Effective Date for New Users: October 28, 2014/Effective Date for Current Users: November 13, 2014
Agreement to Terms
The Services We Provide
Our Services: Our Services comprise a variety of real estate-related products and services made available through our Sites and Apps. These Services include such things as real estate listings and related information, mortgage related information, real estate professional profiles, advertisements, user forums, and tools and widgets ("Widgets"). Certain Services may be located on third-party websites or applications, either as links from an add-on service to, or otherwise in connection with, websites or applications that those third parties control.
Registration and Your Information: If you want to use certain features of the Services, you'll have to create an account ("Account"). You can do this through the applicable Site or, if available, through your account with certain third-party social networking services such as Facebook (an "SNS Account"). If you choose the SNS Account option, we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
None of Our Services Is an Offer or Promise to Sell: Nothing contained in the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. The Services offered therein are provided solely as a forum and technical interface that may connect homeowners with locally licensed real estate agents, brokers and other home-related service providers. Trulia does not provide any real estate, appraisal or home-related services, and do not hold ourselves out as being licensed to perform any such services. It should also be noted that Trulia does not make any assurance as to the timeliness or accuracy of information provided by any real estate agent, broker or other home-related service provider including any home evaluation, or other related follow up. Furthermore, if the requesting homeowner submits incomplete, insufficient or inaccurate information, or if the completion of a home evaluation is in conflict with real estate rules, laws or best practices, then an evaluation may not be provided to the requesting homeowner.
Deal with Us in Good Faith: By creating an Account, you agree that you are signing up for the Services in good faith, and that you mean to use them only for their intended purposes as real estate information and marketing tools and for no other reason.
Security: While Trulia works to protect the security of your content and Account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your Account. You are also responsible for maintaining the confidentiality of your Account information and for ensuring that only authorized individuals have access to your Account. You are responsible for all actions taken or content added through your Account.
Do Not Abuse Our Sites and Services: You may not engage in the practices of "screen scraping," "database scraping," "data mining" or any other activity with the purpose of obtaining lists of users, listings or other information from our Sites or that uses web "bots" or similar data gathering or extraction methods. You may not copy or distribute any content, including any listing content, without the prior written consent of Trulia. You may not frame any part of our Sites or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
No Endorsements: Trulia does not sponsor, endorse, recommend or approve of any real estate agent, broker, mortgage broker or other home-related service provider who offers services through the Services. While we try to confirm that participating real estate agents, brokers and other home-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other home-related service provider who offers services through the Services is licensed, qualified, or capable of performing any such service. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. All non-Trulia trademarks, registered trademarks, product names, and logos appearing on our Services are the property of their respective owners.
Additional Terms for Apps: If you download an App from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an "App Provider"), then you acknowledge and agree that:
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Trulia.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You must also comply with all applicable third party terms of service when using the App.
- You agree to comply with all applicable laws and regulations.
No Sublicensing/Reverse Engineering: You may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services (except to the extent specifically permitted by applicable law; or (iv) make the functionality of the Services available to multiple users through any means.
Our Rules About User Content
Be Truthful: You agree to provide accurate, complete, current, and truthful information when you add or edit facts about a home, or otherwise provide content through the Services.
Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful, or that contains a virus or other malicious code.
Do Not Violate Others' Rights: You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes, but is not limited to, information about neighbors or other information that would potentially be viewed as an invasion of privacy.
You Grant Trulia a License to Use Your User Content: When you provide User Content via our Services, you hereby grant to Trulia a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully sublicensable and transferable license under any and all intellectual property rights that you own or control to publish, reproduce, distribute, perform, display, adapt, modify and prepare derivative words of, and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for any User Content you provide to Trulia.
Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to Trulia may be redistributed through the Internet and other media channels, and may be viewed by the general public.
Feedback: We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, publicly perform, publicly display and otherwise exploit the Feedback for any purpose.
Terms Involving Claiming Your Home
Through the Services, users may claim a property found through the Services and provide additional information about such property. If you do so, you agree to the following:
- You will only claim homes for which you are the current legal owner, and you represent and warrant that the home you are claiming is owned by you and that the details you provide about your home are accurate.
- You will be required to confirm your email address in order to add or edit facts about your home.
- If you are no longer the legal owner for a home, you agree to release your claim on the home to permit the current legal owner to subsequently claim the home.
- If someone has claimed your home in error or is no longer the current legal owner for the home, you agree to dispute the claim on the Sites.
- We reserve the right in our sole discretion to block or remove claims on homes made by you.
- You acknowledge that information that you provide about your home will be posted in public areas of the Sites and will be available to anyone who visits our Sites.
- You acknowledge that we may display information about your home from other sources and that there may be discrepancies between the information provided by you and the information provided by these other sources; you hereby release us from liability for any inconsistent information.
Rules for Real Estate Professionals
Information Provided by Real Estate Professionals: If you are a real estate professional, you agree that you will not claim or submit listings that are not represented by you. When you submit or claim a listing, you hereby agree to abide by our Feed Terms.
Trulia User Information Provided to Real Estate Professionals: If you are a real estate professional, you agree that you will not use any information about Trulia users that is transferred to you during your use of the Services (for example, contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with services for which they contacted you. You shall not rent, sell or otherwise provide this information to any third party. Further, you shall not spam, harass or use such information for any illegal or harmful purpose or in any manner that reflects poorly on Trulia. You may only use our Services in compliance with all applicable laws.
Trulia Intellectual Property and Licenses
Trulia Does Not Own Real Estate Source Images: Trulia does not assert copyright ownership or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from third party sources or owners of such information. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Trulia does assert copyright and reserves all right to the search results and associated compilations.
Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), Trulia has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers of other people's copyrights. If you believe that your work has been copied and has been posted or submitted to the Services in a way that constitutes copyright infringement, please provide Trulia's copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Before sending a notice to Trulia, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for Trulia's DMCA Agent for notice of claims of copyright infringement is provided below.
DMCA Agent: Trulia Legal Department
Address: 116 New Montgomery Street, Suite 300, San Francisco, CA 94105, USA
Phone Number: (415) 648-4358
Facsimile Number: (415) 462-5178
Email address: firstname.lastname@example.org
Third-Party Links, Sites, and Services
Our Services may contain links to third-party websites, advertisements, services, special offers, or other events, activities, or content (collectively "Third-Party Materials"). These Third-Party Materials are not under the control of Trulia. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Trulia is not responsible or liable for your use of or access to any Third-Party Materials. Whenever you leave the Services, be aware that your activity outside our Services will not be governed by our Terms or Use or other agreements.
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ALL USE OF OUR SERVICES IS AT YOUR SOLE RISK.
Trulia makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services. Trulia takes no responsibility and assumes no liability for any User Content or other content, including links to webpages, that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Trulia is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Services.
Limitation Of Liability
IN NO EVENT SHALL TRULIA, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFITS, GOODWILL OR 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 SERVICES.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRULIA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Modification of the Services: Trulia reserves the right to modify or discontinue (completely or in part) our Services, or any content appearing therein, in whole or in part. Trulia will not be liable to you or any third party if we exercise this right.
Termination: We reserve the right, with or without notice and in our sole discretion, to terminate any license to the Services and your access to and use of the Services, in whole or in part, and to block or prevent future access to and use of the Services.
Unless you have entered into an additional agreement with Trulia that provides for an alternative dispute resolution mechanism, you agree to any dispute arising between you and Trulia will be governed by the arbitration procedure outlined below.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Trulia, you agree to try to resolve the dispute informally by contacting email@example.com. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Trulia may bring a formal proceeding.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Trulia will pay all arbitration fees for claims less than $75,000. Trulia will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Either you or Trulia may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Trulia agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Trulia consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Trulia, Inc. 116 New Montgomery Street, Suite 300, San Francisco, California 94105
Copyright © 2014 Trulia, Inc. ALL RIGHTS RESERVED.