(Last updated February 10, 2014)
1. Subscription Data.
(a) You will provide (i) accurate, current and complete information as may be prompted by any subscription forms or requested by The Washington Post when you subscribe to the Services ("Subscription Data"); (ii) maintain and promptly update the Subscription Data, and other account-related information you provide to The Washington Post, to keep it accurate, current and complete; and (iii) accept all risks of unauthorized access to the Subscription Data and other information you provide to The Washington Post.
(b) If you have not already created an account with The Washington Post, when you purchase Services you will be asked to create an account and choose a password. You are entirely responsible for maintaining the confidentiality of your password and user credentials, and you agree to maintain the security of your password and user credentials. You agree not to use the account, username, or password of another The Washington Post user at any time, and agree to notify The Washington Post immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
2. Your Submissions. Certain of the Services will allow you to submit certain information and materials to The Washington Post, including, without limitation, photographic images, as part of your use of the Services ("Submissions"). Under these Subscription Terms, you agree that you will not post, place or transmit any of the following material using the Services and that your Submissions will not include any of the following material:
(a) any material that violates any Federal, state or local law rule or regulation, including without limitation, any fair housing laws, or any industry or trade group rules or regulations;
(b) any material that is false or may mislead or confuse to users of the Site or Services;
(c) any material that is threatening, defamatory, abusive, obscene, pornographic, or otherwise inappropriate,
(d) any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable; or
(e) any material that promotes bigotry, racism, hatred or harm against any individual or group or that otherwise violates any of the Guidelines.
3. Subscriptions; Payment. The initial term of the Subscription (the "Subscription Term"), benefits, as well as the fees and charges applicable to such Subscription (the "Subscription Fees") are set forth in your order when you purchase the Services and are also described in the receipt we furnish you for your order. Subscriptions will automatically renew for additional renewal periods (as detailed in your order), at The Washington Post's then current fees for the Services ordered unless you request cancellation at least one (1) day prior to the renewal date. You may review your Subscription information in your Account Settings. Subscription Fees and charges and other terms and conditions applicable to the Services are subject to change by The Washington Post at any time by posting such revisions on the Site and/or sending through email notifications to your account's email address. Such changes shall be applicable to any new Subscription Term commencing after such changes are posted on the Site. You agree to pay all Subscription Fees in U.S. Dollars and that all Subscription Fees are non-refundable. You must provide The Washington Post with a valid credit card or other payment method approved by The Washington Post, and you authorize The Washington Post to automatically charge the Subscription Fees in advance or as otherwise indicated in your order for each Subscription Term to such credit card or other payment method until your Subscription is cancelled or otherwise terminated. In the event that Subscription Fees are not paid on a timely basis, including without limitation due to an invalid or expired credit card number, The Washington Post may, in addition to any other available remedies, suspend or terminate your Subscription, and any unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Subscription Fees are exclusive of applicable taxes. You are responsible for paying (a) all taxes, government charges, and (b) reasonable costs and expenses (including collection agency and attorneys' fees and expenses) The Washington Post incurs collecting unpaid amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of The Washington Post. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. Nothing in these Subscription Terms obligates The Washington Post to extend credit to any party.
4. Subscriptions. You are solely responsible for all specifications and content you provide to The Washington Post for the Services including (a) ad targeting locations and all ad content, ad information, and ad URLs ("Creative") whether generated by you or someone on your behalf. You are also responsible for any (b) web sites, services and landing pages which Creative links or directs viewers to. We may provide you with estimated number of impressions or leads associated with a particular Service order, but estimates are not a guarantee of actual impressions or leads delivered and are subject to change depending on traffic, among other things.
5. Representations and Warranties. You hereby represent, warrant and covenant to The Washington Post that:
(a) you have the full right, power and authority to enter into this Agreement;
(b) you will comply with all applicable local, state and federal laws, ordinances, regulations and orders with respect to Submissions, including without limitation the Fair Housing Act;
(c) your Submissions will not infringe upon or violate the rights of any third party and will otherwise comply with Section 2 above;
(d) all information provided by you in connection with the Services will be true and correct;
(e) you will only provide Submissions related to real estate listings for which you have a valid and current contract or agreement with the owner of such real estate listing to list such property; and
(f) if required, you have in effect all licenses and authorizations required by all applicable authorities allowing you to act as a licensed real estate professional.
6. License and Removal of Submissions. The Washington Post is not responsible for, and has no obligation to review, edit or comment on, the content of Submissions provided by The Washington Post users. However, The Washington Post reserves the right in its discretion to (i) delete, disable access to, move or edit Submissions in its sole discretion for any reason or no reason, or (ii) take any other action that The Washington Post deems necessary relating to use or misuse of the Services, including without limitation, modifying Submissions or suspending or terminating your Subscription and/or rights to use the Services. You hereby grant to The Washington Post a perpetual, worldwide, non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions in connection with the Services. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waive any such moral rights.
7. Age Requirements. You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are 18 years of age or older and that you agree to abide by all of the terms and conditions of these Subscription Terms.
8. Cancelling Your Subscription or Services, Termination. You will have the right to cancel the Services at any point by calling The Washington Post Customer Support at 800-381-8279. If you choose to do so, you recognize that it may take up to 96 hours for your advertising campaigns to be removed. Additionally, no amount that you may have prepaid for use of the Services will be refunded and cancellation will be effective at the end of the then current Subscription period. If you violate any of these Subscription Terms, The Washington Post may, in addition to any other rights and remedies it may have, immediately suspend or terminate your Subscription to the Services without any notice or other action by The Washington Post. In the event of such suspension or termination, no amounts that you may have prepaid for use of the Services will be refunded. Because our Services are evolving over time, The Washington Post may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. If The Washington Post discontinues the Services or cancels your Subscription other than for a breach or violation of these Subscription Terms, The Washington Post will either, at its sole option, continue to provide the Services for the remainder of your Subscription Term (up to a maximum of thirty (30) days) or refund you a prorated portion of the Subscription Fees for the current Subscription Term. . Upon any termination, discontinuation or cancellation of the Services or your account, all provisions of these Subscription Terms which by their nature should survive will survive, including, but not limited to, Trulia’s right to use your Submissions, ownership provisions, warranty disclaimers, limitation of liability, governing lawbnv and dispute resolution provisions.
10. Indemnification. You will indemnify, defend and hold harmless The Washington Post, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Services from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' and experts fees and expenses, resulting from (i) any violation of these Subscription Terms, including, without limitation, a breach of your representations and warranties, (ii) any activity related to access to or use of the Services by you or any person accessing the Services through you and/or (iii) any Submission you provide, including without limitation any claim that a Submission infringes or violates a third party's intellectual property or other rights.
11. Disclaimer of Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. The Washington Post DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ACCESSIBLE THROUGH THE SERVICES OR ON THE SITE. The Washington Post DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE OR ACCESSIBLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. The Washington Post IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
12. Limitation Of Liability. IN NO EVENT SHALL The Washington Post, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF 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 SITE, THE SUBMISSIONS OR THE SERVICES. IN NO EVENT WILL TRULIA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE SUBSCRIPTION TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO TRULIA FOR USE OF THE SERVICES GIVING RISE TO SUCH DAMAGES. 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.
14. Arbitration. Any controversy or claim arising out of or relating to these Subscription Terms or the Subscription Service will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either The Washington Post or you may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, as necessary to protect the rights or property of you or The Washington Post.
15. General Terms. These Subscription Terms constitute the entire and exclusive understanding and agreement between The Washington Post and you regarding the Services, and these Subscription Terms supersede and replace any and all prior oral or written understandings or agreements between The Washington Post and you regarding the Services. You may not assign or transfer these Subscription Terms, by operation of law or otherwise, without The Washington Post’s prior written consent. Any attempt by you to assign or transfer these Subscription Terms, without such consent, will be null and of no effect. The Washington Post may freely assign or transfer these Subscription Terms without restriction. Subject to the foregoing, these Subscription Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in these Subscription Terms, the exercise by either party of any of its remedies under these Subscription Terms will be without prejudice to its other remedies under these Terms or otherwise.