We provide this website (the "Site") and the associated products and services (the "Products and Services") available thereon
As used in this Site, certain capitalized terms shall have the following meanings.
- Affiliate User means an organization that has established a separate business relationship with Zaio for the purposes of handling transactions
through one or more Products or Services operated through the Site.
- Agent or Real Estate Agent means a real estate broker, sales person, agent, associate broker or similar licensed real estate professional.
- Appraiser means a licensed real estate appraiser, appraisal company or similar appraisal professional.
- Appraiser Profile means a description of an Appraiser's general background and experience.
- Covered Party means Zaio, its successors, representatives, principals, employees, servants, agents, administrators, attorneys, affiliated
corporations, parent corporations and subsidiaries.
- Homeowner means a person who owns a residence and may be considering its sale or a person who is actively interested in purchasing a home.
- User means any user of the Products or Services, including but not limited to Appraisers, Real Estate Agents, Affiliates, Homeowners.
2. Intellectual Property; Limited License to Users
The Products and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents,
trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"),
provided herein or through a separate written contract between you and Zaio: (i) Zaio and its suppliers do not grant
any express or implied rights to use the Products and Services; and (ii) you agree not to copy, republish, download,
transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display,
perform, license, sublicense or reverse engineer the Site, Products or Services, any portions of the Site, Products or
Services or the selection and arrangement of the Site, Products or Services, except as expressly authorized herein.
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Zaio or other third parties.
You are not permitted to use the Marks without the prior written consent of Zaio or such third party that may own the Marks.
You may not remove or obscure any copyright notice or other proprietary notices contained in any Products or Services
retrieved through this Site. To the extent you are permitted to make copies of any Products or Services or their output,
you must retain all copyright and other proprietary notices contained in the original materials on any copies you make.
3. Acceptance of Terms
When using particular Products and Services, you and Zaio shall be subject to any posted policies, guidelines or rules applicable
By using the Products and Services, you are agreeing, without limitation or qualification, to be bound by, and to comply with,
these Terms and Conditions and any other posted guidelines or rules applicable to any individual Product or Service. All such
guidelines and rules are hereby incorporated by reference into these Terms and Conditions.
4. Products and Services Provided by Zaio
5. License, Privacy and Site Access
Users under the age of 13 are prohibited from using the Products and Services or the Site; the Site is intended for Users 18 years or
older who have the legal capacity to enter into enforceable contracts. Provided that you are not under the age of 13, we hereby grant
you a personal, non-exclusive, non-transferable, revocable license to access our Site and the Products and Services (the "License").
The License will terminate immediately without notice from us, in our sole discretion, should you fail to comply with any term or
by Zaio to access any Products and Services available on the Site, you agree that you will be personally responsible for maintaining the
confidentiality of any such password and account and for all activities that occur under such password or account. You further agree to
(a) immediately notify Zaio of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. Zaio will not be liable for any loss or damage arising from your failure to comply with
possible violations, we may initiate an investigation that may include gathering information from you or any User involved and the
complaining party, if any, and examination of other material. We may suspend the provision of our Products and Services temporarily,
or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate
your access to our Site. We will determine what action will be taken in response to a violation at our sole discretion. We will fully
cooperate with law enforcement authorities in investigating suspected lawbreakers.
6. Registration Policy
In order to use certain Products and Services, you will be required to register with Zaio. In consideration of your
use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or Zaio has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Zaio has the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
at the bottom of each web page on the Site.
8. Policies Specific to User Types
a. All Users. You agree not to use any Products or Services provided by Zaio to impersonate or portray another person or entity,
to communicate under a false name or name you are not authorized to use, or otherwise engage in false or fraudulent practice.
b. Zone Owners and Area Developers. If, pursuant to a separate agreement with Zaio, you act as a Zone Owner or Area Developer,
then you agree to: (i) always submit true, current and complete information about yourself for the Appraiser Profile to Zaio; (ii)
maintain and promptly update your Appraiser Profile to keep it true, current and complete; (iii) always submit true, current and
complete information about properties, appraisals and other information to Zaio and its Users; (iv) never transfer or assign your
rights nor share or distribute your own or any other User's name or password information to anyone; and (iv) not use the information
obtained through Zaio or the Site to locate, identify or directly contact any Homeowner or User in any manner without prior express
written permission from Zaio.
c. Lenders, Brokers and Real Estate Agents. If you are a Real Estate Agent, Mortgage Broker, Mortgage Lender (or the representative
of a Real Estate Agent, Mortgage Broker or Mortgage Lender), you agree: (i) that Zaio is completely independent from you, and that your
use of the Products or Services or the Site does not (and is not intended to) create any agency, partnership, joint venture,
employee-employer, franchisee-franchiser or other type of relationship; (ii) to pay Zaio for all Products and Services you order in a
timely fashion and that the attempted cancellation of an order by you for products or Services will not relieve you from the
responsibility to pay Zaio in full for that order; (iii) to pay late fees, invoicing fees and interest in the greater of 1.5% per
month (or, if less, the largest amount allowed by law) interest on any amounts which are due and owing for more than 30 days;
and (iv) to pay the full amount of cancellation fees on any cancelled orders and/or other service fees, according to the fee
schedules published from time to time by Zaio. Certain Users who place more than 25 orders per month with Zaio may request a
waiver of cancellation fees through the execution of a separate cancellation fee waiver agreement with Zaio.
9. Zaio Spam Policy; Other Misuses
As a User you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working
of the Site or any service being performed by the Site, or to take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. You are also prohibited from using the Products and Services to post or send (a) messages that
are unrelated to a particular topic of discussion of a news group or message board facilitated by Zaio, (b) unsolicited commercial
email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes, or (f) messages advertising
goods or services that are addressed to a recipient with whom you do not have an existing business or personal relationship or is not
sent at the request of, or with the express consent of, the recipient (collectively, "Spam"). Other types of Internet abuse which also
qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster
than other Users of the Products and Services are able to type, or otherwise acting in a manner that negatively affects another User's
ability to engage in real-time exchanges, (ii) using "bots" or otherwise harvesting other Users' email addresses from the Zaio site for
purposes of sending unsolicited or unauthorized material, and (iii) uploading, posting, emailing, or transmitting the same message, URL,
or post multiple times. In addition to any of the foregoing, electronic messages sent or caused to be sent using the Products and Services
may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique
to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid
or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a
third party's computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names.
notice, of the violators ID and/or any other of the violator's rights or access associated with Zaio including, but not limited to, email
accounts, posts and profiles. Nothing in this policy is intended to grant any right to transmit emails or messages to or through the Site.
Zaio does not waive any rights by the failure to enforce this policy in every instance in which it might apply.
10. Links to Third Party Sites; Links to Zaio.com
The Site and Products and Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control
of Zaio and Zaio is not responsible for the contents of any Linked Site including, without limitation, any link contained in a Linked Site,
or any changes or updates to a Linked Site. Zaio is not responsible for any form of transmission received from any Linked Site nor is Zaio
responsible if the Linked Site is not working appropriately. Zaio is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Zaio of the Linked Site or any association with its operators, or guarantee that the content
Linked Sites. Further, Zaio is under no obligation to link to any site.
You may provide hot links to the Site from locations outside Zaio provided in each case that you (a) link only to the home page
www.zaio.com, (b) do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices on the
Site, (c) give Zaio timely notice of such link by sending an e-mail message to info@Zaio.com, and (d) discontinue providing hot
links to Zaio if notified by Zaio.
11. Submitted Content
In many cases, Users of the Site may be allowed to submit content to the Site, including but not limited to data and information relevant
to appraisal issues and markets (collectively, the "Content"). Except as noted in the next Section, Zaio does not claim ownership of
any Content submitted by Users, but by submitting such Content Users grant Zaio a nonexclusive, worldwide license to link to, reproduce,
distribute, adapt, promote, display and sublicense submitted Content. Zaio reserves the right to remove any Content at any time, with no
obligation to notify the original submitter of the Content. Publication of any submitted Content is at the sole discretion of Zaio.
Individuals submitting Content certify that they own the Content being submitted, or otherwise have the right to freely redistribute the
Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party including,
but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Individuals submitting
Content certify that their submissions contain no elements and produce no results that are defamatory, obscene or in violation of any law.
Individuals submitting Content further certify that their submissions contain no harmful or destructive content or output including, but not
limited to any viruses, worms and Trojan horses. Zaio assumes no liability with respect to disputes over Content ownership, copyright or
trademarks. In the event that Zaio is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred,
Zaio will remove the Content in question in a timely manner, with no obligation to notify the original submitter of the Content in question.
If you believe that Content or any other material included on the Site is your proprietary work and has been copied in a way that constitutes
an infringement of your copyrights in that work, please immediately notify Zaio of any such copyright or other intellectual property rights
infringement at firstname.lastname@example.org, in the manner set forth below. All reports and inquiries will be kept confidential, except to the extent
please ensure you provide all of the following information: (i) a detailed description of the Content on the Site that you, in good faith,
believe is an infringement of your ownership rights; (ii) a statement by you that you have a good faith belief that the disputed use has not
been authorized by you, the copyright owner; (iii) a statement by you declaring under penalty of perjury that (A) the foregoing information
is accurate, and (B) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the actual owner,
and (C) your physical address, telephone number and email address. Zaio will remove the infringing posting(s), subject to the procedures
outlined in the Digital Millennium Copyright Act (DMCA). As a general matter, Zaio does not pre-screen User or third party Content posted on
the Site, except for certain areas where Zaio may employ certain automated screening software, although Zaio reserves the right to do so.
Zaio does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all.
Zaio reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or
any other rules or guidelines posted by Zaio.
12. Disclaimer of Warranties/Limitation of Liability
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY,
QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, SUBMITTED CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE
SERVICE, AND YOU SHOULD NOT RELY UPON THEM. DATA PROVIDED BY ZAIO IS OBTAINED FROM PUBLIC RECORDS, AND OTHER OUTSIDE SOURCES, AND HAS
NOT BEEN IDNEPENDENTLY CONFIRMED BY ZAIO. WE PROVIDE SUCH DATA, THE PRODUCTS AND SERVICES ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE THEM
AT YOUR OWN RISK, AND ZAIO AND THE COVERED PARTIES ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN THEIR CONTENT OR DELIVERY, OR FOR ANY FORM
OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT
FROM THEIR USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
AW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER ZAIO NOR ANY COVERED PARTY SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13. User Warranties; Indemnification
You as a User represent and warrant that (a) any information that you provide to Zaio through your use of the Site is true and accurate, (b)
you will at all times comply with all applicable laws, rules, and regulations with respect to your use of Zaio, and (c) you will comply at
to, or transmitted via Zaio by you.
adequate remedy at law, and that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation
you for any and all other remedies available at law or in equity.
We operate and control our Site from our location in the Province of Alberta, in Canada. We make no representation that
any information, materials or functions included on or through our Site are appropriate for use in any other jurisdiction. If you choose to
access our Site from locations other than within the Province of Alberta, you do so on your own initiative and are responsible for compliance
and construed in accordance with, the laws of the Province of Alberta. You further agree that any legal action or proceeding between you and
jurisdiction sitting in Province of Alberta, Canada and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and
venue of such courts.
16. No Waiver; Severability
unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision
that is the closest to the intention underlying the unenforceable provision.
update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site.
We reserve all rights to add to or withdraw data Products and Services and other features to the Site, or to discontinue the Site, at
our sole discretion and without notice. Zaio does not guarantee continuous, uninterrupted or secure access to the Products and Services,
and operation of the Site may be interfered with by numerous factors both inside and outside of our control. From time to time, system
maintenance may be necessary, and, under such circumstances, Zaio will use commercially reasonable efforts to notify registered Users in
advance by posting a message on the Site and/or sending an e-mail notice to registered Users e-mail addresses on file at Zaio.