Syndication and FSBO Listings Quality Policy
By checking the box that authorizes FSBO-Online to share the content you input into FSBO-Online’s listing input form (the “Listing Content”) with third party websites, you acknowledge and agree to comply with this Syndication and FSBO Listings Quality Policy (the “Policy”).
1.Syndication. When you instruct us to share your Listing Content with third party websites, FSBO-Online licenses your Listing Content to Zillow, Inc. (“Syndicator”) and Syndicator displays your Listing Content on Syndicator’s websites (the “Syndicator Services”). Syndicator is not obligated to display your Listing Content. Syndicator reserves the right to remove any Listing Content that violates this Policy or any of FSBO-Online’s terms of use or policies. In the event Syndicator discovers a violation of this Policy or any of FSBO-Online’s terms of use or policies, Syndicator may remove all or certain portions of your Listing Content from the Syndicator Services.
2. FSBO Listing
2.1. FSBO. You can only share a Listing with Syndicator that is a For Sale By Owner (“FSBO”) listing. This means that only the home’s owner (or an individual authorized to act on behalf of the home’s owner (excluding agents or brokers)) may submit that home to Syndicator. You acknowledge that (A) the home submitted to Syndicator is not represented by an agent or broker and (B) Syndicator may require that you provide a certificate of title or other documentation to verify you are the home’s owner (or have the authority to act on behalf of the home’s owner). If Syndicator is unable to verify that you are the home’s owner (or have the authority to act on behalf of the home’s owner), Syndicator may remove your home and Listing Content from the Syndicator Services. Syndicator will not accept any other type of listing other than an FSBO listing, including commercial properties, auction listings, timeshares, vacation rentals, and fractional ownership properties.
2.2. Listing Content.
a. Non-Real Estate Data. Unless the listing input form requires you to enter non-real estate data, you may not include non-real estate data in your Listing Content, including self-promotion and/or marketing information (e.g., name, company name logo, phone number, and/or email address, whether as text, a watermark, or otherwise).
b. Modification by Syndicator. Syndicator does not review all Listing Content prior to its use in the Syndicator Services. Syndicator has the right, in its sole discretion, to remove or modify your Listing Content for any reason, including format, spelling, or other matters of presentation, or if Syndicator believes your listing violates this Policy.
c. Representations. You represent to Syndicator the following: (i) you are the creator and owner of the Listing Content, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Syndicator to access and use your Listing Content as necessary to provide the Syndication Services; (ii) the Listing Content is complete, correct, and current; (iii) the Listing Content is not obscene, defamatory, disparaging, deceptive, profane, or indecent; (iv) the Listing Content and Syndicator’s use of the Listing Content does not violate any third party rights (including intellectual property rights); (v) the Listing Content and your use of the Syndicator 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 (vi) you will not discriminate in the sale of your home on the basis of race, color, religion, sex, handicap, familial status or national origin.
3. Indemnification. You agree to indemnify, defend, and hold harmless Syndicator, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (1) the Listing Content; (2) your use of the Syndicator Services; (3) your breach of this Policy; (4) your violation of any law or the rights of a third party; (5) any dispute or issue between you and any third party; or (6) your willful misconduct. Syndicator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Syndicator’s defense of that claim.
4. No Warranties. SYNDICATOR PROVIDES THE SYNDICATOR SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNDICATOR AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SYNDICTOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH FSBO-ONLINE’S SERVICES OR THE SYNDICATOR SERVICES WILL CREATE ANY WARRANTY REGARDING ANY SYNDICATOR OR THE SYNDICATOR SERVICES THAT IS NOT EXPRESSIVELY STATED IN THIS POLICY. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SYNDICATOR SERVICES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
5. Limitation of Liability. IN NO EVENT WILL SYNDICATOR OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THIS POLICY, THE LISTING CONTENT, OR YOUR USE OR INABILITY TO USE THE SYNDICATOR SERVICES, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF SYNDICATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SYNDICATOR AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS POLICY, INCLUDING THE LISTING CONTENT OR THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE FSBO-ONLINE SERVICE OR SYNDICATOR SERVICES, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $500. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
6. Consent. By using the Syndicator Services, you agree that Syndicator may call and/or send text messages to the telephone number(s) provided by you in the Listing Content, 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. You consent to such recording and monitoring by Syndicator or the Communications Service.
7. Changes to this Policy. FSBO-Online or Syndicator may change this Policy at any time in their sole discretion upon notice to you. Any changes will be effective immediately upon your receipt of such notice. In the event that the changes to this Policy materially change your rights or obligations, you may terminate this Policy by discontinuing your use of the Syndicator Services. Your continued use of the Syndicator Services after updates are effective will represent your agreement to the revised version of this Policy. You are responsible for regularly reviewing this Policy.