, resumes/CVs, logos, trademarks, comments, questions, and other content or information ("User Content"). User Content is the sole responsibility of the person or entity that provided the User Content. You agree to comply with all applicable laws, regulations and ordinances in the use of the Services and the conduct of your activities. You further agree that Zillow is not responsible for the content of any Client’s Job Advertisement, and that Zillow does not guarantee receipt or review of any Applicant’s application by any Client.
E. User Interactions and Assumption of Risk
You understand and agree that Zillow does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Applicants, employers, staffing agencies, and recruiters. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release Zillow, its subsidiaries, and their respective employees, directors and agents from all claims, demands, and damages of every kind (actual and consequential, and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law. The Services may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by Zillow (collectively, "Third-Party(ies)"). Zillow does not endorse or assume any responsibility for any such Third-Party sites, information, materials, products, or services. If you access a Third-Party website from the Services or use a Third-Party service, you do so at your own risk, and you understand that this Agreement and the Zillow Privacy Policy do not apply to your use of such Third-Party sites or services. Zillow, is not responsible for any and all applicant screening, review, and hiring decisions that are conducted or made.
3. PROPRIETARY RIGHTS
As long as you comply with the terms of this Agreement, Zillow grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services. If using the Services on behalf of a brokerage, you represent and warrant that you have obtained all required authorizations and consents to utilize and/or post on the Job Board. Except as expressly stated herein, this Agreement does not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.
You agree that Zillow transfers no ownership or intellectual property interest or title in and to the Services or any materials used in connection with the Services (the, "Zillow Content"). All such Zillow Content as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services (except for Feedback) are exclusively owned, controlled, and/or licensed by Zillow or its members, parent(s) licensors, or affiliates. Zillow, the Zillow logo, and all other marks are proprietary trademarks of Zillow and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior written permission of Zillow is hereby strictly prohibited. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Zillow Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
4. APPLICANTS
By applying to a Job Advertisement on the Services, you give us permission to store your information on the Services and to share your information (including, if applicable, your resume/CV), with the Client. You can choose how to submit your Job Application using the options offered through the Services. Once you submit a Job Application, your resume and other applicable application information may be shared with the entity that posted the Job Advertisement.
If you apply for a Job with Client using the Services, you accept that Zillow does not guarantee that the recipient entity will receive, access, view, or respond to your requests or Job Applications, or that the transmission of data will be error-free. The decision of who to interview and whether to proceed with interviews or offers is decided solely by the Client, and Zillow does not warrant that any Applicant is qualified or meets the Client’s criteria. Any screener questions provided by the entity posting a Job Advertisement are entirely in the control of that entity and if you require alternate screener questions or application process, you must contact the applicable entity directly.
By applying to a Job Advertisement on the Services, you understand that such Job Advertisement is for formal employment and/or engagement with a third-party real estate brokerage, not Zillow. Further, you understand that participation in the Zillow Flex program is upon invitation only, and subject to the terms contained in your Flex agent contract, including adherence to the Flex Performance Standards. Zillow reserves the right to reject your Flex participation in its sole discretion. Zillow is not involved in and has no knowledge of the recruiting or hiring process for any Client, and is not able to provide you with any information regarding your candidacy or application status once it is submitted. If you have questions about your application or its status, you may reach out to Client directly.
5. CLIENTS
As a Client, you may be able to use the Services to (i) advertise job openings to prospective employees or candidates, (ii) view resumes, profiles, information related to an Applicant, (iii) post and/or distribute Job Advertisements on behalf of yourself and/or a third party, and/or (iv) connect directly with Applicants through through the Services. Any posting of Job Advertisements or interactions with Applicants through the Services shall happen only by a User authorized to use the Job Board. Further, you understand that participation in the Zillow Flex program is upon invitation only, and subject to the terms contained in your Flex agent contract, including adherence to the Flex Performance Standards. By posting a Job Advertisement on the Services, you understand that such Job Advertisement is for the sole purpose of seeking employment and or engagement by third-party real estate agent, not any employee, contractor, or personnel associated with Zillow. Zillow reserves the right to update the Services at any time, with new and/or modified functionality.
A. Content Rules
With respect to all Job Advertisements that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you agree that Zillow is not responsible for the content of your Job Advertisements. You further agree that you are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act (FCRA) and similar laws, Title VII of the Civil Rights Act of 1964 and any similar anti-discrimination laws, the Age Discrimination in Employment Act (ADEA), the Americans with Disability Act (ADA) (including offering alternative methods of screening, if required by the ADA or any similar law), minimum wage requirements, any applicable data protection or privacy laws, any state or local pay transparency laws, and any other law. You agree that your Job Advertisements will not require candidates to disclose personal demographic data (such as sex, gender, age, race, veteran status, or other such categories), except to the extent required by applicable law. You understand that Zillow will not ask or require Applicants to disclose such demographic data. You also agree that you are responsible for ensuring that your selection criteria are job-related, that you do not pose disability-related inquiries or medical inquiries in violation of the law, and that you do not screen out Applicants with disabilities or members of any protected categories under the law.
In addition to the foregoing, you represent and warrant that (i) you have the necessary rights to permit the publication and use of Job Advertisements by Zillow pursuant to this Agreement; (ii) the use, reproduction, distribution or transmission of Job Advertisements will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, defamation, any other right of any person or entity; and (iii) the content of Job Advertisements shall comply with the then-current versions of this Agreement). You understand and agree that you are solely responsible for any liability arising out of publication of Job Advertisements or material to which users can link though such Job Advertisements. Zillow shall have the right to:
You agree not to post or promote any Job Advertisements that: (i) contain inaccurate, false, or misleading information; (ii) contain "hidden" keywords or keywords that are irrelevant to the job opportunity being presented; (iii) sell, promote or advertise products or services; (iv) violates any applicable law, rules, or regulations (xiv) contain links to any site competitive with Zillow other than to an actual job posting; (xv), in Zillow’s sole judgement and discretion, consider illegal, offensive or objectionable including without limitation content that harasses, discriminates, demeans, threatens or disparages, directly or indirectly, any individual or class of individuals.
Job Advertisements may be required to follow a template. When posting a Job Advertisement, Client must provide their brokerages name, phone number, and other information as may be required from time to time. In filling out any job posting template, Client adopts the template as its own and is responsible for making it true, appropriate, and compliant with all applicable laws. Job posting templates are provided without warranty and are subject to change. Clients may be required to provide additional information, to be utilized by Zillow solely for analytics/product improvement purposes. In such event, Client assigns all rights to such information and/or feedback to Zillow.
6. INDEMNITY
Users shall indemnify and hold harmless Zillow and its affiliates, employees, directors, officers, members, managers or agents (each, an “Indemnified Party”) from and against any and all losses, claims, demands, liabilities, costs, damages, and expenses (including reasonable attorneys’ fees and costs) incurred by the Indemnified Party as a result of or otherwise in connection with any first or third party claim or legal proceeding (including by a government authority) to the extent arising from: (i) User’s negligence, willful misconduct, fraud, or misrepresentation or in connection with its performance under this Agreement; (ii) User’s breach of any of the representations, warranties, terms, or covenants set forth in this Agreement; (iii) User’s violation of any applicable law, rule, policy, or regulation, including any state or local pay transparency laws; (iv) User’s usage of and access to the Services, including any data or content transmitted within and (v) any allegation that use of the Services infringes or misappropriates any third party’s rights, including intellectual property rights. Zillow shall give prompt notice of a claim to the User once Zillow becomes aware of a claim. Zillow will have sole control over the defense and settlement of any claim and Users will provide Zillow with reasonable assistance. User will have the right to participate in the defense at its own expense.
7. NO WARRANTY
USERS AGREE THAT USE OF THE SERVICES ARE ENTIRELY AT THEIR OWN RISK; AS PART OF THIS ASSUMPTION OF RISK, USER ACKNOWLEDGES AND AGREE THAT USER IS SOLELY RESPONSIBLE FOR EVALUATING THE LEGITIMACY AND ACCURACY OF ANY MATERIALS PROVIDED TO ZILLOW. ZILLOW DOES NOT WARRANT THAT ANY APPLICANT IS QUALIFIED, MEETS THE CRITERIA THE CLIENT SETS, OR THAT THE INFORMATION PROVIDED BY APPLICANT IS ACCURATE. THE SERVICES ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. ZILLOW DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. TO THE FULLEST EXTENT PERMITTED BY LAW, ZILLOW DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, PERFORMANCE OR RESULTS OF THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO ADVERTISER. TO THE FULLEST EXTENT PERMITTED BY LAW, ZILLOW DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND INDEMNITIES CONTAINED IN THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
8. LIMITATION OF LIABILITY
USERS AGREE THAT UNDER NO CIRCUMSTANCES WILL ZILLOW BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZILLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF ADVERTISER’S USE OF THE SERVICES OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ZILLOW NETWORK OR SERVICES, FROM INABILITY TO ACCESS THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS ON THE ZILLOW NETWORK. ZILLOW SHALL NOT BE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF THE ADVERTISING MATERIALS BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED REPRODUCTION AND/OR TAMPERING BY NETWORK "HACKERS." ZILLOW’S LIABILITY FOR DAMAGES RESULTING FROM THE PROVISION OF THE SERVICES OR USERS ACTIVITIES ON THE SITE SHALL BE LIMITED TO LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO ZILLOW FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (2) $100. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. ZILLOW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR THE SERVICES ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ZILLOW WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ZILLOW DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
9. DISPUTE RESOLUTION
Binding Arbitration. If you reside in the United States, you and Zillow agree to resolve any claims relating to these this Agreement or the Services (collectively, “Disputes”) through final and binding arbitration, except as otherwise specifically provided herein.
Waiver of Class Action. You acknowledge and agree that you and Zillow are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you 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. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.) If the FAA and AAA Rules are found not to apply to any Dispute hereunder, or the enforcement thereof, then that issue shall be resolved under the laws of the State of Washington without giving effect without giving effect to its conflict of laws provisions.
Notice; Informal Dispute Resolution. A party who intends to seek arbitration must first send written notice to the other party by certified mail. Notice to Zillow, should be sent to 1301 Second Ave., Floor 31, Seattle, WA 98101, with a copy to the Legal Department. Your notice must include (a) your name, postal address, telephone number, email address, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Zillow’s notice to you will be sent electronically to the email address Zillow has on file associated with your Zillow account, and will include (a) our name, postal address, telephone number and an email address at which Zillow can be contacted with respect to the Dispute, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that Zillow is seeking.
If you and Zillow cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Zillow may, as appropriate and in accordance with this Agreement, commence an arbitration proceeding.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Washington and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules
Arbitration Location and Procedure. Unless you and Zillow otherwise agree, the arbitration will be conducted in King County, Washington and the state and federal courts located in King County, Washington shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
If the Dispute does not exceed $10,000, you or Zillow may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Zillow subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Zillow may attend by telephone, unless the arbitrator requires otherwise. If the Dispute exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Liability Limitation; Exclusive Remedy” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party shall be entitled to an award of reasonable attorney fees.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the provisions of the “Changes; Discontinuance” section, if Zillow changes this “Dispute Resolution” section after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Zillow’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will resolve any Dispute between you and Zillow in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement).
Exceptions to Agreement to Arbitrate. Either party may bring a lawsuit solely for injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in King County, Washington to resolve your claim.
10. GENERAL
A. Governing Law and Location
These Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for all disputes, claims, and actions arising from or in connection with the Services or otherwise under these Terms of Use. The Zillow Companies operate the Services from our offices in Washington, and we make no representation that the Services are appropriate or available for use in other locations.
B. Relationship of the Parties
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. Users represent that they are not in any way affiliated with Zillow. By using the Services, Users agree that Zillow is not procuring employees, contractors, or other workers for Clients, or procuring opportunities to work for Applicants, and that Zillow is not acting as an employment agency by offering the Services.
C. Misc
You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise waive breach by you or others, does not waive our right to act with respect to subsequent or similar breaches. This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the prior written consent of Zillow. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and the Policies, constitute the entire agreement between you and the Zillow Companies with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and the Zillow Companies with respect to the Services. The following sections of these Terms of Use shall survive any termination of the Agreement: 1,2,4,5,6,7,8,9,10.
