TERMS OF SERVICE FOR REAL ESTATE ADVERTISING SERVICES

All orders for virtual tour services of Laurie C. Price dba Sitetraffic™ ("Sitetraffic™") are subject to the following terms and conditions:

Sitetraffic™ will provide to client the digital photography of designated real property listings to be included in the real estate advertising services for a single property. Sitetraffic™ will convert each photographed room or scene into one virtual tour advertising image ("Virtual Tour scene"), which Sitetraffic™ will make available for linking and/or will submit for posting to certain web sites.  Each scene is comprised of a single image in a .jpg format that is used with free and widely distributed Java based viewer software such as 3DVista, PTViewer or the Zoom Viewer from MGI Software to create panoramic images viewable in any Java enabled browser (equipped with the lastest run time environments).

The basic Sitetraffic™ virtual tour advertising service consists of four Virtual Tour Images photographed for rooms or scenes for a single residential resale living unit. Sitetraffic™ will make available a URL for linking to the virtual tour and host the images at that address. Sitetraffic™ will provide a copy of email executable tour (for an additional charge) format as an e-mail attachment to the designated e-mail address on the order . The complete tour will be hosted up to one year as long as the tour is an active listing in the MLS. Images may not be reassigned to another agent. If the MLS number changes for the property we will make the modification as long as the original listing agent holds the renewed MLS number. Agent is responsible for notifying Sitetraffic via e-mail to mike@sitetraffic.com when the listing has been sold or removed from the MLS.

Sitetraffic™ will submit for posting the tour to other sites as available. These sites may include your franchise corporate site, local association sites (HAR) or national real estate portal sites. Sitetraffic™ accepts no responsibility as to the successful posting of the images to these site. A link to the hosted tour will be provided and can, in most cases, be used for the purpose of enhancing listing data in any site.

Sitetraffic™ may charge extra fees for additional Virtual Tour Images and for additional services such as, slide shows, multimedia presentations etc. You may include the images on as many Web sites you desire. Sitetraffic™ reserves the right to use any of the images provided as a part of this service in portfolios, scenes, resale, or works for hire and retains the unencumbered rights to any and all intellectual property created as a part of this service. Third party posting of tours created by Sitetraffic™ must include the following copyright in the code or on the respective web site in which the tours are displayed. "Photography © copyright Laurie C. Price, dba Sitetraffic"

Client, agent, someone from your office or the homeowner must present during the time of the photography, no exceptions. Sitetraffic™ will make all reasonable efforts to post the virtual tour within 48 business hours of the shoot. Tours should be scheduled at least 48 business hours in advance. Cancellations not made within 24 business hours of the scheduled appointment are subject to a cancellation fee of $50. Sitetraffic reserves the right to refuse service to any person or entity, for any reason.

ALL CHARGES ARE NON-REFUNDABLE, INCLUDING "CERTIFICATE" OR PRE-PAID SERVICES.

There are no mechanisms in place to allow previewing of tours prior to their completion and Sitetraffic™ cannot guarantee the clarity or lighting of tours. When possible we will adjust the lighting using the available sources in the home, however professional lighting systems cannot be used for virtual tours as the lighting equipment would be viewable in the images.

NO WARRANTIES

DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY.   Sitetraffic and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material provided by Sitetraffic.  While Sitetraffic strives to keep the information on the sites accurate, complete, and up-to-date, Sitetrafficand its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information and content provided on Sitetraffic virtual tours. 

Sitetraffic and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on the SITETRAFFIC virtual tours for any purpose. All products, and services are provided "as is" without warranty of any kind. Sitetraffic and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT SITETRAFFIC’S LIABILITY IS SPECIFICALLY LIMITED TO THE AMOUNTS PAID TO AND RECEIVED BY SITETRAFFIC FOR SERVICES,  AND YOU WAIVE ALL RIGHTS OF RECOVERY FOR ANY DAMAGES, WHETHER ACTUAL, SPECIAL OR CONSEQUENTIAL, THAT YOU MAY INCUR OVER AND ABOVE SAID AMOUNTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, USE, PROFITS, SAVINGS OR GOODWILL THAT RESULT FROM YOUR USE OR INABILITY TO USE INFORMATION AND SOFTWARE PROVIDED BY SITETRAFFIC AS PART OF ITS SERVICES HEREUNDER. SITETRAFFIC MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO OR RESULTING FROM THE USE OF OR INABILITY TO USE THE HOSTING SERVICES, MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, DELETION OF FILES, LOSS OF DATA, ERRORS, DEFECTS, MISDELIVERIES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SITETRAFFIC’S SERVER, RECORDS, PROGRAMS OR SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR INTENDED PURPOSE. SITETRAFFICDOES NOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEM. NEITHER SITETRAFFIC NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (ACTUAL, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, WHETHER OR NOT DUE TO OR RESULTING FROM THE FAULT OR NEGLIGENCE OF SITETRAFFIC.

SITETRAFFIC DOES NOT GUARANTEE ANY SECURITY OR SECURITY PROCEDURES FOR ACCESS TO INFORMATION OR DATA CONTAINED IN A VIRTUAL TOUR IMAGE AND YOU AGREE TO HOLD HARMLESS SITETRAFFIC FROM ANY THIRD PARTY CLAIM THAT MAY RESULT FROM THE DISPLAY OF IMAGES SUCH AS, BUT NOT LIMITED TO; CLAIMS OF PRIVACY, THEFT, BODILY INJURY ETC.

THIS DOCUMENT WILL BE AVAILABLE ON THE WEB AT http://www.sitetraffic.com/html/terms_realestate.htm, and may be amended from time to time. Accordingly, you agree to review the agreement periodically, and your continued access or use of the services provided to you now and in the future after any such changes shall be deemed your acceptance of the then-current terms, conditions and notices.