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Terms & Conditions

TRULIA, INC. TERMS OF USE
FOR TRULIAMAP PRODUCT

Revised:  July 19, 2006.
Welcome to Trulia, Inc.  Trulia, Inc. ("we" or "Trulia") provides a Web site enhancement tool in the form of mapping services (the "TruliaMap Services") available at our Web site ("Site") http://www.trulia.com to you ("you" or the "User") subject to the following Terms of Use.  This is a contract formed between you and Trulia for the use of Trulia's TruliaMap Services.  Unless expressly stated otherwise, these Terms of Use shall apply to any use of the Trulia Site, the TruliaMap Services, and any service, application, plug-in, component, functionality or program created or made available by Trulia. 
By visiting Trulia's Site and/or by completing the registration process for the TruliaMap Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms of Use.  Trulia is available ONLY TO USERS 13 YEARS OF AGE OR OLDER.  REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.  
A.	MODIFICATIONS TO THIS AGREEMENT.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  You can find the most recent version of these Terms of Use at http://www.trulia.com/truliamap/terms, with the date of last modification noted above.  Such modifications shall become effective immediately upon the posting thereof.  Therefore, we encourage you to check the date of our Terms of Use whenever you visit the Trulia Site to check if they have been updated.  You must review this agreement on a regular basis to keep yourself apprised of any changes.  If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the TruliaMap Services.  Your continued use of the TruliaMap Services following the posting of modifications will constitute your acceptance of the revised Terms of Use.  Should you have any questions regarding the use of our Site, please contact us at: info@trulia.com.

B.	DESCRIPTION OF TRULIAMAP SERVICES.
Trulia is a residential real estate search engine that helps consumers search for homes for sale, trends, neighborhood insights and other real estate information directly from hundreds of thousands of real estate broker Web sites.  Users of the Trulia Site can create their own custom search by price, number of bedrooms, neighborhood and more - without having to submit a lead form, provide personal information or wait to get contacted by a lead qualifier who may not handle the property listing.
The TruliaMaps Services constitute a revolutionary Web site enhancement tool that allows real estate agents and brokers to highlight their own real estate listings on their own Web site through a mapping feature.  The tool allows agents and brokers to retain property links within their own Web sites.  The tool is provided free of cost to all agents and brokers.  Agents and brokers can provide Trulia a direct feed of their property listings, or let Trulia index the listings from the agent's or broker's existing Web site.  Trulia updates each TruliaMap every 24 hours with the 50 most current listings on each agent's or broker's Web site.  The TruliaMap Services are ideal for those who do not already have a robust mapping solution.  Now, agents and brokers have an opportunity to stand out from the competition through the use of this feature.

C.	YOUR REGISTRATION OBLIGATIONS.
To obtain and use the TruliaMap Services, you will be required to register with Trulia by completing a registration form and designating a user ID and password.  When registering with Trulia 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 we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the TruliaMap Services (or any portion thereof). 
You may not authorize any third party to access or use the TruliaMap Services on your behalf.  You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password.  You agree to immediately notify Trulia of any unauthorized use of your user ID or password or any other breach of security. Trulia cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

D.	CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering with Trulia, you understand that we may send you communications or data from Trulia regarding the TruliaMap Services, including but not limited to (i) notices about your use of the TruliaMap Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Trulia's products and services, via electronic mail.  We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

E.	USER CONDUCT/ACCEPTABLE USE POLICY.
You may not use the TruliaMap Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose.
To the extent that the TruliaMap Services provide Users an opportunity to post, store and exchange information, materials, data, files, programs, ideas and opinions ("User Content"), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein.  Trulia has the right in its sole discretion to edit, refuse to post or remove any User Content or other material sent via, submitted to, uploaded to, or posted on or through the TruliaMap Services.  Without limiting the foregoing, Trulia has the right, but not the obligation, to edit or remove any content or other material that it, in its sole discretion, finds to be in violation of the provisions of these Terms of Use, or for any other reason  You acknowledge and agree that Trulia shall not assume or have any liability for any action or inaction by Trulia with respect to any User Content.  Users shall remain solely responsible for User Content.
Without limitation, Trulia reserves the right to terminate your access to and use of the TruliaMap Services, if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
  1.	You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Trulia Site, computer systems and network, or the TruliaMap Services.
  2.	You may not attempt to interfere with any other person's use of the Trulia Site or the TruliaMap Services.
  3.	You may not misrepresent your identity or impersonate any person.
  4.	You may not attempt to gain access to any account, computers or networks related to the Trulia Site or the TruliaMap Services without authorization. 
  5.	You may not attempt to obtain any data through any means from the Trulia Site or the TruliaMap Services, except if we intend to provide or make it available to you. 
  6.	You may not attempt to charge others to use the Trulia Site or the TruliaMap Services either directly or indirectly.
  7.	You may not use the Trulia Site or the TruliaMap Services to participate in pyramid schemes or chain letters. 
  8.	You may not use the Trulia Site or the TruliaMap Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications. 
  9.	You may not use the Trulia Site or the TruliaMap Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others. 
  10.	You may not use the Trulia Site or the TruliaMap Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents. 
  11.	You may not use the Trulia Site or the TruliaMap Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property. 
  12.	You may not use the TruliaMap Services to download any material sent by another User of the TruliaMap Services that you know, or reasonably should know, cannot be legally distributed in such manner. 
  13.	You may not use the Trulia Site or the TruliaMap Services to violate any code of conduct or other guidelines which may be applicable to the TruliaMap Services or the Site. 
  14.	You may not use the Trulia Site or the TruliaMap Services to harvest or otherwise collecting information about others, including e-mail addresses.
  15.	You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Trulia in connection with the Trulia Site or TruliaMap Services.
  16.	The TruliaMap Services may be used by an agent or broker only to promote that agent's or broker's own listings on the respective agent's or broker's own Web site.
  17.	You may not use the TruliaMap Services to obtain leads for the listings of other agents or brokers.
  18.	You may not remove the Trulia branding from any portion of the maps generated by the TruliaMaps Services.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Trulia.

F.	INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
All contents of the Trulia's Site and TruliaMap Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2006 Trulia, Inc., and/or the proprietary property of its suppliers, affiliates, or licensors.  Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of Trulia and/or it suppliers, affiliates, or licensors.  All rights reserved.  
Trulia, Trulia.com, and the Trulia logo are including without limitation, either trademarks, service marks or registered trademarks of Trulia, and may not be copied, imitated, or used, in whole or in part, without Trulia's prior written permission or that of our suppliers or licensors.  Other product and company names may be trade or service marks of their respective owners.
Trulia may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the TruliaMap Services.  Unless we have granted you licenses to our intellectual property in these Terms of Use, our providing you with such Web pages does not give you any license to our intellectual property.  Any rights not expressly granted herein are reserved.

G.	NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Trulia respects copyright law and expects Users to do the same.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Trulia's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Web site; (4) Your address, telephone number, and e-mail address; (5) 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; (6) 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.
Trulia's Agent can be reached at:
Attn: DMCA Agent
Trulia, Inc.
208 Utah Street, Suite 310
San Francisco, CA 94103

H.	THIRD PARTY CONTENT, SITES AND SERVICES.
By agreeing to these Terms of Use, you understand that the TruliaMap Services are dependent on functionality provided by third party mapping providers.  As a result, maps generated by the TruliaMaps Services may include advertising from the third party mapping providers.  You agree that you will not attempt to remove the branding or advertising of our third party mapping providers from the maps generated by the TruliaMaps Services.
The TruliaMap Services contain features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.  We may also provide some content to you as part of the TruliaMap Services.  We are not responsible for any third party content you access with the TruliaMap Services, and you irrevocably waive any claim against us with respect to such sites and third-party content.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  You are solely responsible for your dealings with any third party related to the TruliaMap Services, including the delivery of and payment for goods and services.

I.	PRIVACY.
Trulia has established a Privacy Policy to explain to Users how their information is collected and used, which you can find at http://www.trulia.com/privacy/.  Your use of the Trulia Site or the TruliaMap Services signifies acknowledgment of and agreement to the Trulia Privacy Policy.  You further acknowledge and agree that Trulia may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these Terms of Use, or, in its sole discretion, to protect the rights, property, or personal safety of Trulia, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

J.	TRULIA MAKES NO WARRANTIES.
Trulia intends for the information contained on its Site and TruliaMap Services to be accurate and reliable; however, errors sometimes may occur.  In addition, Trulia may make changes and improvements to the information provided herein at any time.
TRULIA PROVIDES ITS SITE AND 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, TRULIA, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A "TRULIA PARTY," AND COLLECTIVELY, THE "TRULIA PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.  THE TRULIA PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

K.	LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.
IN NO EVENT WILL ANY TRULIA PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SERVICE, EVEN IF SUCH TRULIA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE EXCLUSION OF DAMAGES UNDER SECTION K 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 (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY TRULIA PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

L.	CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE OR DISCONTINUE THE SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON.  WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS J AND K, THE TRULIA PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS J AND K, TRULIA IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

M.	INDEMNIFICATION.
You agree to indemnify, defend and hold harmless, Trulia, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Trulia reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Trulia in asserting any available defenses.

N.	TERMINATION OF SERVICE.
We may terminate or suspend your access to the TruliaMap Services at any time, in our sole discretion, without cause and/or without notice.  Upon termination, your right to use the TruliaMap Services stops immediately.  ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON TRULIA'S SYSTEMS MAY NOT BE RETRIEVED LATER.

O.	CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts-of-law principles.  Please note that your use of the TruliaMap Services may be subject to other local, state, national, and international laws.  You expressly agree that exclusive jurisdiction for any claim or dispute with Trulia or relating in any way to your use of the TruliaMap Services resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Trulia or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

P.	EUROPEAN USERS.
By using the Trulia TruliaMap Services, Users in the European Union understand and consent to the processing of personal information in the United States.

Q.	NOTICES TO TRULIA.
You may notify us by e-mail at info@trulia.com or by postal mail at Trulia, Inc., 208 Utah Street, Suite 310, San Francisco, CA 94103.

R.	OTHER TERMS.
If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  All rights not expressly granted herein are reserved.

S.	MISCELLANEOUS.
Trulia may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void.  ANY CLAIM RELATED TO THIS CONTRACT OR THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR.  THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS.  IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS.  The failure of Trulia to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

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