Trulia Pro Service Terms and Conditions
(Last updated March 7, 2012)
1. Subscription Data.
(a) You will provide (i) accurate, current and complete information as may be prompted by any subscription forms when you subscribe to the Trulia Pro Service ("Subscription Data"); (ii) maintain and promptly update the Subscription Data, and other account-related information you provide to Trulia, to keep it accurate, current and complete; and (iii) accept all risks of unauthorized access to the Subscription Data and other information you provide to Trulia.
(b) If you have not already created an account with Trulia, when you subscribe to the Trulia Pro Service you will be asked to create an account and choose a password. You are entirely responsible for maintaining the confidentiality of your password, and you agree to maintain the security of your password. You agree not to use the account, username, or password of another Trulia user at any time, and agree to notify Trulia immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
2. Your Submissions. The Trulia Pro Service will allow you to submit certain information and materials to Trulia, including, without limitation, photographic images, as part of your use of the Trulia Pro Service ("Submissions"). Under these Trulia Pro Terms, you agree that you will not post, place or transmit any of the following material using the Trulia Pro Service and that your Submissions will not include:
(a) any threatening, defamatory, abusive, obscene, pornographic, inappropriate, unlawful or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
(b) any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable; or
(c) any material that promotes bigotry, racism, hatred or harm against any individual or group or that otherwise violates any of the Guidelines.
3. Restrictions on Use of Lead Intention. Trulia may send you leads with personal information of individuals who fill out a “contact the agent” lead form a property listing page, through Quick Connect, or various other sources. You may not rent or sell this personal information to other companies. You may not spam, harass or otherwise use the personal information in any illegal or unwanted manner or in a way that reflects poorly on Trulia.
4. Subscriptions; Payment. Trulia will make available to you one or more advertising campaigns ("Campaign(s)") as part of your Subscription package for the Trulia Pro Service. The initial term of the Subscription (the "Subscription Term"), benefits, as well as the fees and charges applicable to such Subscription (the "Subscription Fees") are set forth on the Site when you create your Campaign as part of the Trulia Pro Service. Subscriptions will automatically renew for additional renewal periods (as detailed in your order), at Trulia's then current fees for that Subscription package unless you request cancellation at least one (1) day prior to the renewal date. You may review your Subscription information or cancel your Subscription in your Account Settings. The Subscription fees and charges for any of your advertising Campaigns and other terms and conditions applicable thereto are subject to change by Trulia at any time by posting such revisions on the Site and sent through email notifications to your account's email address. Such changes shall be applicable to any new Subscription Term commencing after such changes are posted on the Site. You agree to pay all Subscription Fees in advance in U.S. Dollars and that all Subscription Fees are non-refundable. You must provide Trulia with a valid credit card or other payment method approved by Trulia, and you authorize Trulia to automatically charge the Subscription Fees in advance for each Subscription Term to such credit card or other payment method until your Subscription is cancelled or otherwise terminated. In the event that Subscription Fees are not paid on a timely basis, including without limitation due to an invalid or expired credit card number, Trulia may, in addition to any other available remedies, suspend or terminate your Subscription, and any unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Subscription Fees are exclusive of applicable taxes. You are responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) Trulia incurs collecting unpaid amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of Trulia. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. Nothing in these Trulia Pro Terms obligates Trulia to extend credit to any party.
(a) all taxes, government charges, and
(b) reasonable expenses (including collection agency and attorneys’ fees) Trulia incurs collecting unpaid amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of Trulia. Nothing in these Trulia Pro Terms obligates Trulia to extend credit to any party.
5. Representations and Warranties. You hereby represent, warrant and covenant to Trulia that:
(a) you have the full right, power and authority to enter into this Agreement;
(b) you will comply with all applicable local, state and federal laws, ordinances, regulations and orders with respect to Submissions, including without limitation the Fair Housing Act;
(c) your Submissions will not infringe upon or violate the rights of any third party and will otherwise comply with Section 2 above;
(d) all information provided by you in connection with the Trulia Pro Service will be true and correct;
(e) you will only provide Submissions related to real estate listings for which you have a valid and current contract or agreement with the owner of such real estate listing to list such property; and
(f) if required, you have in effect all licenses and authorizations required by all applicable authorities allowing you to act as a licensed real estate professional.
6. License and Removal of Submissions. Trulia is not responsible for, and has no obligation to review, edit or comment on, the content of Submissions provided by Trulia users. However, Trulia reserves the right in its discretion to (i) delete, disable access to, move or edit Submissions in its sole discretion for any reason or no reason, or (ii) take any other action that Trulia deems necessary relating to use or misuse of the Trulia Pro Service. You hereby grant to Trulia a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions in connection with the Trulia Pro Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waive any such moral rights.
7. Age Requirements. You must be at least 18 years of age to use the Trulia Pro Service. By using the Trulia Pro Service, you represent and warrant that you are 18 years of age or older and that you agree to abide by all of the terms and conditions of these Trulia Pro Terms.
8. Cancelling Your Subscription or the Trulia Pro Service. If you violate any of these Trulia Pro Terms, Trulia may, in addition to any other rights and remedies it may have, immediately terminate your Subscription to the Trulia Pro Service without any notice or other action by Trulia. In the event of such termination, no amounts that you may have prepaid for use of the Trulia Pro Service will be refunded. You will have the right to cancel the Trulia Pro Service at any point in time from within your Trulia account. If you choose to do so, you recognize that it may take up to 96 hours for the featured status of your listings to be removed, along with your profile from Quick Connect. Additionally, while you will no longer be billed, no amount that you may have prepaid for use of the Trulia Pro Service will be refunded. If Trulia discontinues the Trulia Pro Service or cancels your Subscription thereto other than for a breach or violation of these Trulia Pro Terms, Trulia will either, at its sole option, continue to provide the Trulia Pro Service for the remainder of your Subscription Term (up to a maximum of thirty (30) days) or refund you a prorated portion of the Subscription Fees for the current Subscription Term.
10. Indemnification. You will indemnify, defend and hold harmless Trulia, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Trulia Pro Service from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Trulia Pro Terms, including, without limitation, a breach of your representations and warranties, (ii) your Featured Listings, your profile on Quick Connect, and/or any activity related to access to or use of the Trulia Pro Service by you or any person accessing the Trulia Pro Service through you and/or (iii) any Submission you provide, including without limitation any claim that a Submission infringes or violates a third party's intellectual property or other rights.
11. Disclaimer of Warranties. THIS TRULIA PRO SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. TRULIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. TRULIA DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TRULIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
12. Limitation Of Liability. IN NO EVENT SHALL TRULIA, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SUBMISSIONS OR THE TRULIA PRO SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Choice Of Law, Waiver, And Claims. These Trulia Pro Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions to the contrary. Trulia's failure to exercise or enforce any right or provision of the Trulia Pro Terms will not be deemed to be a waiver of such right or provision. If any provision of these Trulia Pro Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Trulia Pro Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Trulia Pro Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Arbitration. Any controversy or claim arising out of or relating to these Trulia Pro Terms or the Trulia Pro Service will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Trulia or you may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, as necessary to protect the rights or property of you or Trulia.