Advertiser is solely responsible for all: materials submitted to NWHomeTour for inclusion in an Ad, including, without limitation: (i) ad photos, videos, information, URLs, and other content ("Ad Materials"), whether generated by or for Advertiser; and (ii) websites 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 NWHomeTour that it is authorized to act on behalf of and has bound to the terms of this Agreement any third party for which Advertiser places Ads.
NWHomeTour shall, for a period of time as indicated in the corresponding Ad Order (the "Term" or “Subscription Term”), display an Ad including the Ad Materials on www.nwhometour.com and/or other URLs controlled by NWHomeTour (the "NWHomeTour Sites"), and on websites and applications owned or operated by NWHomeTour's authorized licensees (the "Licensee Sites") when applicable. NWHomeTour shall display Featured Agent 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 NWHomeTour Sites or the Licensee Sites served to users who have visited pages for those ZIP codes. The order process may include a prediction of how many times the Ads are estimated to be viewed during the Term and/or how many leads Advertiser will receive but NWHomeTour cannot guarantee the number of views or leads for Ads. Advertiser understands that users of the NWHomeTour Sites and Licensee Sites, automated computers, third parties, and nwhometour.com itself may generate views, impressions or clicks on Advertiser's ads for proper or improper purposes. NWHomeTour has priced the Ads with this risk in mind, and Advertiser accepts this risk in purchasing an Ad.
Although an Ad Order may include an estimate of how many times an Ad will be displayed each month, NWHomeTour cannot guarantee that impressions of the Ad will be uniformly distributed during any month or that the estimated number of impressions will be delivered during the Term.
nwhometour.com may send email to Advertiser, asking Advertiser to confirm the continued currency and accuracy of an Ad. If Advertiser does not respond to the update request within the time frame specified, NWHomeTour may remove the Ad from the NWHomeTour Sites without refunding any prepaid amounts to Advertiser. Advertiser may reinstate the Ad, or revise it with different content, at any time during the remainder of the Term of the Ad.
All Ad purchases are nonrefundable for the term or months that have expired. Refunds will only apply as outlined in Section 3(c.).
Featured Agent Ads run for the Term, then automatically renew for a subsequent equal term. Term renewals are as described below.
NWHomeTour may, in its sole discretion, change the price to be paid by an Advertiser for such Featured Agent Ad, effective as of the beginning of any such renewal term. Advertiser will be notified via email of any change in price and may terminate a Featured Agent Ad by sending an email to email@example.com. Advertiser may also terminate a NWHomeTour Ad by calling NWHomeTour Customer Support at +1 (206) 973-0315. Upon providing notice to NWHomeTour, Advertiser may terminate a Featured Agent Ad before the end of the Term, however: (A) past months are not refundable; (B) if Advertiser cancels during a billing cycle or in the middle of the month, Advertiser will be billed the full amount for the billing cycle or month of the then current Term or Subscription Term, as applicable; and (C) if Advertiser has received a discount, upon early termination, NWHomeTour will hold back from the requested refund an amount equal to the total discount that Advertiser would have received during the months remaining in the Term or Subscription Term (D) a refund will only be applicable to unused months that remain in the term and NWHomeTour will not be responsible for any other charge, refund, expense or cost. Upon providing notice to Advertiser, NWHomeTour may terminate a Featured Agent Ad, effective immediately.
In the event Advertiser or NWHomeTour stops the display of Advertiser's Ads, Advertiser is responsible to restart display, which may require a modification to the Ad Materials. Ads terminated online will cease serving shortly after cancellation or suspension.
NWHomeTour reserves the right to suspend or terminate any Ads program and/or the terms of this Agreement at any time. Sections 1, 2(a), 3, 4, 5, 6, 7, and 8 will survive any termination of this Agreement.
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 NWHomeTour Sites or the Licensee Sites; (b) use any automated means of scraping or data extraction to collect NWHomeTour advertising-related information from any NWHomeTour Site or Licensee Site except as expressly permitted by NWHomeTour in writing; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice. Advertiser represents and warrants to NWHomeTour that it holds and hereby grants NWHomeTour all rights (including any copyright, trademark, patent, publicity or other rights) in Ad Materials, Website Content and Advertised Properties and Services necessary for NWHomeTour 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 NWHomeTour 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 NWHomeTour.
NWHomeTour 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, NWHomeTour AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. NWHomeTour, ITS LICENSEES, AND ITS SUPPLIERS 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 NONINFRINGEMENT, (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, NWHomeTour disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on any NWHomeTour 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 NWHomeTour 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 NWHomeTour 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.
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 NWHomeTour, 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) NWHomeTour 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). Charges are based solely on NWHomeTour's measurements for the Ads program. To the fullest extent permitted by law, refunds (if any) are at the sole discretion of NWHomeTour. Nothing in this Agreement may obligate NWHomeTour to extend credit to any party. Advertiser acknowledges and agrees that any credit card and related billing and payment information that Advertiser provides to NWHomeTour may be shared by NWHomeTour with companies who work on NWHomeTour's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to NWHomeTour and servicing Advertiser's account. NWHomeTour 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. NWHomeTour shall not be liable for any use or disclosure of such information by such third parties.
NWHomeTour may change the terms of this Agreement at any time upon notice and without liability. NWHomeTour may give notice as described in Section 10 below, or NWHomeTour may give notice by updating the terms on the web page located here. NWHomeTour further reserves the right to change or discontinue any or all of the Ads programs at any time with or without notice.
Advertiser agrees that NWHomeTour, or a third party acting on behalf of NWHomeTour, may call and/or send text messages to the telephone number(s) provided by Advertiser, including calls and text messages using an automatic telephone dialing system and/or an artificial or prerecorded voice (“Other Messages”). Advertiser further agrees that such calls and/or text messages may constitute telemarketing, e.g. NWHomeTour may call with information about new service offerings available to Advertiser. Advertiser understands that agreeing to receive Other Messages that constitute telemarketing is not a condition to purchase.
This Agreement is governed by the laws of the State of Washington, 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 King County, Washington for any and all disputes, claims and actions arising from or in connection with the Ads or this Agreement. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses. This Agreement, including the corresponding Ad Order(s), 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 NWHomeTour must be sent to NWHomeTour Inc., 16400 Southcenter Parkway, Suite 302 Seattle, WA, 98188, 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. NWHomeTour and Advertiser are independent contractors, not legal partners or agents. In the event that this Agreement or the applicable Ads program is terminated, NWHomeTour shall not be obligated to return any materials to Advertiser.
All listings are subject to NWHomeTour's Listing Policies and Guidelines (the "Listing Policies") and Users should familiarize themselves with NWHomeTour's Listing Policies prior to entering a property listing on the NWHomeTour website ("nwhometour.com").
All listings entered on NWHomeTour are subject to review by NWHomeTour company personnel ("Listing Review") prior to becoming available for full viewing online. NWHomeTour reserves the right to review any listing entered by a User on NWHomeTour. Although User's listings may be subject to Listing Review, Users remains solely responsible for abiding by the Listing Policies and NWHomeTour's Terms and Conditions. The Listing Policies prohibit User from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates NWHomeTour's Terms and Conditions. By entering listings on NWHomeTour, User warrants and represents that User owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for User to provide, post, upload, input or submit such content. User acknowledges that NWHomeTour cannot police or control all of the content provided by User(s) that is made available on nwhometour.com.
Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on NWHomeTour until the issue in question has been addressed. When conducting Listing Review, new listings added to NWHomeTour are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information), Listing Review will send an email message to the User about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. It is then the sole responsibility of the User to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the site. However, if the User fails to respond to the communication from Listing Review, NWHomeTour in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service.
All fields noted by red font on the listing pages are required fields and must be completed with valid data pertaining to the property being listed ("Required Fields"). Property listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields.
All Address fields on NWHomeTour including Address, City, State and Zip Code are Required Fields. These fields are intended for listing the physical address or intersection of the property being listed. Entering "Confidential," "Call Broker," "Withheld," or any other verbiage designed to withhold, hide, and/or conceal the physical address in the Address or City Name fields is strictly prohibited. NWHomeTour reserves the right to remove any and all property listings with non-address related or invalid information in any address-specific field with or without contacting the listing broker
Property descriptions are for the description of the property that is for sale only. The posting of confidential or personal information including contact name, phone number, fax number, company information or URL links for any contacts including those who are not NWHomeTour members is strictly prohibited in this section. This type of information in the Property Description field will be removed from the listing and the listing broker will receive an email informing them of the change. Habitual violations of this policy will result in NWHomeTour's removal of all of such User's active listings on the Service until all such content has been appropriately rectified.
Properties must be identified with the appropriate property type. Adding the same listings under multiple property types is prohibited.
A valid Sales Price in the List Price field for the listed property is required for all NWHomeTour Sale. NWHomeTour reserves the right to remove all listings that are deemed to have invalid prices or rental rates, including any listing with $0 listed in Sales Price fields.
NWHomeTour prohibits the listing of a single property more than once on the website at the same time. A duplicate is defined as the same physical property listed under more than one property ID. NWHomeTour reserves the right to remove any and all properties that are determined to be duplicates, with or without contacting the User.
Every NWHomeTour Listing Plan includes one listing, however, Users may list an unlimited number of listings on nwhometour.com as long as the User has specified and paid for a plan for each listing and the listing is done in accordance with NWHomeTour's Terms and Conditions.
Photographs posted or affixed to listings must be actual photographs of the property being listed. All such photographs must be either the property of the User or the User must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the User's website or on NWHomeTour's website for the purpose of advertising the subject property. Photographs uploaded that are not directly related to the property being listed, including brokerage company logos, may be removed at the discretion of NWHomeTour.
Users are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the NWHomeTour Service:
Listings on NWHomeTour are for properties that are currently offered for Sale. It is not permitted to post listings on NWHomeTour that have already been sold or are no longer on the market, i.e. posting listings for marketing or advertising purposes. All listings for properties already sold or off-market will be removed.
NWHomeTour offers the ability to search for properties on key words. This is designed to enable searchers to narrow their criteria based on specific requirements. Keyword manipulation is unfair to searchers by returning listings that clearly do not meet their criteria. Keywords identified in the Property Name, Property Description, Location Description or Property Highlights field that are clearly not relevant to the property being marketed will be removed by Listing Review.
Use of profanity or vulgar language in any section of the NWHomeTour database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listings or User information that includes profane language will be removed from the Service immediately.