Terms of Use

General

NewPoint Media Group, LLC ("NPMG") is pleased to give you access to its RealEstateBook Website (RealEstateBook.com), (the "Site"), free of charge. Your use of the Site, and all information, products and services on this Site (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Services that we put on the Site will be subject to these Terms.

BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTHBELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE. The Site contains links to other Websites. Your use of such other Websites is subject to the Terms of Use, if any, contained within each such Website. If there is any conflict between the Terms set forth below and any Terms or notices set forth on any other Website, then the terms of such other Website will control your use of that Website. Please review the Terms of Use for each Website so that you understand all of the terms that will apply.

In order to use the Services, you need Internet access. You also need equipment to access the Services, including computer, modem and other devices. You are responsible for the costs of your Internet access and the equipment needed, and NPMG is not responsible for any of these costs.

Although we attempt to make sure all of the information on the Site, including but not limited to rental rates, price, square footage, photos, elevation and floorplan images, and lot size, is accurate, by continuing to use this Site, you acknowledge, understand and agree that it may not be current, accurate, or complete and that NewPoint Media Group, LLC and its suppliers do not warrant or guarantee such accuracy. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INFORMATION ON THE SITE BEFORE RELYING ON THAT INFORMATION IN ANY MANNER.

Privacy

Any information that we may collect from you during your use of the Site is subject to our Privacy Policy. We encourage you to read and understand our Privacy Policy which can be accessed at Privacy Policy.

Registration

If you decide to become a registered user of the Site, you will be asked to give us some information about yourself. If you are not registered with us, please register and become eligible for our enhanced registrant benefits.

During the registration process, you agree to give us true, accurate and complete information about yourself, and to promptly update this information when it changes. If you do not update it, we may suspend or terminate your use of the Site as explained below. Any personal information that you provide to us is subject to the terms of our Privacy Policy.

Account Information and Password Protection

When you register, you will be assigned your email address as your user name and you will select a password so that you can access your account with us. You agree that you will keep this information confidential. You are completely responsible for maintaining the confidentiality of your password and for all activities undertaken with your account and password. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. If you think there has been unauthorized use of your account or password, you agree to immediately notify NPMG and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of this Site as explained below. You understand that we are not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.

How You Can Use the Services

You may use the Services on the Site for your personal use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal use, and not for further distribution or transfer to others. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained from the Services, except as set forth in this Agreement.

No License Granted

Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of NPMG. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER NPMG PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.

Orders for Products and Services

We may make certain products available to visitors and registrants of the Web Site. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to NewPoint Media Group, LLC. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.

Protecting Children

NPMG strives to create a truly safe place for children on the Internet and over the airwaves. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist parents in limiting access to content that may be harmful to minors.

Conduct of Registered Users and Visitors

We believe that all registered users and visitors benefit from basic rules regarding conduct while using any of the e-mail services so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Site:

  • You will follow these Terms and all applicable laws;
  • You will never give your password to anyone (no NPMG employee will ever ask for it) and you will not provide your billing or credit information except to make a purchase;
  • You will not harass, threaten or abuse other people when using the Site in any manner;
  • You will not e-mail any User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds, is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
  • You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
  • You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
  • You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresentinga relationship with NPMG; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
  • You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
  • You will not manipulate the Services so as to hide your identity or participation in Services on the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
  • You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services.

Please report any violations of these Terms to webmaster@realestatebook.com .

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your service is terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT NPMG IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.

Disclosure of Your Identity

From time to time we may receive requests to disclose the identities of our users. We only will disclose the identities of ours users or other personally identifiable information in accordance with the terms of our Privacy Policy. See Privacy Policy.

Indemnity

You understand that you are personally responsible for your behavior while on the Site, and agree to indemnify and hold NPMG and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services, or your access to the Site, or your violation of either these Terms or the rights of any third party.

Disclaimer of Warranties

YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT NPMG MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT NPMG DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NPMG DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NPMG OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF NPMG HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

Access Restrictions; Termination

We can terminate your access to the Site or the Services at any time.

We can also change these Terms at any time, and your continued use of the Services after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Services. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.

Scheduled and Unscheduled Site Down Times

In order to ensure that you have the latest information and the best tools for your new home search, realestatebook.com regularly performs site maintenance. However, there may be other delays and service interruptions from time to time. We apologize for any inconvenience this may cause you. If you have questions regarding this, please contact webmaster@realestatebook.com .

Copyrights

All content on the Site is owned by NewPoint Media Group, LLC and/or its licensees and protected by applicable law, with all rights reserved. NPMG takes the protection of intellectual property rights, including copyrights, very seriously. NPMG will terminate your access to, or use of, the Site and/or the services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to NPMG if they have a good-faith belief that their protected works are being infringed. NPMG will respond to all such notifications that are sent to:

NewPoint Media Group, LLC
1550 North Brown Road, Suite 155
Lawrenceville, GA 30043
Attn: Copyright Disputes
(770) 962-7220
(770) 822-4327 (fax)
webmaster@realestatebook.com

To be effective, the notification must be a written communication that includes:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of such notification, NPMG shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After NPMG removes or disables access to such material, if such material was posted by a user of the Site, NPMG will notify the party that posted the material of its action. Such party may then provide NPMG's designated agent proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which NPMG will forward to the alleged copyright owner. NPMG will inform the alleged copyright owner that NPMG will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to NPMG's designated agent stating that it has filed suit against the alleged infringer.

An effective counter-notification must be sent to NPMG's designated agent, whose name and address are listed above. The notice must include the following information:

  • The counter-notifying party's physical or electronic signature;
  • Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
  • A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign,it consents to any jurisdiction where NPMG is subject to jurisdiction, and that the subscriberwill accept service of process from the person who provided NPMG with notification or an agent of such a person.

Equal Housing Opportunity

All real estate advertising on the Site is subject to the Fair Housing Act, which makes it illegal to advertise any preference limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention, to make any such preference, limitation or discrimination. Familial status includes children under the age of 18 living with parents or legal custodians; pregnant women; and people securing custody of children under 18.

NPMG will not knowingly accept any advertising for real estate which is in violation of the law. All visitors to the Site are hereby informed that all dwellings advertised in this Site are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development toll-free at 800-669-9777. The toll-free telephone number for the hearing impaired is 800-927-9275.

Trademarks

The Real Estate Book, Mature Living Choices, Senior Living Choices, New Home Finder and realestatebook.com are trademarks of NewPoint Media Group, LLC. Other trademarks are the property of NewPoint Media Group, LLC or their respective owners.

Miscellaneous

These Terms are the entire agreement between you and NPMG. They supersede any and all prior or contemporaneous agreements between you and NPMG relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Georgia, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by NPMG for any violation of NPMG's proprietary or other rights, any and all disputes relating to these Terms, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Lawrenceville, GA, USA. You can direct any questions concerning these Terms to:

NewPoint Media Group, LLC
1550 North Brown Road, Suite 155
Lawrenceville, GA 30043
Attn: Website Terms

TREB Text ™ by The Real Estate Book®

Terms Of Use

These TREB Text ™ Terms of Use (Ads Terms or the "Agreement") govern the placement of Listings ("Standard Listings") advertisements (each, an "Ad" and collectively, "Ads") with NewPointMedia Group, LLCD doing business as The Real Estate Book ® and /or TREB Text ™ ("TREB Text") by the customer ("Advertiser") placing an Ad order (an "Ad Order"). If an ad is purchased through a sales representative or via phone with TREB Text inside sales, Advertiser is purchasing the Ad directly from TREB Text. In either case, TREB Text and Advertiser agree and acknowledge that these Terms of Use apply. Advertiser shall protect any Advertiser password(s) and takes full responsibility for any use of any Advertiser account(s) on therealestatebook.com .

1. Policies

Advertiser shall use Ads subject to the The Real Estate Book Advertising Content and Image Guidelines , the The Real Estate Book Privacy Policy , the Terms of Use for the The Real Estate Book Site(s), and other policies and requirements published by The Real Estate Book and LocalSmart Mobile from time to time (collectively, "Policies"). The Policies areincorporated by reference herein and The Real Estate Book and LocalSmart Mobile may modify the Policies at any time. Further, Advertiser may not include in the screen and profile names that are displayed in the Ad any language other than Advertiser's first and last name and/or the name of Advertiser's business. The Real Estate Book and LocalSmart Mobile reserves the right to refuse any advertisement, for any reason.

2. Ads Program

  1. Advertiser Responsibilities. Advertiser is solely responsible for all: (i) ad photos, information, URLs, and other content ("Ad Materials"), whether generated by or for Advertiser; and (ii) web sites and landing pages to which Ad Materials link or direct users, and the advertised properties and services on such pages, ((i) and (ii), collectively "Advertised Properties and Services"). Advertiser represents and warrants to The Real Estate Book and LocalSmart Mobile that it is authorized to act on behalf of and has bound to these Ads any third party for which Advertiser places Ads.
  2. Display. The Real Estate Book and LocalSmart Mobile shall, for a period of time as indicated in the corresponding Ad Order (the "Term"), display an Ad including the Ad Materials on therealestatebook.com and related URLs controlled by The Real Estate Book and LocalSmart Mobile (the "The Real Estate Book Sites"), and on websites owned or operated by The Real Estate Book’s authorized licensees (the "Licensee Sites") when applicable. The Real Estate Book and LocalSmart Mobile shall display Ads on search results pages for areas located in, and within close proximity to, the ZIP code designated by Advertiser, or on other pages on the The Real Estate Book and LocalSmart Mobile Sites or the Licensee Sites served to users who have visited pages for those ZIP codes. The Real Estate Book and LocalSmart Mobile shall display Ads to users whose search queries match the advertised property. The order process may include a prediction of how many times the Ads will be viewed during the Term, but The Real Estate Book and LocalSmart Mobile cannot guarantee the number of views for Ads. Advertiser understands that users of the The Real Estate Book Sites and LicenseeSites, automated computers, third parties, and The Real Estate Book itself may generate views, impressions or clicks on Advertiser's ads for proper or improper purposes. The Real Estate Book and/or LocalSmart Mobile has priced the Ads with this risk in mind, and Advertiser accepts this risk in purchasing an Ad.
  3. Ad Correction. The Real Estate Book and LocalSmart Mobile does not review all Ads prior to display, but The Real Estate Book and LocalSmart Mobile or users of the The Real Estate Book Sites or the Licensee Sites may identify concerns with any given Ad. The Real Estate Book and LocalSmart Mobile may send Advertiser an email notifying Advertiser to modify Ad Materials as posted, due to error or due to a violation of these Terms, the Policies, the Terms of Use for the The Real Estate Book Sites, or for any other reason. If Advertiser does not modify the Ad Materials to comply after notice, The Real Estate Book and LocalSmart Mobile will not be required to display the corresponding Ad or to refund any prepaid amounts to Advertiser. Alternatively, The Real Estate Book and LocalSmart Mobile has the right, but not the obligation, to modify the Ad Materials for format, spelling, or other matters of presentation, or to comply with the Terms, the Policies, or the Terms of Use for the The Real Estate Book Sites. Advertiser grants The Real Estate Book and LocalSmart Mobile permission, if The Real Estate Book and LocalSmart Mobile so chooses in its discretion, to utilize an automated software program to retrieve and analyze websites associated with the Advertised Properties and Services for ad quality and serving purposes.
  4. Ad Updates. The Real Estate Book and LocalSmart Mobile may send email to Advertiser, asking Advertiser to confirm the continued currency and accuracy of a Standard Listing Ad. Typically, The Real Estate Book and LocalSmart Mobile will send such updates monthly, and Advertiser will have fifteen (15) days to respond. If Advertiser does not respond to the update request within the time frame specified, The Real Estate Book and LocalSmart Mobile may remove the Standard Listing Ad from the The Real Estate Sites without refunding any prepaid amounts to Advertiser. Advertiser may reinstate the Standard Listing Ad, or revise it with different content, at any time during the remainder of the Term of the Standard Listing Ad.
  5. Agent and Lender Co-Marketing. Advertisers who participate in a co-marketing program understand and agree that the relationship between the agent (“Advertiser”) and the lender in such program is strictly limited to a co-marketing arrangement under which the lender pays The Real Estate Book and LocalSmart Mobile to appear in the Agent Advertiser’s Ads on Zillow. The Agent Advertiser will be responsible for any amounts not paid by a lender (or lenders) for the Agent Advertiser’s Ads. In the event that a co -marketing lender does not pay the amount billed by The Real Estate Book and LocalSmart Mobile, The Real Estate Book and LocalSmart Mobile will charge the corresponding Agent Advertiser the outstanding amount due on their Agent Ad subscription.
  6. Changes to Listing Ads Terms. The Real Estate Book and LocalSmart Mobile may change these Terms at any time upon notice and without liability. The Real Estate Book and LocalSmart Mobile may give notice as described in Section 8 below, or The Real Estate Book and LocalSmart Mobile may give notice by updating the terms on this web page.

3. Termination

  1. Nonrefundable. All Ad purchases are non-refundable.
  2. Termination of Ads by Advertiser. Standard Listing Ads run for the Term, then terminate as described below.
  3. Ads purchased via The Real Estate Book and LocalSmart Mobile Inside Sales or via the The Real Estate Book Sites; No Refund; Repayment of Discount for Early Termination. After the initial Term, an Ad sold via phone by a The Real Estate Book and/or LocalSmart Mobile inside sales representative or purchased via the The Real Estate Book Sites will continue on a month-to-month basis until terminated by the Advertiser. Zillow may, in its sole discretion, change the price to be paid by an Advertiser for such Ad, effective as of the beginning of any such monthly renewal term. Upon providing notice to The Real Estate Book and LocalSmart Mobile, Advertiser may terminate an Ad purchased from The Real Estate Book and/or LocalSmart Mobile inside sales before the end of the Term, however: (A) prepaid amounts are not refundable; and (B) if Advertiser has received a discount, upon early termination, Zillow will charge Advertiser’s credit card an amount equal to the total discount that Advertiser received for the months prior to early termination.
  4. Survival. The Real Estate Book and LocalSmart Mobile reserves the right to terminate the Ads program and/or these Terms at any time. Sections 1, 2(a), 3, 4, 5, 6, 7, and 8 will survive any termination of this Agreement.

4. Prohibited Uses; License Grant; Representations and Warranties

Advertiser shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions for Advertiser's own advertisements or any other advertisements on the The Real Estate Book Sites or the Licensee Sites; (b) use any automated means of scraping or data extraction to collect The Real Estate Book and LocalSmart Mobile advertising related information from any The Real Estate Book Site or Licensee Site except as expressly permitted by The Real Estate Book and LocalSmart Mobile in writing; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice. Advertiser represents and warrants to Zillow that it holds and hereby grants The Real Estate Book and LocalSmart Mobile all rights (including any copyright, trademark, patent, publicity or other rights) in Ad Materials, Website Content and Advertised Properties and Services necessary for The Real Estate Book and LocalSmart Mobile to operate the Ads program (including any rights needed to use, reproduce, modify, distribute, perform, display, and create derivative works of Ad Materials) in connection with this Agreement. Advertiser represents and warrants to The Real Estate Book and LocalSmart Mobile that all Advertiser information provided in connection with Advertiser's account and any Ad Order is complete, correct and current. Further, Advertiser represents and warrants that, regarding any rights granted by Advertiser hereunder, Ad Materials, Website Content and Advertised Properties and Services will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights (including intellectual property rights). Violation of the foregoing may result in immediate termination of Advertiser's Ad Order(s) and/or Advertiser's account without notice, without limiting any other remedies available to The Real Estate Book and LocalSmart Mobile.

5. Disclaimer and Limitation of Liability

The Real Estate Book and LocalSmart Mobile PROVIDES THE ADS PROGRAMS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Real Estate Book and LocalSmart Mobile AND ITS DISTRIBUTORS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. The Real Estate Book and LocalSmart Mobile, ITS LICENSEES, AND ITS DISTRIBUTORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, The Real Estate Book and LocalSmart Mobile disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on any The Real Estate Book Site or Licensee Site, or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the The Real Estate Book Site(s) or the Licensee Site(s). EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO ZILLOW BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

6. Payment

Advertiser shall be responsible for all charges as provided via Advertiser's account, and shall pay all charges in U.S. Dollars. For purchases directly from The Real Estate Book and LocalSmart Mobile, charges are made against Advertiser's credit card at the time of purchase. In the event Advertiser fails to pay, unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Charges are exclusive of applicable taxes. Advertiser is responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) The Real Estate Book and LocalSmart Mobile incurs in collecting unpaid amounts. To the fullest extent permitted by law, Advertiser waives all claims relating to charges (including any claims for charges based on suspected invalid clicks) unless claimed within sixty (60) days after the charge (without prejudice to Advertiser's credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of The Real Estate Book and LocalSmart Mobile. Nothing in these Ads Terms may obligate The Real Estate Book and LocalSmart Mobile to extend credit to any party. Advertiser acknowledges and agrees that any credit card and related billing and payment information that Advertiser provides to The Real Estate Book and LocalSmart Mobile may be shared by The Real Estate Book and LocalSmart Mobile with companies who work on The Real Estate Book and LocalSmart Mobile 's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Zillow and servicing Advertiser's account. The Real Estate Book and LocalSmart Mobile may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. The Real Estate Book and LocalSmart Mobile shall not be liable for any use or disclosure of such information by such third parties.

7. Indemnification

Advertiser shall indemnify and defend The Real Estate Book and LocalSmart Mobile, Newpoint Media Group, LLCD and its Distributors, , authorized licensees, suppliers, agents, affiliates, and licensors from any third party claim or liability arising out of: (i) Ad Materials, (ii) Advertised Properties and Services, (iii) Website Content, (iv) Advertiser's violation of federal, state, local or any other laws or regulations; and (v) Advertiser's breach of this Agreement or any other applicable terms and conditions.

8. Consent

Advertiser consents to receive telemarketing calls and/or text messages using an automatic telephone dialing system and/or an artificial prerecorded voice from or on behalf of The Real Estate Book and LocalSmart Mobile at the telephone number(s) provided by Advertiser. Advertiser understands that they are not required to provide such consent as a condition to purchasing any good or service from The Real Estate Book and LocalSmart Mobile.

9. Miscellaneous

These Terms are governed by the laws of the State of Gerogia, without giving effect to its conflict of laws provisions. Advertiser agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Gwinnett County, Georgia for any and all disputes, claims and actions arising from or in connection these Terms. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses. This Agreement, including the corresponding Advertising Agreement constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void. Advertiser may grant approvals, permissions, extensions and consents by email, but any modifications by Advertiser to the Agreement must be agreed upon in a writing executed by both parties. Any notices to The Real Estate Book and LocalSmart Mobile must be sent to The Real Estate Book and LocalSmart Mobile attn.: Customer Support, 1550 North Brown Road, Suite 155, Lawrenceville, GA 30043, with a copy to Legal Department, via registered mail with return receipt or air mail or overnight courier, and are deemed given upon receipt. Notice to Advertiser may be effected by sending an email to the email address specified in Advertiser's account, or by posting a message to Advertiser's account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for a message). A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Advertiser may not assign any of its rights hereunder and any such attempt is void. The Real Estate Book and LocalSmart Mobile, Newpoint Media Group, LLC, and Advertiser are independent contractors, not legal partners or agents. In the event that these Terms are terminated, The Real Estate Book and LocalSmart Mobile shall not be obligated to return any materials to Advertiser.

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