Zillow Single Family Rentals Terms of Use
Updated October 1, 2021
These Single Family Rentals 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 services for any properties with fewer than 50 units (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, Zillow Advertising Content and Image Guidelines, Respectful Renting Pledge and Zillow Privacy Policy, along with any other Services 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 Materials (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 sublicenseable 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; and (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”). Zillow makes no claim to any ownership interest in the Advertiser Content obtained from Provider 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; (c) the Advertiser Content is not obscene, defamatory, disparaging, deceptive, profane, or indecent; (d) the Advertiser Content contains only legitimate residential rental listings and accurate related details; and (e) if Advertiser is providing the Advertiser Content on behalf of a third party, that (x) Advertiser has such third party’s permission to provide that third party’s content as Advertiser Content to Zillow pursuant to this Agreement; (y) the rights Advertiser grants under this Agreement do not violate any contracts to which it is a party; and (z) Advertiser will require each third party to comply with all the terms and conditions set forth in this Agreement.
2.4. Display; Advertising Quality. Zillow will have the sole right to determine the placement and location of all or any portion of the 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 rental 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 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 12 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 Content 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.
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 Zillow Advertising Content and Image Guidelines 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 Rental Inform (as described below) 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 active Service Order following the completion of each calendar month. Payment is due on a net 30-day basis from the date of 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. 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 10 days advance notice by email, and changes will take effect for Advertiser at the beginning of any Renewal Term (as defined below). For clarity, Zillow will not increase pricing for existing Services more than once per calendar quarter.
5. Product Specific Terms.
The following terms apply only to the specific portions of the Service specified below (each a “Product”). Advertiser agrees to comply with the terms and conditions specific to any services that Advertiser chooses to use.
5.1 Daily Listings. As a Daily Listings customer, Advertiser will be billed each month for each listing based on the number of days the listing was active on the Zillow Rental Network during the month multiplied by the daily fee per listing stated in the Service Order (the “Daily Rate”). For clarity; (a) a listing will be considered active beginning the calendar day it is live on the Zillow Rental Network until the calendar day that Advertiser indicates the unit is no longer active through its listing feed with Zillow; and (b) in the event of a Property that contains two or more units, each unit will be considered a separate listing. All listings available to the Zillow Rental Network through the listing feed will be considered active once live on the Zillow Rental Network, and for as long as said listings are available through the feed.
5.2 Flat Fee. As a Flat Fee customer, Advertiser will be billed each calendar month on a per property or overall Flat Fee basis as stated in the Service Order.
5.3 Boost and Boost Precision Targeting. In order to purchase Boost Ads or Boost PT Ads, Advertiser must be a single family customer with at least one active listing, unless Zillow, in its sole discretion, allows otherwise.
5.3.1 Boost Ads. For Advertisers that purchase the standard Boost product, during the Term, Zillow will display a rental advertisement for the Advertiser on the Zillow Rental Network (a “Boost Ad”).
5.3.2 BoostPT Ads. For Advertisers that purchase the Boost Precision Targeting product in connection with Advertiser’s standard Boost product, during the Term, Zillow will display a rental advertisement for the Advertiser 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 “BoostPT Ad”). Zillow makes no representations about the manner in which the impressions are distributed among the Boost Ads purchased in connection with such BoostPT Ads.
5.3.3 Facebook Owned Site Terms. By purchasing BoostPT Ads, Advertiser agrees to comply with: (a) Facebook’s Statement of Rights and Responsibilities, located at http://www.facebook.com/legal/terms; (b) the Instagram Community Guidelines, 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 BoostPT Ads at any time and for any reason. Facebook is made a third-party beneficiary of this Section 5.3.3 and will have the right to enforce its terms against Advertiser.
5.3.4 Zillow Data Policy. Advertiser may not transfer, sell, lease, syndicate, or otherwise sublicense, 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. For the avoidance of doubt and by way of example, Advertiser will not use the Facebook User Data (as defined below, and whether in an aggregated or non-aggregated form) 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; (c) optimizing its products or services for the benefit of third parties. “Facebook User Data” means any information about a Facebook user (“Facebook User”) that clicks on an Advertiser Precision Targeting Ad. 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. Further, Advertiser will not: (a) aggregate any data it collects or receives from Zillow, including but not limited to Facebook User Data; (b) resell or otherwise distribute any Facebook User Data; (c) use any data provided by Zillow to compete, or allow others to compete, with Zillow’s advertising services (including, by way of example and not limitation, by claiming to provide data that identifies Zillow users or users that “look like,” or by sharing characteristics of users of the Services, without necessarily tagging them on the Zillow Rental Network); or (d) label, denote, or refer to Zillow provided data, in any manner, as having been derived from the Zillow Rental Network or from Facebook Users.
5.3.5 Display. The Boost and BoostPT Ads will be displayed 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 rental 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 BoostPT 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 BoostPT Ads will be viewed during a given period. However, Zillow cannot guarantee a number of views for Boost Ads and BoostPT Ads. Advertiser understands that users of the Zillow Rental Network or the Facebook Owned Sites may generate views, impressions, or clicks on the Boost Ad or BoostPT Ad for improper purposes. Zillow has priced the Boost Ads and BoostPT Ads with this risk in mind, and Advertiser accepts this risk in purchasing the Boost Ads and BoostPT Ads. In the event that a Service Order guarantees an aggregate number of impressions and the corresponding Boost Ad or BoostPT 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.
5.4 Rental Inform.
5.4.1 License. If Advertiser has met certain eligibility requirements as determined by Zillow in its sole discretion, and subject to the parties execution of a Service Order, Zillow hereby grants Advertiser a limited, nonexclusive, non-transferable, temporary, non-sublicensable, royalty-free, revocable license to access and use the Zillow Rental Inform product (“Rental Inform”) and any associated materials provided by Zillow (“Rental Inform Materials”) solely for Advertiser’s internal business analytics purposes for the specific Property(ies) the license is purchased for (the “Permitted Purpose”) and only by the users designated by Advertiser to Advertiser’s Zillow sales representative, not to exceed the permitted number of users set forth in the Service Order(s) or as approved in writing by Zillow (“Authorized Users”). The license in the preceding sentence: (i) is subject to the limitations and obligations in this Section 5; and (ii) will automatically terminate in the event of any termination of this Agreement, or as terminated earlier by Zillow.
5.4.2 Advertiser Obligations. Advertiser will ensure that: (a) no Authorized User will allow any other person to access Rental Inform or Rental Inform Materials using such Authorized User’s login credentials; and (b) any person using login credentials associated with any of Advertiser’s accounts to access Rental Inform or Rental Inform Materials is an employee or contractor of Advertiser and will fully comply with the terms of this Agreement.
5.4.3 Rental Inform Representations and Warranties. Advertiser represents and warrants to Zillow that it will not: (i) allow access to Rental Inform or Rental Inform Materials by anyone other than Advertiser’s employees and contractors that are Authorized Users; (ii) at any time designate any more Authorized Users than the maximum number permitted under the Service Order(s) or as approved in writing by Zillow; (iii) allow any of its employees or contractors to (a) establish any user accounts in excess of the number of Authorized Users permitted in the Service Order(s) or as approved in writing by Zillow, or (b) access Rental Inform or Rental Inform Materials through any account other than an Authorized User account; (iv) allow any users, other than Authorized Users, to access an Authorized User’s account; (v) use Rental Inform or Rental Inform Materials for anything other than the Permitted Purpose, including any use involving aggregating or distributing any data or information from Rental Inform or Rental Inform Materials to be resold or used in combination with any other data; (vi) attempt to re-identify or otherwise target individuals included in the aggregate Rental Inform data; (vii) reproduce, modify, distribute, display, or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of Rental Inform, including any Rental Inform Materials; (viii) use Rental Inform or Rental Inform Materials in violation of this Agreement or any Rental Inform specific policies and guidelines provided to Advertiser by Zillow; (ix) issue any press release or otherwise make any public statements or disclosures (including to the internet press, e.g., any blogs) regarding this Agreement, Rental Inform or Rental Inform Materials, or Advertiser’s use thereof without the prior written approval of Zillow; or (x) otherwise access or use, or attempt or encourage others to access or use, Rental Inform or Rental Inform Materials in any manner or for any purpose not expressly permitted by this Agreement. Except for the limited rights expressly granted in this Agreement, Zillow retains all right, title and interest in and to Rental Inform and Rental Inform Materials, including all related intellectual property rights.
5.5 Other Products. Zillow may offer additional products or services to Advertiser from time-to-time (“Other Products”). These Other Products, if offered, will be further detailed in the Service Order, and will be subject to any additional terms stated in the Service Order.
6. Term and Termination.
6.1. 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, Advertiser acknowledges and agrees that 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.
6.2. Automatic Renewal and Termination. For all Products described in Section 5, upon expiration of the Initial Term, each Service Order will automatically renew for successive 1-month terms (each, a “Renewal Term” and together with the Initial Term, the “Term”), until the Service Order is cancelled by Advertiser upon 30 days’ 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 email to rentalshelp@zillowgroup.com, receipt of which will be confirmed by Zillow by email.
6.3. 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.
6.4. Survival. Zillow reserves the right to update, suspend or discontinue any Services at any time. Sections 1, 2, 3, 5, 7, 8, 9, 10, 11, 12, and 13 will survive any termination of this Agreement.
7. 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.
8. 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. In the event that 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 Service or any portion of the Service at any time without liability to Advertiser.
9. 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 CIRCUMANCES GIVING RISE TO THE CLAIMS. THE LIMITATIONS IN THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. 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.
11. 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.
12. Consent to Electronic Communications
Zillow uses a third-party provider (the “Call Servicer”) to provide Advertiser call measurement and monitoring services, solely for the purpose of monitoring telephone leads, quality assurance, and customer service. 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”). Calls may be recorded or monitored for quality assurance and customer service purposes. 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 consents to such recording and monitoring by Zillow or the Communications Service. Zillow also uses the Communications Service to track phone calls and text messages between Advertiser and users of the Advertising Sites so that Zillow and Advertiser can access certain details about the contact. 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, your phone number, and the content of the text message. The information is subject to the Zillow Privacy Policy. Advertiser is solely responsible for ensuring that all Call Receivers have been notified that Advertiser is utilizing a Call Servicer 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 Call Servicer 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.
13. Miscellaneous.
Capitalized terms used but not defined in the Advertiser Terms are defined in the Service Order(s). Zillow will not be required to meet any Advertiser vendor compliance requirements, including entering into any vendor services or similar agreement. 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.
