1. ZILLOW API.

The Zillow API is Zillow’s service that allows preapproved licensees to retrieve certain data relating to residential real estate and mortgages (“Zillow Data”). The Zillow API consists of multiple application program interfaces for retrieving various types of Zillow Data, grouped generally by the type of data being retrieved, and includes, without limitation, calls to retrieve valuation data (the “Home Valuation API”), calls to receive attributes about particular properties (the “Property Details API”), calls to receive information about mortgage rates (the “Mortgage API”), calls to receive information about homes posted for sale (the “Postings API”), and calls to receive information about real estate professionals (the “Reviews API” and the “Directory API”). Zillow may release subsequent versions of the Zillow API and require you to obtain and use the most recent version. New versions may not be compatible with your previous implementation. Zillow will identify releases at www.zillow.com/howto/api/APIOverview.htm.

2. LICENSE TO ZILLOW API & DATA.

If you are approved by Zillow for use of the Zillow API, and subject to these Terms of Use, you may access the components of the Zillow API for which you have received approval, implement such Zillow API components on your Site(s), and distribute the corresponding Zillow Data to consumers for their personal use without charge on your Site(s), all in accordance with the Zillow API Network Branding and Display Requirements. This license is subject to the following restrictions:

• All calls to the Zillow API must reference the ZWSID issued to you as an approved licensee.
• If you are using a general developer ZWSID pursuant to Zillow’s alpha program, when notified by Zillow you must request, obtain and utilize a unique ZWSID.
• You agree that you will provide the Zillow Data to users on “as is” terms, with disclaimers substantially equivalent to those set forth in Sections 7 and 8.
• You agree to keep the ZWSID confidential, and not to share it with any third party. This license is personal to you, and any affiliates must seek and obtain their own license and ZWSID.
• You may not implement the Zillow API or distribute the Zillow Data on a mobile app such that the Zillow API is the primary functionality on the mobile app and/or the Zillow Data makes up the majority of the content on the mobile app.
• You may present the Zillow Data only on a transactional basis. You will not permit your users to access the Zillow Data in bulk.
• You may not retain any copies of the Zillow Data. Your license to Zillow Data is limited to making direct server calls to the Zillow API for the Zillow Data and distributing the Zillow Data to your end user(s) on your Site(s), immediately upon receipt by your servers.
• You may not present the Zillow Data (or permit the Zillow Data to be presented) so that it appears to be available from a third party website.
• You may not use the Zillow Data for direct marketing (i.e., mailing) or telemarketing lists.
• You may not separate address information from the Zestimate^® or Rent Zestimate valuation for the property at that address or the for-sale or for-rent information, if applicable.
• You may not separately extract and provide or otherwise use data elements from the Zillow Data to enhance the data files of third parties.
• You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Zillow API or any data provided by Zillow.
• You are limited to one thousand (1000) calls to the Home Valuations API and the Property Details API per day. Zillow may approve higher daily call limits if you adhere to these API Terms of Use and pass a Zillow audit and review.
• If you become aware that any user of your implementation is in material breach of these API Terms of Use, any provisions you are required to offer under these API Terms of Use, or the terms of Zillow Terms of Use linked pursuant to Section 3 and the Zillow API Network Branding and Display Requirements (the “Applicable Terms”), then you agree to notify Zillow promptly of such breach by e-mail to APINetwork@zillow.com , and to take prompt commercially reasonable corrective action at your expense to remedy such breach. In addition, upon request of Zillow, you will either (a) use commercially reasonable efforts to obtain such equitable relief to prevent harm to Zillow or its licensors, or (b) assign any of your applicable rights to permit Zillow or the applicable licensor to seek such equitable relief. Your obligations to report and enforce the Applicable Terms will survive termination of these API Terms of Use or your use of the Zillow API.

3. LICENSE TO ZILLOW BRAND & LINKS.

You agree, and Zillow grants you a license, to implement the Zillow name, logo(s), and links to the Zillow website (the “Zillow Brand & Links”) on any Site incorporating the Zillow API and/or Zillow Data, in accordance with the Zillow API Network Branding and Display Requirements.

4. ACCEPTABLE USE.

You agree not to use the Zillow API, Zillow Data, or Zillow Brand & Links in any way that is unlawful, or harms Zillow, its service providers, its suppliers, your end users, or any other person. Further, pursuant to Section 10 below, Zillow may terminate your use of the Zillow API, Zillow Data and Zillow Brand & Links if and when Zillow determines that your use is inappropriate.

5. LIMITED RELATIONSHIP.

You and Zillow are independent contractors, and nothing in these API Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the Zillow API, you agree not make any other public statements that assert or imply any other relationship with Zillow, unless you have Zillow’s prior written approval.

6. INDEMNITY.

You agree to hold harmless and indemnify Zillow, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Zillow API or Zillow Data, use of Zillow Brand & Links other than as set forth in the Zillow API Network Branding and Display Requirements, violation of these API Terms of Use or other actions connected with use of Zillow services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Zillow will provide you with written notice of such claim, suit or action.

7. NO WARRANTY.

ZILLOW PROVIDES THE ZILLOW API, ZILLOW DATA, AND ZILLOW BRAND & LINKS “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 AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ZILLOW 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.

8. LIABILITY LIMITATION; EXCLUSIVE REMEDY.

IN NO EVENT WILL ZILLOW 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 API TERMS OF USE OR YOUR USE OF ZILLOW API, ZILLOW DATA, OR ZILLOW BRAND & LINKS, 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 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 API TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST ZILLOW OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ZILLOW API, ZILLOW DATA, AND ZILLOW BRAND & LINKS.

9. INTELLECTUAL PROPERTY.

The Zillow API, Zillow Data, and Zillow Brand & Links are the property of Zillow, and subject to the intellectual property rights of Zillow and its licensors. (c) 2006-2014 Zillow, Inc. All rights reserved.

10. CHANGES.

Zillow reserves the right to change the API Terms of Use, and you are responsible for regularly reviewing these API Terms of Use. Your continued use of the Zillow API and/or Zillow Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. Zillow may suspend or discontinue the Services at any time to you and/or to others, without notice.

11. TERMINATION.

Zillow may change, suspend or discontinue the Zillow API and suspend or terminate your use of the Zillow API, Zillow Data, and/or Zillow Brand & Links at any time for any reason, without notice. You may also terminate by ceasing to use the Zillow API, Zillow Data, and Zillow Brand & Links, removing implementation of the Zillow API from your Site(s), and deleting all copies of the Zillow Data and Zillow Brand & Links.

12. CHOICE OF LAW; DISPUTES.

These API Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree 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 Services and/or these API Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

13. GENERAL.

You represent that you have the authority to bind the organization (if any) identified in your application for the Zillow API. You agree not to export from anywhere any part of the Zillow API, Zillow Data, or Zillow Brand & Links provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If provided to the U.S. government, the Zillow API, Zillow Data, or Zillow Brand & Links are provided with the commercial license rights described herein. If any part of these API Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these API Terms of Use will continue in effect. The section titles in these API Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Zillow may assign these API Terms of Use, in whole or in part, at any time with or without notice to you. You may not transfer, assign, or delegate the API Terms of Use and your ZWSID to any third party. Zillow’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these API Terms of Use constitute the entire agreement between you and Zillow with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Zillow with respect to the Zillow API, Zillow Data, or Zillow Brand & Links.

14. PROPERTY DETAILS API TERMS.

You agree to the following terms, only with respect to the Property Details API:

• You may not use the Zillow Data to provide a service for other businesses.
• You must use commercially reasonable efforts to prevent the Zillow Data from being downloaded in bulk or otherwise scraped. Such efforts include “spider traps,” “C.A.P.T.C.H.A.,” velocity checks, source IP analysis, or other methods that are as effective.
• You may present data on no more than 20 individual properties at a time to any given user (e.g., per Web page).