Terms & Conditions

Z57 Terms and Conditions

These terms and conditions (these “Terms”) constitute a binding agreement between Z57 Internet Solutions and you as a client, and apply to all services provided by Z57 to you. References to “we”, “our”, and “Z57″ refer to Z57 Internet Solutions. References to “you”, “your”, and “client” refer to the recipient of Z57 Internet Solutions’ Internet and website design services, including the recipient’s successors and assigns.

Website Product

1. Your website is intended to operate with Firefox (versions 8.0 and higher), Google Chrome, and Microsoft Internet Explorer (versions 8.0 and higher) for the following operating systems: Windows 2000, Windows XP, Windows Vista, Windows 7 and Mac OSX.

2. In connection with our services, you may use a domain name that you already own or a domain that we procure for you at your request. In either case, you are the owner of the domain name and are responsible for maintaining and renewing it, including all related registration fees and costs. If you authorize us to use a domain name that you already own, Z57 is not liable for any loss of email or any delays that may be caused when we assume the hosting of the domain. When you purchase a domain name through us, your purchase is non-refundable and subject to availability.

3. While Z57 is not responsible for the renewal of domain names, Z57 may, as a courtesy, renew your expiring domain on your behalf for one year, unless you instruct us otherwise at least 15 days prior to the domain expiration date. You will be responsible for the fees and charges for such renewal.

4. You, or your authorized representative, have up to 3 business days following the date of your acceptance of these Terms to cancel service and receive a full refund. After 3 business 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 the end of business on Thursday.

5. You are responsible for providing all content for your site. Stock photos and graphics will be used until you submit photos. You should take extreme care diligence in securing and providing your own content for posting. You should ensure that you have ownership of all content you provide to us.

6. 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 support services.

7. You authorize Z57 to automatically populate your MLS listing information to your Web site, in those territories where such MLS functionality is available. Please be advised that Z57 may discontinue this functionality, without prior notice, if your MLS restricts this capability.

8. 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 and Data

9. Z57 shall own 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.

10. As between you and Z57, you will be the owner of the content (including text, trademarks, photographs, logos, graphic designs and other images, collectively “Your Content”) that you create or otherwise own or license and post on your website. You unconditionally represent and warrant that you own or are otherwise licensed to use all of Your Content in connection with the website as contemplated by these Terms and the Z57 services. We are not responsible for verifying your ownership of such rights. You agree to indemnify, defend and hold Z57 harmless from and against any and all damages, costs, expenses (including attorneys fees and costs) of any kind or nature arising from Your Content, including any claims of infringement of any intellectual property rights or rights of privacy or publicity.

11. Through our services, you may collect and receive data and other information about or from end users, including personal information. You agree to treat such information in compliance with the Z57 Privacy Policy and any other applicable privacy policies. You will maintain such information securely using reasonable technical means to prevent the unauthorized access, use or disclosure of such information. You agree to indemnify, defend and hold Z57 harmless from and against any and all damages, costs, expenses (including attorneys fees and costs) of any kind or nature arising from your use or misuse of any such information, including your breach of any of the foregoing obligations, including any unauthorized access, use or disclosure of such information.

12. Some of the services offered by us to end users on your website may involve the disclosure of end user information to third parties. In our Mortgage Center, for example, end users may be asked to provide certain personal information in order to use certain features of the center and to receive quotations from third-party mortgage brokers and/or lenders. When end users provide such information, they permit us to share such information with such third-party mortgage brokers and/or lenders.

Liability

13. Z57 has no control over and is not responsible for the content of sites that you may choose to link to 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.

14. All services offered by Z57 are to be used lawfully in compliance with all federal, state, and local laws and regulations as well as all industry standards and best practices.

15. 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 the amounts you have paid to Z57 under these Terms.

IDX Product

16. 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. You must e-mail or fax the completed agreement back to Z57 in order that we may install IDX on your website.

17. You are responsible for all incremental fees, if any, charged by your MLS.

Third-Party Products

18. 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, licensing terms or other conditions imposed by such 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.

19. 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, including their privacy policies.

Billing Notes

20. 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.

21. The credit card you provide to Z57 will be automatically billed monthly for all charges associated with the account. If you are delinquent on a payment, Z57 may deactivate your site, without notice.

22. 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.

Z57 Academy Sessions – 24 Hour Cancellation Policy

23. Once you have scheduled an appointment for a Z57 Academy session, a ZPro Instructor will be waiting for you and is dedicated to your class time. Therefore, if you’re not able to attend your appointment, please provide 24 hour notice, by calling 800-899-8148. Failure to provide such notice within such time period, will result in a $10 missed appointment fee that will be charged to your credit card on file.

Cancellations

24. After the cancellation period provided in paragraph 4 above, you may cancel monthly service by providing us with 30 days prior 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.

25. In order to protect your account, if you wish to cancel your service, you must contact Z57 Client Development via telephone at (800) 899-8148 so that we can authenticate that your are the authorized account user. All cancellation requests must be verbally communicated directly to a Z57 Client Development Representative.

Governing Law; Dispute Resolution

26. 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.

27. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them) or any product, service or content available through our services (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this Paragraph.  If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute.  Except as described in this paragraph, the arbitration shall be initiated and conducted according to the Rules of the American Arbitration Association then in effect (the “Arbitration Rules”).  The arbitration shall be conducted in the County of San Diego, California, before a single neutral arbitrator appointed in accordance with the Arbitration Rules.  The arbitrator’s decision shall be controlled by these Terms and any other applicable written agreement between us.  No Disputes may be arbitrated on a class or representative basis; arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  BY ENTERING INTO THESE TERMS, YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.  The arbitrator shall not have the power to award punitive damages against any party.

Miscellaneous

28. If and to the extent any provision of these Terms is held invalid or unenforceable at law, such provision will be deemed stricken and the remainder of these Terms will continue in effect and be valid and enforceable to the fullest extent permitted by law.

29. These Terms are the complete and exclusive statement regarding the subject matter of these Terms and supersede all prior and contemporaneous agreements, understandings and communications, oral or written, between us regarding such subject matter.

30. These Terms are subject to change. We may notify you of any changes via email or by posting a notice in the marketing control center. Your continued use of our services will constitute your acceptance of the changed Terms.

31. The waiver of any provision on one occasion will not constitute a waiver of such provision on any other occasion, and any failure to enforce any of the provisions of these Terms will not constitute a waiver. No waiver of a right or remedy under this Agreement will be binding upon a Party unless it is in writing and signed by its authorized representative.

32. This Agreement does not create any agency or partnership relationship.

33. You may not assign these Terms, in whole or in part, to any other person or entity without our consent. We may assign these Terms without your consent, including in connection with the sale of our assets. This Agreement is binding upon and inures to the benefit of the parties and their heirs, executors, legal and personal representatives, successors and assigns, as the case may be.

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