TRULIA TERMS OF USE

Effective Date for New Users: May 23, 2013 / Effective Date for Current Users: June 23, 2013

Welcome to Trulia! Trulia is a real estate information service. We help to connect people in the residential real estate market, whether they are buyers, sellers, renters, lessors, mortgage-seekers, lenders, or just people researching what's out there. Trulia and its subsidiaries and affiliates (collectively, "Trulia") provide you with access to a variety of services, including the www.trulia.com website and Trulia's mobile applications (collectively, the "Services"). Access to and use of Trulia's Services is governed by these Terms of Use.

You are allowed to use our Services only if you can form a binding contract with us, and only in compliance with our Terms of Use and all applicable laws.

The following terms and conditions apply to everyone who uses Trulia's Services (including real estate professionals), and they govern the relationship between Trulia and our users during their use of Trulia's Services.

Please read these Terms carefully before using our Services. By accessing and using our Services, you explicitly agree to comply with and be bound by our Terms of Use.

The Services We Provide

Our Services: Our Services include the real estate search services on Trulia Widgets, Trulia Voices, Trulia Neighborhood Ratings, and other content, products, and services available on the www.trulia.com and Trulia mobile applications. The Services may sometimes be located on third-party Web sites or applications, either as links from an add-on service to, or otherwise in connection with, Web sites or applications that those third parties control. Our Services also include paid products and services. By purchasing or using our paid products and services, you agree to our Subscription Terms and Conditions.

None of Our Services Is an Offer or Promise to Sell: Nothing contained in the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.

Be Honest With Us: The information we collect from users of our Services, including during the registration process for our users (including real estate professionals) is detailed in our Privacy Policy. When you create an account, you must provide us with accurate and up-to-date information, for which you are solely responsible.

Deal with Us in Good Faith: By creating an account, you agree that you are signing up for Trulia's Services in good faith, and that you mean to use them only for their intended purposes as real estate information tools and for no other reasons.

Security: While Trulia works to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.

By using certain of our Services, you agree that Trulia may create a user account for you on our services. You can learn about our policies for data collected via user accounts in our Privacy Policy. Like all our accounts, you may delete it at any time. By using our Services and providing us with your email address, you agree that we can send you emails about our Services. You can unsubscribe from these emails through the instructions in any of these emails or update your preferences in the My Trulia section of the website.

Our Rules About Your Data Privacy

Trulia's Privacy Policy Governs Our Collection, Use, and Disclosure of Your Data: Our Privacy Policy and governs our collection, use, and disclosure of your personal information, is incorporated into this Terms of Use. Please read it carefully. It describes what information we collect from you and when, how and why we may create an account for you, who we share your information with and when and how you can opt-out or delete your account. This is important information. By using our Services, you consent to our Privacy Policy.

Our Rules About Your Content

Your Content Is Your Responsibility: You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (collectively "User Content") that you post, submit, publish, display or link to through the Services or send to other Trulia users. At all times, you promise to adhere to the Trulia Community Guidelines, which are incorporated into these Terms of Use.

Trulia May Choose to Monitor User Content: Trulia does not approve, control, or endorse your or anyone else's User Content, and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use.

Be Truthful : You agree to provide accurate, complete, current, and truthful information when you add or edit facts about your home, or otherwise provide content via the Services.

Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful.

Do Not Violate Others' Rights : You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.

You Grant Trulia a License to Use Your Content: When you provide User Content via our Services, you grant Trulia a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for content you provide to us.

Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to Trulia may be redistributed through the Internet and other media channels, and may be viewed by the general public.

We reserve the right in our sole discretion to edit or remove information or materials provided by you.

Terms Involving Claiming Your Home

  • You will only claim homes for which you are the current legal owner, and you represent and warrant that the home you are claiming is owned by you and that the details you provide about your home are accurate.
  • You will be required to confirm your email address in order to add or edit facts about your home.
  • If you are no longer the legal owner for a home, you agree to release your claim on the home to permit the current legal owner to subsequently claim the home.
  • If someone has claimed your home in error or is no longer the current legal owner for the home, you agree to dispute the claim on our website.
  • We reserve the right in our sole discretion to block or remove claims on homes made by you.
  • You acknowledge that information that you provide about your home will be posted in public areas of the website and will be available to anyone who visits the site.
  • You acknowledge that we may display information about your home from other sources and that there may be discrepancies between the information provided by you and the information provided by these other sources; you release us from liability for any inconsistent information.

Rules for Real Estate Professionals

Information Provided by Real Estate Professionals

If you are a real estate professional, you agree that you will not claim or submit listings that do not belong to you. When you submit or claim a listing, you hereby agree to abide by the Feed Terms. Please review the Feed Terms here.

Trulia User Information Provided to Real Estate Professionals

If you are a real estate professional, you agree that you will not use any information about Trulia users that is transferred to you during your use of Trulia's Site or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with real estate services. You further agree never to use such information for any illegal or harmful purpose.

Intellectual Property and Licenses

Trulia Grants You a Limited License to Our Services: Subject to these Terms of Use and any other policies we create, we grant you a limited, non-sublicensable right to access this Site, use our Services, and print the Materials for your personal, non-commercial, and informational use only. This license does not allow you to copy or sell our Services or Materials; scrape or mine our Site, Services, or Materials; or frame any part of our Site or Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site or Services, and to block or prevent future access to and use of the Site or Services.

Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of our Site or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use.

Our Materials Are Protected: All materials in Trulia's Site and Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively "Materials"), are proprietary property of Trulia, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing "Trulia" or any other name, trademark, or product name of Trulia without our permission.

Our Use of Third Parties' Marks Does Not Imply Endorsement: All other trademarks, registered trademarks, product names, and logos appearing on our Site and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. Trulia Does Not Own Real Estate Source Images: Trulia does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. Trulia uses these images and excerpted descriptions only as necessary to generate search results as navigational tools to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Trulia does assert copyright and reserves all right to the search results and associated compilations.

Maponics Neighborhood Boundaries © Maponics, LLC 2009 Duplication is Strictly Prohibited.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), Trulia has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Trulia's copyright agent the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Before sending a notice to Trulia, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for Trulia's Copyright Agent for notice of claims of copyright infringement is provided below.

DMCA Agent:
Trulia Legal Department
Address:
116 New Montgomery Street, Suite 300.
San Francisco, CA 94105
USA
Phone No.:
(415) 648-4358
Facsimile No.:
(415) 462-5178
Email address
dmca@trulia.com

Third-Party Links, Sites, and Services

Our Site and Services may contain links to third-party Web sites, advertisements, services, special offers, or other events, activities, or content (collectively “Third-Party Materials”). These Third-Party Materials are not under the control of Trulia. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Trulia is not responsible or liable for your use of or access to any Third-Party Materials. Whenever you leave Trulia's Site or Services, be aware that your activity outside our Site or Services will not be governed by our Terms of Use or other agreements.

No Warranties

THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF TRULIA'S SITE, MATERIALS, AND SERVICES IS AT YOUR SOLE RISK.

WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, Non-Infringement, and any warranties arising out of course of dealing or usage of trade.

Trulia takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using our Site or Services. You understand and agree that you may be exposed to User Content is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Trulia is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Site or Services.

Indemnification

You agree to defend, indemnify, and hold Trulia harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or Services or your use of the Site and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against Trulia arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

Limitation Of Liability

IN NO EVENT SHALL TRULIA, 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 THIS SITE, THE MATERIALS, OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

General Terms

Modification of Trulia Services

Trulia reserves the right to modify or discontinue (completely or in part) our Site, Services, or any content appearing therein. Trulia will not be liable to you or any third party if we exercise this right.

Modification of These Terms

We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Site or Services, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site or Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically, and check the version date for changes.

Choice of Law

These Terms of Use are governed by the laws of the State of California without regard to its conflict of law provisions.

No Waiver

Trulia's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

No Third-Party Beneficiaries or Rights

These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by these Terms of Use.

Entire Agreement & Severability

These Terms, together with the Privacy Policy and any amendments and additional agreements you might enter with Trulia in connection with our Site or Services, shall constitute the entire agreement between you and Trulia concerning the Site or Services, and shall supersede any prior terms you had with Trulia regarding the Site or Services.

If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use remain in full force and effect.

Limitation of Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Use or the Services 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 Trulia 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 Trulia.

Copyright © 2013 Trulia, Inc. ALL RIGHTS RESERVED.

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