Legal Notice

The contents of www.z57.com are owned by Z57, Incorporated and are protected by the laws of the United States, its treaty countries and other jurisdictions. You may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this website. Copyright © 1998-2012 by Z57, Inc. All rights reserved.

Z57 Website Terms and Conditions

Your right to use this website is subject to your acceptance of Z57′s terms and conditions set forth below. Z57 reserves the right to modify these terms and conditions from time to time. You will be notified of periodic updates in your Marketing Control Center.

Website Product

1. Your website will be compatible with Firefox (versions 3.0 and higher), Google Chrome, and Microsoft Internet Explorer (versions 9.0 and higher) for the following operating systems: Windows 2000, Windows XP, Windows Vista, Windows 7 and Mac OSX.
2. If you transfer or modify your domain, you are responsible for responding to communications made by Z57 to third parties, in an effort to modify or transfer domains. Z57 is not liable for any loss of email or any delays that may be caused by domain modifications or transfers. When authorizing the transfer of a domain, you are still the owner of the domain and Z57 is the registrar. It is your responsibility to renew the domain name. We will attempt to transfer your site to Z57′s Domain Registry a minimum of 3 times. The additional year of registration will not be credited, if the transfer is not completed. Domain Purchases are non-refundable and subject to availability.
3. While Z57 is not responsible for the renewal of domain names, as a courtesy, Z57 will renew expiring domains, transferred to or purchased by Z57 for active customers, for one year, unless you contact us 15 days prior to the domain expiration date. Maintenance and renewal of domain names is your responsibility.
4. You, or your authorized representative, have up to 3 business days to cancel service and receive a full refund. After 3 days, all sales will be considered final. As an example, if you purchase a website on Monday, you will be eligible for a refund through end of business on Wednesday.
5. You will be responsible for monthly Service and Support fees which may include fees associated with your website and additional products and services you may have purchased. Service and Support charges begin accruing upon purchase.
6. You are responsible for providing all content for your site. Stock photos and graphics will be used until you submit photos. You should take reasonable care and act with reasonable diligence in securing and providing your own content for posting.
7. Custom edits, upgrades and/or color changes outside the scope of the marketing control center (MCC) may be available at an additional cost through Z57′s Client Development.
8. You agree to grant Z57 with the approval to automatically populate your MLS listing information to your Web site, in those MLS territories providing this functionality. Please be advised that Z57 may discontinue this functionality, without prior notice, if your MLS restricts this capability.
9. You agree to accept notices delivered via e-mail from Z57 regarding service, billing and marketing-related issues. Z57 agrees to not release your e-mail address to third parties for solicitation purposes.

Intellectual Property

1. Z57 shall be the owner of the copyrights with respect to the content that we author in connection with your website. “Real Estate Websites Z57 Inc.” or “REALTOR ® Website Marketing & Design Z57 Inc.” or “Z57 Inc. Real Estate Website Marketing & Design” or “Z57 Inc. REALTOR® Website Marketing & Design.” and the year of creation, will appear on all websites created for you by Z57.
2. You will be the owner of the copyrights with respect to text that you author and post on your website. You unconditionally represent and warrant that you are the owner, assignee or authorized user of any and all copyrights or trademarks with respect to the content that you post to your website. This includes, without limitation, text, images, photographs and graphic designs. We are not responsible for verifying your ownership of such rights. You agree to hold harmless, protect and defend Z57 from any copyright infringement claim or related suit arising from the use of such elements you provide for or post to the website.

Liability

1. Z57 has no control over and is not responsible for the content of sites that you may choose to link from your websites. Z57 assumes no responsibility for the content of a site your site links to or if a site that you choose to link to has inaccurate data, goes offline, or does not allow linking to it for any reason. You are independently responsible for accuracy of content posted on your own website including phone numbers, e-mail, contact information, etc.
2. All services offered by Z57 are to be used lawfully in compliance with any federal, state, and local laws; as well as the rules of the acceptable Internet use policies.
3. Z57 will not be responsible for the loss of data, profits, opportunity costs or other consequential damages, or for any damages suffered or revenues lost through the use of our services or for loss of service due to network outages, regardless of cause (including but not limited to: human error, hardware failure, software failure, or telephone company or ISP outages). Z57′s liability for any claims whatsoever, whether arising in tort or contract, including claims based on design, error, omission, negligence, defect, failure to maintain service, or any other claim shall not exceed the contract price herein.

IDX Product

1. IDX: (If Applicable) If the MLS to which you are a member requires signed documentation before Z57 may implement IDX on your website, you will receive the document via e-mail and/or fax. It is vital that you fax the completed agreement back to Z57 immediately so we can install IDX on your website.
2. You are responsible for incremental fees, if any, charged by your MLS.

Third Party Products

1. Z57 may, from time to time, offer products and services provided by a third party service provider. Z57 makes no representations about the suitability of any third party products or services for any purpose. You are responsible for complying with any terms of use, license or other conditions imposed by the third party service providers. If you elect to purchase such products or services, you must look solely to the third party with respect to service and warranty claims.
2. Z57 is not responsible for any changes made by social media companies. By choosing to use their products, you are subject to their own terms and conditions.

Billing Notes

1. If you are delinquent on a payment, Z57 may deactivate your site, without notice.
2. If your credit card expires, and you don’t provide Z57 an updated expiration date, you agree to allow Z57 to extend the expiration date.

Cancellations

1. Cancellation of monthly service requires 30 day notice. You will be responsible for any charges incurred after 30 day notice is given, which includes, but is not limited to, monthly website hosting, domain renewals, email services, traffic products, or any other services purchased from Z57. An email will be sent to the email address on file to confirm cancellation. All billing within the 30 day period forfeit the opportunity for reimbursement.
2. In order to cancel service, you must contact Z57 Client Development via telephone at (800) 899-8148. All cancellation requests must be verbally communicated directly to a Z57 Client Development Representative.
3. Month to month services may be cancelled at any time with the required 30 day notice. Cancellation of a service that is still under contract will result in immediate billing of any remaining months of commitment at the original commitment pricing. Services under contract cannot be downgraded to a less expensive monthly service fee until the original term of the contract has expired.

Governing Law

1. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California and the Federal Laws of the United States of America. Actions relating to this Agreement, including but not limited to its interpretation, application or existence shall be brought in San Diego County, California and Client irrevocably consents to the jurisdiction of such courts.