Zillow Rentals Advertiser Terms of Use

Updated July 19, 2023

These Rental Advertiser Terms of Use (“Advertiser Terms”) govern the purchase and placement of rental property (each a “Property”) advertisements and listings (each, an “Ad”) and any related features, products, or services, such as instant tour scheduling, interactive floor plans, and Zillow 3D Home® tours, (together with the Ads, the “Services”) provided by Zillow, Inc. (“Zillow”) to you (“Advertiser”). Advertisers may purchase Services via phone, email, online, or other means offered by Zillow (each, a “Service Order” and together with the Advertiser Terms, the “Agreement”). By entering into a Service Order, Advertiser agrees to the Advertiser Terms, and that the Advertiser Terms (and all other terms incorporated by reference) will govern all Services listed in the Service Order. Use of the Services is also subject to the Zillow Terms of Use, Rentals Listing Quality Policy, Respectful Renting Pledge, Zillow 3D Home® Guidelines and Privacy Policy, along with any other policies published by Zillow on its websites or provided to Advertiser (collectively, “Policies”), all of which are incorporated into these Advertiser Terms by reference.

1. Eligibility; Authority. 

The individual or entity whose name is set forth in the Service Order represents and warrants to Zillow that: (i) they have the full right, power, and authority to enter into this Agreement on behalf of Advertiser and create a binding obligation on Advertiser; (ii) the execution and delivery of this Agreement has been fully authorized by Advertiser; (iii) Advertiser has not previously been terminated from using the Services for violating any agreement with Zillow; and (iv) all information provided by Advertiser is complete, accurate, and up-to-date.

2. Advertising Materials; License.

2.1. Advertising Materials. Advertiser is solely responsible for: (a) all materials submitted to Zillow for inclusion in an Ad or for use in connection with the Services, including rental listings, community information, and Property details, videos, information, URLs, contact information, photos, and floorplans whether or not created originally by Advertiser (“Advertiser Content”); and (b) all websites and content linked, or otherwise referenced, in the Advertiser Content  (the “Linked Content” and together with Advertiser Content, the “Advertiser Materials”).

2.2. License. Advertiser hereby grants Zillow a royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, store and otherwise use and exploit, all Advertiser Content, in any form through any media, software, or technology, in connection with: (a) providing Advertiser the Services; (b) distributing Advertiser Content on or in connection with the websites and other properties owned, operated, or powered by Zillow (including its affiliate brands) (the “Zillow Properties”) or through its authorized partners and licensees (together with the Zillow Properties, the “Zillow Rental Network”); (c) providing updates and communications regarding new products and services with the Property contact; and (d) using for internal evaluation, metric reporting, or to improve its products and services. Zillow makes no claim to any ownership interest in the Advertiser Content obtained from Advertiser under this Agreement, and no ownership rights will be transferred under this Agreement.

2.3. Representation and Warranties of Advertiser. Advertiser represents and warrants to Zillow that: (a) it holds all ownership rights, including all applicable intellectual property rights, in the Advertiser Content necessary to grant Zillow the license in Section 2.2 and the Advertiser Content will not violate any third party rights; (b) the Advertiser Content, and Advertiser’s use of the Services, do not violate, facilitate, or encourage violation of any applicable law, including the Fair Housing Act, Americans with Disabilities Act, and the Equal Credit Opportunity act, and Advertiser will not discriminate in the sale, rental, or financing of its Properties on the basis of any protected class under applicable laws; and (c) the Advertiser Content is not obscene, defamatory, disparaging, deceptive, profane, or indecent.

2.4. Display; Advertising Quality. Zillow will have the sole right to determine the placement and location of Advertiser Content on the Zillow Rental Network. Advertiser will provide Zillow with all Advertiser Content necessary for Zillow to provide the Services within 30 days of Advertiser’s execution of a Service Order, the addition of a new Property, or the purchase of new Services, and will continue to provide all Advertiser Content necessary to perform the Services for the duration of this Agreement. Advertiser will syndicate all available Properties to the Zillow Rental Network. Zillow will charge a Listing Quality Fee (LQF), as defined in the applicable Service Order(s), for each Property that has not been properly syndicated to the Zillow Rental Network, and for each Property listing that includes an incomplete integration. Prior to charging the LQF, Zillow will provide written notice to Advertiser describing the reason for charging the LQF. If Advertiser fails to correct the matter within 30 days of receipt of such notice, Zillow may charge Advertiser the LQF in accordance with this Section 2.4. Advertiser is responsible for promptly updating its Advertiser Content and billing contact information as necessary, including updating any Property changes regarding availability, pricing, or content. Zillow does not review all Advertiser Content prior to display, but Zillow may send notice to Advertiser, as described in Section 14 below, requiring Advertiser to resolve any issues related to the Advertiser Content, including errors in the Advertiser Content or Advertiser Content that violates this Agreement. For clarity, Zillow has the right, in its sole discretion, to remove or modify the Advertiser Materials for any reason, including format, spelling, or other matters of presentation, or if Zillow believes the Advertiser Materials violates this Agreement. Advertiser grants Zillow permission to utilize an automated software program to retrieve and analyze websites associated with the advertised Properties and Services for ad quality and service purposes.

2.5.1 License. Subject to the execution of a Service Order, Zillow hereby grants Advertiser a limited, nonexclusive, non-transferable, non-sublicensable, royalty-free, revocable license to access and use the Zillow Rental Manager Account Portal (“Account Portal”) and any associated materials provided by Zillow (“ZRM Materials”) solely for Advertiser’s internal business purposes for the Properties described in the Service Order (the “Permitted Purpose”). Advertiser may, in its sole discretion, authorize its employees and contractors to access and use Advertiser’s Account Portal and ZRM Materials in accordance with this Agreement (“Authorized Users”). Advertiser will be responsible for all acts and omissions of Authorized Users while accessing Advertiser’s Account Portal and ZRM Materials. The license in this section: (i) is subject to the limitations and obligations in this Section 2.5; and (ii) will automatically terminate in the event of any termination of this Agreement, or as terminated earlier by Zillow. Except for the limited rights expressly granted in this Agreement, Zillow retains all right, title and interest in and to the Account Portal and ZRM Materials, including all related intellectual property rights.

2.5.2 Restrictions. Advertiser will not and will not allow an Authorized User to: (a) allow access to Advertiser’s Account Portal or ZRM Materials by anyone other than Authorized Users; (b) use the Account Portal or ZRM Materials for anything other than the Permitted Purpose, including aggregating or distributing any data or information from the Account Portal or ZRM Materials to be resold or used in combination with any other data; (c) attempt to re-identify or otherwise target individuals included in the aggregate ZRM Materials; (d) reproduce, modify, distribute, display, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Account Portal, including any ZRM Materials; (e) use the Account Portal or ZRM Materials in violation of this Agreement or any Account Portal policies and guidelines provided to Advertiser by Zillow; or (f) otherwise access or use, or attempt or encourage others to access or use, the Account Portal or ZRM Materials in any manner or for any purpose not expressly permitted by this Agreement.

3. Prohibited Uses.

Advertiser will not, and will not authorize any party to: (a) provide any fraudulent or otherwise misleading listings; (b) use any Services for benchmarking or similar testing; (c) use any automated means of scraping or data extraction to collect Zillow advertising related information from the Zillow Rental Network except as expressly permitted by Zillow, in writing; (d) use any Services for the purpose of building a competitive product or service; (e) advertise anything illegal or not in compliance with the Rentals Listing Quality Policy or engage in any illegal or fraudulent business practice; (f) conduct automatic queries, including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity meant to obtain information from the Services or interfere with the performance of Advertiser’s Account Portal on the Services; or (g) commit any Prohibited Use as defined in the Zillow Terms of Use.

4. Billing.

Zillow will invoice Advertiser for the Services provided under any Service Order in accordance with such Service Order. Payment is due on a net 30-day basis from the date of the invoice. All unpaid fees are subject to the lesser of a 1% late fee per month or the maximum rate allowed under applicable law. In addition, Advertiser will pay Zillow all incurred collection agency fees and costs. In addition to its other rights under law, Zillow may cancel and remove any Ads and discontinue Services for any amounts which are not paid within 30 days of the invoice date. Any disputed amounts must be submitted to Zillow in writing within 90 days from the date of invoice. Advertiser waives the right to dispute any fees not disputed within the 90-day period. Zillow reserves the right to investigate disputed invoices received after the 90-day period. Advertiser will pay for any fees incurred by Zillow for billing through a third party requested by Advertiser. All Advertiser purchases or prepaid amounts are non-refundable; provided that if Zillow terminates any Service Order or this Agreement for convenience, Zillow will refund a pro-rata portion of any prepaid amount to Advertiser for the remaining portion of the prepaid term. Zillow may, in its sole discretion, change the price to be paid for any Services with 30 days advance notice by email. Advertiser may terminate this Agreement within 30 days of notice of any material change in pricing for any Services.

5. Product Specific Terms.

The following terms apply only to the products specified below (each, a “Core Product”). Advertiser agrees to comply with the terms and conditions applicable to each Core Product Advertiser chooses to use.

• 5.1. – Pay Per Contact;
• 5.2. – Pay Per Click;
• 5.3. – Waitlist;
• 5.4. – Pay Per Lease;
• 5.5. – Flat Fee;
• 5.6. – Packages; and
• 5.7. – LeaseUp

5.1. Pay Per Contact.

5.1.1Contacts. During each month of the Core Product Term (as defined below), Advertiser will pay Zillow the advertising charge specified in the Service Order for each Contact (“Cost per Contact”), up to the monthly max spend for each Property as defined in the Service Order (“Max Spend”). Additional Properties may be added by Advertiser at any time by providing the name and address of the property and a reference to the Service Order to Zillow at rentalpartners@zillowgroup.com or by contacting Advertiser’s Zillow sales representative directly. All additional Properties will be subject to this Agreement.

A “Contact” is: (a) a connected call lasting at least 15 seconds to a telephone number listed for the relevant Property or Advertiser through the Zillow Rental Network, including calls connected to an answering machine, interactive voice response system, or similar automated system; (b) an e-mail originating from a user (or a representative of a user) via the Zillow Rental Network to an address provided for the Property or Advertiser through the Zillow Rental Network; (c) a rental information request originating from a user (or a representative of a user) via the Zillow Rental Network through a permitted method of communication for the Property or Advertiser; or (d) any reported data from a user (or a representative of a user) of the Zillow Rental Network regarding the Property or Advertiser during an on-site engagement, including a walk-in at the property. Contacts will be de-duplicated within the month.

Unless otherwise provided in a Service Order, the Cost per Contact is consistent across all forms of Contact listed above. Advertiser will be charged the Cost per Contact for a specific user for each Property the first time the specific user inquires about the Property in each calendar month. For clarity, if a particular user inquires about a separate Property during the same calendar month, or the same property in a separate calendar month, each would be considered a separate Contact and subject to the Cost per Contact. Advertiser agrees to pay the Cost per Contact regardless of whether the Contact converts into a tenant. Advertiser understands Contacts may be generated through the Zillow Rental Network for improper purposes. Zillow has priced Pay Per Contact with this risk in mind, and Advertiser accepts this risk in purchasing Pay Per Contact.

5.1.2 Property Websites. Pay Per Contact Advertisers can choose to create a property website (“Property Website”). If Advertiser chooses to create a Property Website, Advertiser will comply with: (i) any domain registration agreement Zillow provides to Advertiser; and (ii) the Wix.com terms of use, currently located at: http://www.wix.com/about/terms-of-use, or any other website vendor terms of use, provided that Zillow will notify Advertiser of any applicable vendors. The Property Website template is and will remain the property of Zillow. Advertiser is responsible for: (a) any costs incurred by Zillow for domain name registration or hosting fees; and (b) any Contacts submitted through a Property Website, if provided as part of the Service. Any content posted on Advertiser’s Property Website will be considered Linked Content under this Agreement. Advertiser may not use a domain name that includes any Zillow trademark (including, but not limited to, Zillow and Zillow.com). Zillow may suspend an Advertiser’s use of Advertiser’s Property Website at any time. If Advertiser terminates the Pay Per Contact Services, all content on Advertiser’s Property Website will be deleted immediately and Advertiser will be responsible for any payments and additional steps required to maintain Advertiser’s domain name. Zillow will not be responsible for Advertiser’s loss of any domain name or Linked Content.

5.2. Pay Per Click. Advertisers on Pay Per Contact may choose to purchase Pay Per Click. A Link means: the hyperlink to an Advertiser or Property related site displayed or embedded in an Ad for Pay Per Click customers. During each month of the Core Product Term (as defined below), Advertiser will pay Zillow the advertising charge specified in the Service Order (“Cost per Click”) for each click on the Link, up to the Max Spend for each Property. Additional Properties may be added by Advertiser at any time by providing the name and address of the property and a reference to the Service Order to Zillow at rentalpartners@zillowgroup.com or by contacting Advertiser’s Zillow sales representative directly. All additional Properties will be subject to this Agreement. Advertiser understands clicks may be generated on the Zillow Rental Network for improper purposes. Zillow has priced Pay Per Click with this risk in mind, and Advertiser accepts this risk in purchasing Pay Per Click.

5.3. Waitlist. “Waitlist Status” means a Property will remain displayed on the Zillow Rental Network but instead of a standard contact form, users have the option to fill out a form to join a waitlist (the “Waitlist”) maintained and controlled by Zillow. During the Core Product Term, Advertiser may elect to place one or more Properties on Waitlist Status by: (i) sending at least 7 days advance notice to rentalpartners@zillowgroup.com; (ii) contacting Advertiser’s Zillow sales representative directly; or (iii) where offered, enabling waitlist using Zillow Rental Manager. Waitlist Status cannot be used for any Property with units available or advertised for rent. Zillow reserves the right to review unit availability data for any Property, for any reason, and may, in its sole discretion, place Properties on Waitlist Status based on unit availability data. The contents of the Waitlist will not be shared with Advertiser unless and until the Property is reactivated by removing it from Waitlist Status (“Reactivated”). A Property may be Reactivated: (i) by Advertiser, on at least 7 days advance notice to rentalpartners@zillowgroup.com;

or (ii) by Zillow at any time. When specified in the Service Order Advertiser will be charged a Waitlist Daily Rate for each day that a Property is in Waitlist Status. Once a Property is Reactivated, the Zillow Rental Network standard contact form will be reactivated for the Property and the contact information for any Waitlist leads in the 7 days prior to the date the property was Reactivated will be delivered and billed to Advertiser as Contacts. Zillow may choose to confirm with users who submitted a Waitlist lead in the 90 days prior to the date the Property was Reactivated that they are still interested in the Property. If a user confirms their interest in the Property, Zillow will deliver the user’s information to Advertiser as a Contact and bill accordingly.

5.4. Pay Per Lease.

5.4.1 Per Lease Payment. A “Lease” means: a lease transaction entered into between the management/owner of a Property and a tenant where: (a) the tenant (or a representative of the tenant) was a Contact during the 6 months prior to the tenant’s move-in or where the tenant or Advertiser otherwise identifies the Zillow Rental Network as tenant’s source for contacting the Property; (b) Zillow provided the first contact with the tenant for any Property received by Advertiser; and (c) tenant actually moves into an Advertiser Property. A “Reported Lease” means a Lease reported: (1) by Advertiser to Zillow through an automated tracking process; or (2) through Advertiser’s monthly New Tenant Data (as defined below) report and matched to a Contact. During the Term, Advertiser will pay Zillow the advertising charge specified in the Service Order (the “Cost per Lease”) for each Reported Lease. Additional Properties may be added by Advertiser at any time by emailing rentalpartners@zillowgroup.com or contacting Advertiser’s sales representative directly, and any additional Properties will be governed by the terms of this Agreement. Advertiser will be billed for all Reported Leases in an applicable month after the end of the month. For clarity, Advertiser will be billed for all Leases in which Zillow was the lead conversion source, including for any other Properties owned or managed by Advertiser. For the avoidance of doubt, Zillow will be deemed to have provided the first Contact with the tenant: (1) if no earlier lead source was identified in the six months prior to the tenant’s move-in date; or (2) Advertiser’s guest card records indicate Zillow is the earliest source. Zillow is not obligated to provide any additional lead conversion services.

5.4.2 Reporting Obligations.

a. Zillow Reporting to Advertiser: Advertiser will receive, at its request, real time access to Contact reporting through Zillow’s back end system. This system may provide gross contacts (i.e., non-deduped contacts that do not necessarily qualify as Contacts under this Agreement) by property and by type. Advertiser may receive, at Zillow’s discretion, emails for each Contact produced during an on-site interaction at the Property level.

b. Advertiser Reporting to Zillow: Advertiser will provide to Zillow all available guest cards and lease information available via an application programming interface (“API”) integration supported by Zillow. If an API integration is not available, Advertiser may, with Zillow’s prior written consent, alternatively provide, no later than 10 days after the end of each calendar month, a list (in Excel format) of all new tenants who have moved in since the date of the previous list (or since the date of this Agreement for the first list) for each Property with all information necessary to allow accurate matching of tenants to the Zillow Rental Network, including at least the following information for each tenant: (i) Property name; (ii) tenant name (first & last); (iii) all known tenant phone numbers (cell, home, work, etc.); (iv) all known tenant e-mail addresses; (v) lease term (start and end date); and (vi) any other relevant information reasonably requested by Zillow (the “New Tenant Data”). Zillow, upon at least 48 hours’ notice and during normal business hours, may audit, or have a third-party audit on Zillow’s behalf, Advertiser’s records to confirm Contacts and Leases at Zillow’s expense. For any audit that reveals Advertiser has underpaid, Advertiser will promptly pay Zillow: (a) the amount of the underpayment; (b) the reasonable cost of the audit; and (c) an additional 10% of the amount of underpayment to Zillow as a late fee. Advertiser agrees to use good faith efforts to verify Contacts and Leases, and to dedicate appropriate business and technical resources to the verification process. For disputes related to or in connection with guest card and lease reporting, upon request by Zillow, Advertiser will provide Zillow with sufficient details to validate such dispute, including but not limited to providing Zillow access to supporting APIs.

5.5. Flat Fee. As a Flat Fee customer, Advertiser will be billed each calendar month based on the total number of Properties active during the previous calendar month multiplied by the Monthly Fee per Property stated in the Service Order (the “Flat Fee Rate”).

5.6. Packages. As a Packages customer, Advertiser will be billed each calendar month a fixed fee based on the Package level described in the Service Order.

6. Additional Products.

The following terms apply only to the products described in this Section 6 (each an “Additional Product”). Advertiser agrees to comply with the terms and conditions applicable to each Additional Product Advertiser chooses to use.

6.1. Additional Product Eligibility. To purchase any Additional Product, Advertiser must have an active Service Order for a Core Product for the same Property, unless Zillow, in its sole discretion, allows otherwise.

6.2. Boost and Boost Precision Targeting.

6.2.1 Boost. For Advertisers that purchase Boost, during the Additional Product Term (as defined below), Zillow will display an Ad for each Property listed in the Service Order on the Zillow Rental Network (a “Boost Ad”).

6.2.2 Boost Precision Targeting. For Advertisers that purchase Boost Precision Targeting during the Additional Product Term, Zillow will display Boost Ads and rental property advertisements for each Property listed in the Service Order on the Facebook® website and related Facebook application (the “Facebook Sites”) and (if also purchased) the Instagram® website and related Instagram application (the “Instagram Sites”) and together with the Facebook Related Sites (the “Facebook Owned Sites”), a “Boost Precision Targeting Ad.” Zillow makes no representations about the manner in which the impressions are distributed among the Boost Ads and Boost Precision Targeting Ads purchased in connection with the Boost Precision Targeting product.

6.2.3 Facebook Owned Site Terms. By purchasing Boost Precision Targeting Ads, Advertiser agrees to comply with: (a) Facebook’s Statement of Rights and Responsibilities, currently located at http://www.facebook.com/legal/terms; (b) the Instagram Community Guidelines, currently located at https://help.instagram.com/477434105621119/; and (c) all other Facebook policies and guidelines applicable to Facebook Owned Sites Ads including the Facebook Advertiser Policies, currently located at https://www.facebook.com/policies/ads/ and the Facebook Community Standards, currently located at https://www.facebook.com/communitystandards. Either Facebook or Zillow may limit or prohibit Advertiser from purchasing Boost Precision Targeting Ads at any time and for any reason. Facebook is made a third-party beneficiary of this Section 6.2.3 and will have the right to enforce its terms against Advertiser.

6.2.4 Facebook User Data Policy. “Facebook User Data” means any information about a Facebook user (“Facebook User”) that clicks on an Advertiser Boost Precision Targeting Ad. Advertiser may not transfer, sell, lease, syndicate, or otherwise sublicense, distribute, modify, duplicate, create derivative works, or use any Facebook User Data in any manner or for any purpose, for its own or a third party’s benefit without Zillow’s prior written consent. Advertiser will not use Facebook User Data whether in aggregate or non-aggregate for: (a) external reporting, research, advertising, or retargeting on the Facebook Owned Sites or any third party sites; (b) enhancing or creating new custom audiences on Facebook Owned Sites; or (c) optimizing its products or services for the benefit of third parties. Advertiser will not, nor allow any third party to, aggregate Facebook User Data into databases or engage in any other process that would result in the collection or organization of Facebook User Data to, or in an effort to, identify any Facebook User.

6.2.5 Display. The Boost Ads and Boost Precision Targeting Ads will be displayed for the Properties set forth in the Service Order, in the locations determined by Zillow or Facebook, as applicable, in their sole discretion. In general: (i) the Boost Ads will be displayed on search results pages for areas located in, and within close proximity to, the ZIP code and city in which the applicable Property is located, or on other pages on the Zillow Sites or the Zillow Rental Network served to users who have visited pages for those ZIP codes; and (ii) the Boost Precision Targeting Ads will be displayed on the Facebook Owned Sites based on the relevant Facebook user’s activity on the Zillow Rental Network. The order process may include a prediction of how many times the Boost Ads and Boost Precision Targeting Ads will be viewed during a given period; however, Zillow cannot guarantee a number of views for Boost Ads or Boost Precision Targeting Ads. Advertiser understands that users of the Zillow Rental Network or the Facebook Owned Sites may generate views, impressions, or clicks on the Boost Ads or Boost Precision Targeting Ads for improper purposes. Zillow has priced the Boost Ads and Boost Precision Targeting Ads with this risk in mind, and Advertiser accepts this risk in purchasing the Boost Ads and Boost Precision Targeting Ads. If a Service Order guarantees an aggregate number of impressions and the corresponding Boost Ad or Boost Precision Targeting Ad does not receive the guaranteed number of impressions during the relevant period, Advertiser’s sole remedy will be for Advertiser to request in writing (email is sufficient) that Zillow: (i) provide the outstanding impressions following the end of the relevant period if Advertiser paid for the impressions upfront; or (ii) only charge Advertiser for the impressions delivered if Advertiser is paying for impressions in arrears.

7. Term and Termination.

7.1. Term. The initial term for any Services will commence upon the later of (a) the Service Order date or (b) Advertiser’s activation of Ads on the Zillow Rental Network (the “Effective Date”) and will continue for the term set forth in the Service Order (the “Initial Term”). Except as specifically provided below or otherwise indicated in the Service Order, the Service Order is non-cancellable by Advertiser during the Initial Term. Notwithstanding any other provision of these Advertiser Terms, Zillow may terminate any Service Order or this Agreement at any time (including during the Initial Term) for any reason immediately upon notice.

7.1.1 Product Specific Term and Termination. For all Core Products, upon expiration of the Initial Term unless otherwise canceled by Advertiser upon 90 days’ notice, each Service Order will automatically renew for successive 3-month terms (each, a “Core Product Renewal Term” and together with the Initial Term, the “Core Product Term”), until the Service Order is canceled by Advertiser upon 90 days’ notice or unless otherwise specified in the applicable Service Order(s). For all Additional Products upon expiration of the Initial Term, each Service Order will automatically renew for successive 1-month terms (each, an “Additional Product Renewal Term” and together with the Initial Term, the “Additional Product Term”), until the Service Order is canceled by Advertiser upon 30 days’ prior notice. Any cancellation by Advertiser will be effective at the end of the applicable notice period (the “Advertiser Cancellation Effective Date”). Advertiser may notify Zillow of its desire to terminate via phone call or email to Advertiser’s sales representative, receipt of which will be confirmed by Zillow by email. Zillow may, in its sole discretion, review and confirm a cancellation made by an agent of Advertiser prior to accepting such cancellation request.

7.1.2 Early Cancellation Fee for Property Website Termination. If Advertiser terminates a Property Website prior to the expiration of the Initial Term, Advertiser will pay Zillow an early cancellation fee for each canceled Property Website equal to the lesser of: (a) $500 (U.S.); or (b) the total amount of the remaining payments for the Initial Term. Upon receiving such early cancellation fee, Zillow waives its rights to receipt of future payments for the terminated Property Website.

7.2. Change in Ownership. Notwithstanding Section 7.1, Advertiser may terminate a Service Order with respect to a certain Property, upon 30 days’ prior notice by email to Advertiser’s sales representative, with sufficient documentation, as determined by Zillow, that the Property has undergone or will undergo either: (i) a change in control of ownership; or (ii) a change in property management company.

7.3. Effect of Termination. Upon termination of a Service Order, all outstanding amounts owed by Advertiser (including any fees related to Services during the termination notice period) will automatically become due 10 days after the Advertiser Cancellation Effective Date, including any fees due under Section 7.1.2.

7.4. Survival. Zillow reserves the right to update, suspend or discontinue any Services at any time. Sections 1, 2, 3, 5, 8, 9, 10, 11, 12, 13, 14, and 15 will survive any termination of this Agreement.

8. Confidentiality.

“Confidential Information” means information about Zillow’s business or activities that is proprietary and confidential including, without limitation: (i) any nonpublic information Advertiser may receive from Zillow (including any customer, user or other advertiser data, nonpublic features, or performance-related information); and (ii) all business, financial, technical, strategic, and other information of Zillow, which, by its nature or due to the circumstances surrounding its disclosure, ought in good faith to be treated as confidential. If Advertiser receives any Confidential Information from Zillow in connection with this Agreement, Advertiser agrees: (a) to hold the Confidential Information in strictest confidence and not to, directly or indirectly, copy, reproduce, distribute, manufacture, duplicate, reveal, report, publish, disclose, cause to be disclosed, or otherwise transfer the Confidential Information to any third party; (b) not utilize the Confidential Information for any purpose whatsoever other than as permitted under this Agreement; and (c) protect the Confidential Information from disclosure to others, using the same degree of care Advertiser uses to protect its own confidential or proprietary information of similar importance, but in any case using no less than a reasonable degree of care. Confidential Information does not include information that: (w) was lawfully in Advertiser’s possession from a source other than Zillow before receipt from Zillow; (x) is or became available to the public through no action or inaction of Advertiser; (y) was obtained in good faith by Advertiser without confidentiality obligations from a third party who was lawfully in possession of the information; or (z) was independently developed by Advertiser, without reference to any Confidential Information received hereunder as documented by Advertiser’s records.

Advertiser may disclose Confidential Information in response to a valid order by a court or other governmental body or a duly issued subpoena, provided that Advertiser provides Zillow written notice prior to disclosure, unless prohibited by law. Following termination of this Agreement, Advertiser will promptly return or destroy any Confidential Information received by Advertiser and will certify such destruction or return to Zillow upon request.

9. Changes to these Advertiser Terms or the Services.

Zillow may change these Advertiser Terms at any time in its sole discretion upon notice to Advertiser. Any changes take effect on the later of: (a) the “Last Updated Date” referenced above; and (b) 30 days after notice is provided to Advertiser (notice by email or posting in the Advertiser dashboard will be deemed sufficient) (“Notice of Update”). Advertiser should review these Advertiser Terms prior to purchasing any Services from Zillow and any renewal. If the changes to these Advertiser Terms materially change Advertiser’s rights or obligations, Advertiser may terminate this Agreement upon 30 days’ notice to Zillow. Advertiser’s continued use of the Services after the Notice of Update will constitute Advertiser’s acceptance of and agreement to such changes. Zillow further reserves the right to change or discontinue providing the Services or any portion of the Services at any time without liability to Advertiser.

10. Disclaimer and Limitation of Liability.

ZILLOW PROVIDES THE SERVICES AND ZILLOW RENTAL NETWORK “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 AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING: (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ADVERTISER FROM ZILLOW OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY ZILLOW ENTITY OR ITS REPRESENTATIVES THAT IS NOT EXPRESSLY STATED IN THESE ADVERTISER TERMS. WITHOUT LIMITATION, ZILLOW DISCLAIMS ALL GUARANTEES REGARDING POSITIONING, LEVELS, QUALITY, OR TIMING OF: (I) AVAILABILITY AND DELIVERY OF ANY IMPRESSIONS OR ADVERTISER MATERIALS ON THE ZILLOW RENTAL NETWORK; (II) CLICK THROUGH RATE; (III) TOTAL NUMBER OF CLICK THROUGHS; (IV) CONVERSIONS OR OTHER RESULTS FOR ANY ADS; OR (V) THE ADJACENCY OR POSITION OF ADS ON THE ZILLOW RENTAL NETWORK.

UNDER NO CIRCUMSTANCES WILL ZILLOW OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (EVEN IF ZILLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO ANY ASPECT OF THE SERVICES OR ANY USE OR MISUSE OF THE ZILLOW RENTAL NETWORK, WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE SERVICES OR THE ZILLOW RENTAL NETWORK, FROM INABILITY TO ACCESS THE ZILLOW RENTAL NETWORK OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE SERVICES OR ZILLOW RENTAL NETWORK. THIS LIMITATION ALSO APPLIES TO ANY DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH, OR ADVERTISED IN CONNECTION WITH, THE ZILLOW RENTAL NETWORK, OR ANY LINKS ON THE ZILLOW RENTAL NETWORK. ZILLOW WILL NOT BE LIABLE TO ADVERTISER FOR ANY UNAUTHORIZED USE OF THE ADVERTISED PROPERTIES AND SERVICES BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED REPRODUCTION AND OR TAMPERING BY NETWORK HACKERS. ZILLOW’S (AND ITS AFFILIATES) AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT RECEIVED BY ZILLOW FROM ADVERTISER DURING THE PRIOR 12 MONTH PERIOD PRIOR TO THE EVENT OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS. THE LIMITATIONS IN THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Indemnification.

Advertiser agrees to indemnify, defend, and hold harmless Zillow, its affiliates, and their respective officers, affiliates, successors, assigns, directors, officers, employees, agents, service providers, authorized licensees, licensors, and suppliers from any third party claim or liability relating to or arising out of: (i) Advertiser Materials; (ii) Advertiser’s Properties or use of the Services; (iii) Advertiser’s violation of any applicable laws; (iv) Advertiser’s breach of this Agreement, including the Policies and the Facebook Standard Terms; (v) Advertiser’s willful misconduct; and (vi) any other party’s access to or use of the Services using Advertiser’s account and password. 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 in that case, Advertiser agrees to cooperate with Zillow’s defense of that claim

12. Third Party Providers. 

The Services include links to third-party products, services, and web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your Advertiser Materials to third parties not under Zillow’s control (each, a "Third-Party Provider"). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of Advertiser Materials to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use, privacy policies, or other agreements, which you are solely responsible for complying with. Zillow does not endorse, and takes no responsibility for such products, services, web sites, and materials, or a Third-Party Provider’s use of your Advertiser Materials.

13. Consent to Electronic Communications.

By using the Services, Advertiser agrees that Zillow may call and/or send text messages to the telephone number(s) provided by Advertiser, including calls and text messages using an automatic telephone dialing system and/or an artificial or prerecorded voice, and such communications may be routed through a third-party service (“Communications Service”). The Communication Service provides users a proxy telephone number on the Zillow Rental Network in order for users to contact Advertisers. Calls and text messages using the Communication Services may be recorded or monitored for lead tracking, quality assurance, and customer service purposes. Advertiser consents to such recording and monitoring by Zillow or the Communications Service. As part of this process, Zillow and the Communications Service will receive in real time, and store, data about each call or text message, including the date and time of the call or text message and your name and contact information, such as phone number and email address. This information is subject to the Zillow Privacy Policy. Calls using the Communication Services will be stored in Advertiser's Account Portal. Advertiser will limit access to call recordings to those persons who are authorized to be on the receiving end of the recorded telephone calls (the “Call Receivers”) and others requiring access as part of their job. Advertiser is solely responsible for ensuring that all Call Receivers have been notified that Advertiser is utilizing a Communications Service and that all Call Receivers have given legally sufficient consent to have their voice, identity and call content recorded, monitored, stored, and divulged. Advertiser represents and warrants that it will: (a) use Communications Services in compliance with federal, state and local laws; (b) not collect any highly personal information through the Communication Services, including but not limited to, bank account information, payment card information, or social security numbers; and (c) defend, indemnify, and hold harmless Zillow and the Communications Service from any and all claims, liability, and damages that arise from, or relate to, use or misuse by Advertiser of Communications Services except to the extent such claims arise from the negligence or misconduct of Zillow.

14. Third Party Vendors

Except for a requirement to provide a W-9, Zillow will not be required to meet any Advertiser vendor compliance requirements, including entering into any vendor services or similar agreement.

15. Miscellaneous.

Capitalized terms used but not defined in the Advertiser Terms are defined in the Service Order(s). This Agreement is governed by the laws of the State of Washington, without regard to conflict of laws provisions. Each party agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Seattle, Washington for any actions arising under or related to this Agreement. This Agreement may be executed by electronic signature. This Agreement, including the corresponding Service 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 related to the subject matter. Notice to Advertiser may by email to the email address specified in Advertiser’s account, or by posting a message to Advertiser’s account interface, and will be deemed received when sent (for email) or no more than 15 days after posted (for a message). Advertiser may grant approvals, permissions, extensions, and consents by email, but any modifications by Advertiser to this Agreement must be executed in writing by both parties. Zillow’s failure to act with respect to a breach does not waive its right to act with respect to subsequent breaches. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and all remaining provisions of this Agreement will continue in full effect. Advertiser may not assign any of its rights hereunder and any such attempt is void. Zillow and Advertiser are independent contractors, not legal partners or agents. In the event that this Agreement or the applicable Ads program is terminated, Zillow will not be obligated to return any Advertiser Content.