Terms & Conditions:
Boost Grand Opening Ad Product
IMPORTANT: IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE THAT SECTION 13 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION CLAUSE, WHICH WILL REQUIRE YOU TO RESOLVE ANY DISPUTE WITH ZILLOW GROUP, THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS AND PURCHASING THE NEW CONSTRUCTION PRODUCTS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. PLEASE READ IT CAREFULLY.
These Terms and Conditions (the “Terms”) apply solely to the Boost Grand Opening Ad product and are made a part of the Advertising Agreement (the “Agreement”) between Advertiser and Zillow Group, Inc. (“Zillow Group”, together with Advertiser, the “Parties” and each a “Party”).
1. License and Product Terms
1.1. License Grant. Advertiser hereby grants to Zillow Group a royalty-free, perpetual, nonexclusive, fully sublicenseable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit, all Advertising Materials in any form, media, software or technology of any kind to be used only on or in connection with the web sites and other properties that are owned, operated or powered by Zillow Group (collectively, “Zillow Group Sites”), related data, and/or related services (collectively, "Services"). For purposes of this Agreement, “Advertising Materials” includes all data and other information provided by Advertiser to Zillow Group, in any form, including without limitation (i) static and video Community advertisements (each an “Ad”); and (ii) web sites and landing pages to which Ads link or direct users, and the advertised properties and services on such pages. For purposes of this Agreement, (a) “Builder” means one whose primary business is single-family home building, multifamily building, residential or commercial remodeling, commercial building, land development, or manufacturing of modular/panelized/log homes; (b) “Production Home Builder” means a large volume Builder that sells a Lot or a spec home within a Community that has been built on land they own; (c) “Community” means a collection of Lots and Spec Homes for individual sale by a Production Home Builder; (d) “Custom Home Builder” means small-volume Builder who builds one-of-a-kind (buyer typically works with the Custom Home Builder to customize the home), site-specific houses (on land already owned), and work on fewer than 10 homes/year; (e) “Spec Home Builder” means a Builder that buys a Lot from a third party and sells a finished home on that Lot; (f) “Lot/Listing” means the for-sale component of a Builder’s inventory; and (g) “Master Planned Community” means a Community lead by a land developer who supports multiple Builders in one Community – each Community is developed around a pre-determined threshold population level that determines coordinated development of residential, retail and office space to be built on the land.
1.2. Boost Grand Opening Ad Product (“BoostGO Ad”).
1.2.1. If Advertiser has purchased the BoostGO Ad product, Zillow Group shall display the Ad for Advertiser’s Communities on (a) search results pages for areas located in, and within close proximity to, the designated market area in which the applicable new construction property is located on the Zillow Group Sites and (b) on other pages on the Zillow Group Sites served to users who have visited pages for those ZIP codes. Any agreed upon geo targeting will be applied to the BoostGO Ads placed on the Zillow Group Sites but Zillow Group will retain the sole right to determine the actual placement and location of each delivered Ad. Zillow Group makes no representations about the manner in which the impressions are distributed among different Zillow Group Sites.
1.2.2. Advertiser understands that, although BoostGO Ads are sold on an impression basis and may include an estimate of how many times an Ad will be displayed each month, Zillow Group cannot guarantee that impressions of the Ad will be uniformly distributed during any month or that the estimated number of impressions will be delivered during the Term. Advertiser understands that users of the Zillow Group Sites, automated computers, third parties, and Zillow Group itself may generate views, impressions or clicks on Advertiser’s Ads for proper or improper purposes. Zillow Group has priced BoostGO Ads with this risk in mind, and Advertiser accepts this risk in purchasing the BoostGO Ads.
1.3. Display. Zillow Group will have the sole right to determine the placement and location, if any, of all or any portion of the Advertising Materials on the Advertisement Sites. Zillow Group does not permit the integration of non-real estate related data into Ads on the Zillow Group Sites. Photos provided in the Advertising Materials may not include marketing information, including, without limitation, a company name, logo, phone number and/or email address on listing photos, whether as text a watermark, or otherwise. Zillow Group reserves the right to refuse any Ad, for any reason.
1.4. Prohibited Uses; Representations and Warranties. Advertiser shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid inquiries, conversions or other actions for Advertiser’s own Ads or any other advertisements on the Zillow Group Sites; (b) use any automated means of scraping or data extraction to collect Zillow Group listing or advertising related information from any of the Zillow Group Sites, except as expressly permitted by Zillow Group in writing; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice. Advertiser represents and warrants to Zillow Group that it holds and hereby grants Zillow Group all rights (including any copyright, trademark, patent, publicity or other rights) in the Advertising Materials necessary for Zillow Group to fulfill its obligations under this Agreement. Advertiser further represents and warrants to Zillow Group that (x) all Advertiser information provided in connection with Advertiser’s account and any Advertising Agreement is complete, correct and current; (y) the Advertising Materials and all information contained therein complies with, and that Advertiser adheres to policies designed to ensure compliance with, all civil rights and anti-discrimination laws, including, without limitation, the Fair Housing Act, Americans with Disabilities Act, and the Equal Credit Opportunity Act, to the extent such laws are applicable to Advertiser; and (z) that Advertiser does not discriminate in the sale, rental or financing of its Communities on the basis of race, color, religion, sex, handicap, familial status or national origin. Further, Advertiser represents and warrants that, regarding any rights granted by Advertiser hereunder, none of the Advertising Materials will violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights (including intellectual property rights). Violation of the foregoing may result in immediate termination of Advertiser’s Advertising Agreement and/or Advertiser’s account without notice, without limiting any other remedies available to Zillow Group.
2. Term and Termination
The term for the BoostGO Ads is non-cancellable and shall commence upon the date a Community’s Advertising Materials for the BoostGO Ads are first displayed on the Zillow Group Sites (the “Display Date”) and shall terminate on the Grand Opening Date set forth on the first page of this Advertising Agreement (the “Term”). If Advertiser is purchasing the BoostGo Ads for more than one Community under this Advertising Agreement, the Term for each individual Community’s BoostGO Ad Campaign Term will commence on the Display Date and terminate on the Grand Opening Date set forth for that Community on the first page of this Advertising Agreement. We reserve the right to cancel this Agreement (i) immediately in the event of any breach by you of these terms and conditions or (ii) if the Display Date has not occurred 90 days after the date Advertiser signs this Advertising Agreement. Under no circumstances will Zillow Group issue a refund of any amounts paid by Advertiser in any previous billing period.
3. Payment, Billing & Changes
3.1. Payment. At all times during which Advertiser remains enrolled in BoostGO Ads, Advertiser shall pay to Zillow Group the cost per thousand impression charge for each Ad, as specified on the first page of this Advertising Agreement, based on the Advertiser’s Term spend minimum and cap (if any). All BoostGO Ads will be served by Zillow Group’s third party adserver and billed off Zillow Group reporting, unless otherwise stated on the order form to this Agreement.
3.2. Taxes and Fees. All fees for the BoostGO Ads are exclusive of applicable taxes. Advertiser is responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) Zillow Group incurs in collecting unpaid amounts.
3.3. Billing. Based on the payment method applicable for the New Construction Product(s) purchased by Advertiser and in accordance with Section 3.3, Zillow Group will either (a) invoice Advertiser for Advertiser’s active BoostGO Ads following the completion of each and every calendar month through the Term of this Agreement or (b) directly charge Advertiser’s credit card following the completion of each and every calendar month for the active BoostGO Ads. Each payment shall be made in U.S. Dollars. If Advertiser is paying via invoice, payment is due on a net thirty (30) day basis from the date of invoice. If Advertiser is paying via credit card, Advertiser acknowledges that its credit card is not present and authorizes Zillow Group to charge Advertiser’s credit card on file for the applicable New Construction Product(s) during the term of this Agreement. All unpaid fees, that are not successfully disputed, shall accrue interest at the rate of one percent (1%) per month until paid, or the legal maximum, whichever is less, plus all expenses of collection, including collection agency fees and costs. In addition to all other available rights and remedies, Zillow Group may cancel and remove any of Advertiser’s Advertising Materials for any amounts that are not paid within 30 days of the invoice date or any amounts related to unresolved disputed chargebacks. Outstanding balances and fees must be paid in full to reinstate service from cancellation at Zillow Group’s discretion. If Zillow Group incurs a fee, due to billing through a third party requested by Advertiser, Zillow Group reserves the right to pass along the fee incurred to the Advertiser in the Advertiser’s monthly billing invoice. To the fullest extent permitted by law, Advertiser waives all claims relating to charges unless claimed within 60 days after the charge (without prejudice to Advertiser’s credit card issuer rights). Nothing in this Agreement may obligate Zillow Group to extend credit to any party. Advertiser acknowledges and agrees that any credit card and related billing and payment information that Advertiser provides to Zillow Group may be shared by Zillow Group with companies who work on Zillow Group’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Zillow Group and servicing Advertiser’s account. Zillow Group may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Zillow Group shall not be liable for any use or disclosure of such information by such third parties.
3.4. Changes to Terms and/or BoostGO Products. Zillow Group may change these Terms at any time in its sole discretion without liability. Any changes will be effective immediately upon Zillow Group posting the revised version of the Terms at http://www.zillow.com/corp/NewConstructionBoostGOTerms/. Zillow further reserves the right to change or discontinue providing BoostGO at any time.
4. Zillow Group Policies
Advertiser agrees to abide by and comply with the terms of use for the Zillow Group properties posted on Zillow Group’s sites, including the Zillow Group Privacy Policy and the Zillow Advertising Content and Image Guidelines (collectively “Policies”), which Policies, as may be amended from time to time, are incorporated herein by reference.
5. Indemnification
Advertiser agrees to indemnify and hold Zillow Group and its respective officers, affiliates, successors, assigns, directors, officers, employees, agents, service providers and suppliers, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of information contained in the Advertising Materials, including without limitation, Advertiser’s Ads or information submitted, posted or made available through the Zillow Group Sites by Advertiser, Advertiser’s use of Zillow Group’s services, Advertiser’s violation of the terms of this Agreement or any other applicable terms and conditions or Advertiser’s violation of any federal, state, local or any other laws or of any rights of any other person.
6. Warranties
Advertiser accepts all liability for the content of all Advertising Materials. ADVERTISER AGREES THAT USE OF THE ZILLOW GROUP SITES, SERVICES AND BOOSTGO ADS ARE ENTIRELY AT ADVERTISER’S OWN RISK. THE ZILLOW GROUP SITES, SERVICES AND BOOSTGO ADS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ZILLOW GROUP DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, PERFORMANCE OR RESULTS OF THE ZILLOW GROUP SITES, SERVICES OR BOOSTGO ADS. WITHOUT LIMITATION, ZILLOW GROUP DISCLAIMS ALL GUARANTEES REGARDING POSITIONING, LEVELS, QUALITY, OR TIMING OF: (I) AVAILABILITY AND DELIVERY OF ANY ADVERTISING MATERIALS ON ANY ZILLOW GROUP SITE OR SECTION THEREOF; (II) CLICK THROUGH RATE; (III) CLICK-THROUGHS; (IV) ADJACENCY OR POSITION OF ADS ON THE ZILLOW GROUP SITES OR (V) CONVERSIONS OR OTHER RESULTS FOR ANY ADVERTISING MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, ZILLOW GROUP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ZILLOW GROUP SITES OR THROUGH ZILLOW GROUP’S SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE ZILLOW GROUP SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, ZILLOW GROUP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ZILLOW GROUP SITES OR SERVICES. ZILLOW GROUP RESERVES THE RIGHT TO DE-ACTIVATE OR BLOCK A LISTING OR AD FROM PUBLISHING FOR ANY REASON, OR AT ANYTIME. ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND INDEMNITIES CONTAINED IN THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ZILLOW GROUP BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ZILLOW GROUP SITES OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ZILLOW GROUP SITES OR SERVICES, FROM INABILITY TO ACCESS THE ZILLOW GROUP SITES OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ZILLOW GROUP SITES OR 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 ZILLOW GROUP SITES OR SERVICES OR ANY LINKS ON THE ZILLOW GROUP SITES. ZILLOW GROUP 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 GROUP’S LIABILITY FOR DAMAGES RESULTING FROM THE ADVERTISING MATERIALS SHALL BE LIMITED TO THE AMOUNT IT ACTUALLY RECEIVED IN CONSIDERATION FOR PUBLISHING THE ADVERTISEMENT. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Confidentiality
Each Party acknowledges that in connection with the execution and implementation of this Agreement, it will receive Confidential Information of the other Party. “Confidential Information” as used in this Agreement shall include any and all technical and non-technical information including, copyright, trademark, trade secret and proprietary information, related to current and future proposed products and services of each of the Parties, and includes their respective information concerning financial information, procurement and purchasing requirements, new tenant data, other customer or tenant information, business forecasts, sales and merchandising and marketing plans and information, in whatever form provided and whatever manner communicated. Confidential Information shall also include this Agreement and the terms hereof. Confidential Information shall not include information that: (a) was lawfully in the receiving Party’s possession from a source other than the disclosing Party before receipt from the disclosing Party; (b) is or became available to the public through no fault of the receiving Party and was obtained by the receiving Party from such publicly available source; (c) was obtained in good faith by the receiving Party from a third party who was lawfully in possession of such information; or (d) was independently developed by the receiving Party, without reference to Confidential Information received hereunder.
Each of the Parties agrees that it shall treat all Confidential Information of the other Party with the same degree of care as it accords to its own Confidential Information, and each of the Parties represents that it exercises reasonable care to protect its own Confidential Information. Neither Party shall use Confidential Information it receives from the other Party for any purpose other than for purposes permitted hereunder and for the purpose of complying with and enforcing this Agreement. Neither Party shall disclose Confidential Information of the other Party to any third party, other than disclosure of Confidential Information in response to a valid order by a court or other governmental body or a duly issued subpoena, or as otherwise required by law; provided that the disclosing Party shall give the other Party written notice before disclosure is made unless prohibited by law. Following termination of this Agreement, at either Party’s request, the other Party will promptly return or destroy any Confidential Information received by such Party; provided that Zillow Group may retain any Advertising Materials and use certain pieces of User Data, aggregated, non-personal information to improve the quality of its services and track user trends.
9. Survival
All sections of this Agreement that by their nature should survive termination will survive termination, including confidentiality and indemnification obligations and limitations of liability. A waiver of any default is not a waiver of any subsequent default. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10. Assignment
Neither Party may assign this Agreement in whole or in part without the prior written consent of the other party, which shall not be unreasonably withheld, except that Zillow Group may assign this Agreement to its successor-in-interest in connection with (i) a merger, consolidation or similar corporate transaction or (ii) a sale of all or substantially all of its assets or a sale of the portion of its assets to which this Agreement pertains.
11. Consent
Advertiser agrees that Zillow Group, or a third party acting on behalf of Zillow Group, 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 (“Other Messages”). Advertiser further agrees that such calls and/or text messages may constitute telemarketing, e.g. Zillow Group may call with information about new service offerings available to Advertiser. Advertiser understands that agreeing to receive Other Messages that constitute telemarketing is not a condition to purchase.
12. Authority
The individual or entity whose signature is set forth on the Advertising Agreement (the “Authorized Signatory”) represents and warrants to Zillow Group that (i) it has the full right, power and authority to enter into this Agreement on behalf of Advertiser, to grant Zillow Group the rights and licenses set forth herein and to perform its obligations hereunder, (ii) the execution of this Agreement by the Authorized Signatory, and the delivery of this Agreement has been duly authorized by all necessary action on the part of Advertiser, and (iii) this Agreement has been executed and delivered on behalf of Advertiser and Authorized Signatory is authorized to create a legal, valid and binding obligation on Advertiser, enforceable against Advertiser with respect to the obligations of Advertiser, as applicable and in accordance with the terms of this Agreement.
13. Miscellaneous
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its then existing Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be King County, Washington or any other place agreed upon at the time by the Parties. The arbitration shall be governed by the laws of the State of Washington. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitations. A Party may apply to the arbitrator seeking injunctive relief until an arbitration award is rendered or the dispute is otherwise resolved. A Party also may, without waiving any other remedy, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that Party pending the arbitrator’s appointment or decision on the merits of the dispute. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. The prevailing Party shall be entitled to an award of reasonable attorney fees. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law and for disclosure in confidence to the Parties’ respective attorneys, tax advisors and other similar representatives, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties. This Agreement constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. Advertiser may grant approvals, permissions, extensions and consents by email, but any modifications must be in writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither Party has any authority of any kind to bind the other Party in any respect whatsoever, it being agreed that the relationship of the Parties is that of independent contractors. Any notices to Zillow Group must be sent to Zillow Group, Inc., New Construction Department, 130 5th Avenue, Floor 9, New York, NY 10011, with a copy to Legal Department, 1301 Second Avenue, Floor 31, Seattle, WA 98101, via registered mail with return receipt or air mail or overnight courier, and are deemed given upon receipt. Notice to Advertiser may be affected by sending an email to the email address specified on the Advertising Agreement and is deemed received when sent (for email). This Agreement may be executed by electronic signature. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and remaining provisions of this Agreement will remain in full effect. Zillow Group and Advertiser are independent contractors, not legal partners or agents. In the event that this Agreement or the BoostGO Ad product is terminated, Zillow Group shall not be obligated to return any materials to Advertiser.
– Updated May 2017
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