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This site is the personal page of Anthony J. Witkowski III. I am a recent graduate of Northeastern Law and the two projects are the result of two classes, Internet Law & Information Security Law, in the Fall Quarter of 2017. Please visit the About page for more recent work.

31. Zillow.com

Zillow

Zillow.com is part of Zillow Group and the site's terms fall under the Terms of Use and Privacy Policy of the group. The terms discuss the limits on liability related to third party listings on the site and also indicates that the only remedy for a breach of the terms is to discontinue use of the site, rather than being able to pursue remedies at law. The privacy policy discusses the practice of making Zillow listings available as public real estate data and the potential implications of that sharing. 

Representations & Warranties

 

"ZILLOW GROUP PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZILLOW GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ZILLOW GROUP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (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."

Limitations on Liability

 

"IN NO EVENT WILL ZILLOW GROUP OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST ZILLOW GROUP OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES."

Indemnification

 

"You agree to defend and hold Zillow Group, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services."

Key Definitions

  • "Services"- Our websites, our mobile and desktop applications, our other properties and/or our related services.

Sharing Agreements

 

"In general, Zillow Group uses the information collected from you to communicate with you and operate our Services. Zillow Group also uses this information to respond to your requests and present you with advertising that we believe will be of interest or useful to you.

Your privacy is important and we are committed to protecting information that identifies you personally, where you have chosen to keep it private ("Personal Information"). We will only share Personal Information that you provide outside the public areas of the Services in the following circumstances:

  • Consent. When you consent or direct Zillow Group to share the Personal Information. For example, if you choose to contact a real estate agent or lender through the Services, your name and email address will appear to the recipient of the message.

  • Service providers to Zillow Group. When Zillow Group hires a service provider to help operate the Services or our business, Zillow Group may give access to Personal Information only as necessary to perform the service for Zillow Group, and subject to the terms of this privacy policy.

  • Partners with whom we conduct business.  Zillow Group may give business partners access to Personal Information only as necessary to offer products and services with those business partners, and subject to the terms of this privacy policy

  • Legal obligation or protection from harm. When Zillow Group has a good faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Zillow Group, its users, or the public against harm.

  • Merger or sale. If and when Zillow Group is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Personal Information may be transferred along with the business.

When you provide public information without identifying yourself, we will protect your personal identity as described above. If your account profile does not identify you personally, Zillow Group won't reveal your identity to third parties except in accordance with this policy. You should keep in mind that the information that you choose to provide in a public area of the Services (such as your profile page or the discussion forums) will not be protected by this privacy policy because you have made an active choice to make that information public.  We are not responsible for any Personal Information you choose to submit in any public area of the Services.

When we deliver ads based on data about your use of the Services, we keep your identity anonymous. We won't identify you personally to third parties, except in accordance with this privacy policy. Of course, if you choose to respond to an advertised offer with your name and contact information, you will no longer be anonymous to the advertiser.  Further, while we do not share your Personal Information with third parties unless permitted above, Zillow Group may share aggregate anonymous information with third-parties. This information does not personally identify individuals, but instead provides a helpful understanding of the groups of people who prefer certain types of information and services."