Terms of Use

THIS IS A BINDING LEGAL CONTRACT. CAREFULLY READ THESE WEB SITE TERMS OF USE (“TERMS OF USE”) BEFORE USING WWW.ZEPHYRSF.COM (“WEB SITE”). BY ACCESSING OR USING THE WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND TO BE LIABLE TO D.P.P.M. INC., D.B.A. “ZEPHYR REAL ESTATE” (“ZEPHYR REAL ESTATE,” “US,” OR "WE") FOR ANY NONCOMPLIANCE WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE WEB SITE, AND MAY NOT CREATE OR MAINTAIN A LINK TO THE WEB SITE. Changes To These Terms Of Use

Zephyr Real Estate reserves the right, in its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time. Such revisions shall be effective immediately upon posting on the Web Site. By using the Web Site or creating, maintaining, or using, if authorized by Zephyr Real Estate, a link to the Web Site, after Zephyr Real Estate has posted any modifications, updates or revisions, you agree to be bound by such revised Terms of Use. In the event of any inconsistency between these Terms of Use and any future posted Terms of Use, the last posted Terms of Use shall control. All Rights Reserved ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TERMS OF USE ARE RESERVED. Privacy Registration data and certain other information about you are subject to our Privacy Policy. For more information, please review our full Privacy Policy . Links To Other Websites The Web Site will contain links to other websites (“Linked Websites”) that may or may not be affiliated with this Web Site and/or Zephyr Real Estate and that may have terms of use that differ from, or contain terms other than, the terms herein. The Linked Websites are provided for your convenience and information only and, as such, you access them at your own risk. Your access to and use of such other websites through links provided by this Web Site shall be governed by the terms of use and policies of those sites, not this Web Site. The content of the linked sites is not under our control. We are not responsible for and do not endorse such content whether or not we are affiliated with the owners of such linked sites. Trademarks, Copyrights And Restrictions All content on this Web Site, including, but not limited to text, images, graphics, photographs, illustrations, sound, audio clips, video clips, tools, data, software, tags, real estate listings, databases or other lists, products or services provided through or obtained from the Web Site and overall arrangement and look and feel of the Web Site and each web page (“Content”), is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Zephyr Real Estate or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Zephyr Real Estate. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the relevant portion of the Content and/or information contained herein for your personal, non-commercial use only, but you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, post, license, frame in another website, use on any other website, create derivative works of, transfer, sell, and/or exploit for commercial use, the Content, including by email or other electronic means, without the prior written consent of Zephyr Real Estate. You may request consent by emailing a request to Zephyr Real Estate at webmaster@zephyrsf.com. Without the prior written consent of Zephyr Real Estate or the Providers and except as expressly provided herein, your use of the Content, including without limitation your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of Zephyr Real Estate and/or the Providers, including without limitation these entities' copyrights, trademarks or service marks and other proprietary rights, and is prohibited. If you violate any of these Terms of Use, your permission to use our Web Site immediately terminates without the necessity of any notice. Zephyr Real Estate retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms of Use. You may not use on your web site any Content, including without limitation trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any marks, logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of Zephyr Real Estate. If you are a member of the multiple listing service (“MLS”) or an MLS Participant, you may access the Web Site for the purposes of verifying compliance with MLS rules and to monitor display of listings. Digital Millennium Copyright Act Compliance Zephyr Real Estate complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to this Web Site in a way that constitutes copyright infringement, please provide Zephyr Real Estate’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 Web 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; and, • 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 Zephyr Real Estate, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for Zephyr Real Estate’s Copyright Agent for notice of claims of copyright infringement is provided below. Attn: DMCA Agent

Zephyr Real Estate 525 Bryant Street San Francisco, CA 94107 USA

Limitations On Use With respect to the Web Site, you are specifically prohibited from and agree not to do, or assist others in doing, any of the following: (a) take any action that imposes or may impose (in Zephyr Real Estate’s sole discretion) an unreasonable or disproportionately large load on Zephyr Real Estate’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; (c) bypass Zephyr Real Estate’s robot exclusion headers or other measures Zephyr Real Estate may use to prevent or restrict access to the Web Site; (d) disclose to, or share the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (e) attempt to decipher, decompile, disassemble or reverse engineer, or otherwise interfere with the Web Site, the Web Site’s services, or any of the Content, software, databases, code, scripts, formulas, calculations, interfaces or visual representations that comprise or in any way making up part of this Web Site, or make any unauthorized use thereof, (f) upload, post, email or otherwise transmit any information, Content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (g) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; (h) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web Site pages, or the Content without our prior written permission, provided that generally available third party Web browser may be used without such permission; (i) use any meta tags or any other “hidden text” utilizing Zephyr Real Estate's name or trademarks; and/or (j) commercially exploit the Web Site, or any Content therein. Your Representations And Warranties You represent and warrant to Zephyr Real Estate that any information you submit, upload or otherwise provide on the Web Site, whether through the registration process or otherwise, will be true, accurate and complete, and will not violate any law, statute, ordinance or regulation. You warrant that you will not falsely identify yourself or impersonate or falsely represent your affiliation with any person or entity. Except with the written permission of Zephyr Real Estate, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Web Site. Unauthorized individuals attempting to access prohibited areas of the Web Site may be subject to legal prosecution. You further warrant to Zephyr Real Estate that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms of Use, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. You understand and agree that you are solely responsible for all information, data, text, and other content ("User Content") you submit, post, upload or otherwise provide to or through the site, whether publicly or privately transmitted. Terms For Creation Of A Link Upon your acceptance of the terms and conditions of these Terms of Use, and subject to your compliance with these Terms of Use, you are authorized to establish a hypertext link (the “Link”) from your website (“Your Web Site”) to the home page of the Web Site. Deep linking to Content appearing in the web pages below the home page of the Web Site is not permitted. Zephyr Real Estate reserves the right to revoke this permission for any reason at any time. If you create a Link, Your Web Site shall not: (a) Create frames around the Web Site or otherwise alter the visual presentation of the Web Site; (b) expressly state or otherwise imply that Zephyr Real Estate is endorsing you, your products or services, or the content of Your Web Site; (c) expressly state or otherwise imply an affiliation between you and Zephyr Real Estate without the prior written consent of Zephyr Real Estate; (d) misrepresent your relationship with Zephyr Real Estate or present false or misleading impressions about Zephyr Real Estate’s products or services; (e) disparage the Web Site or display the Link in a manner that that diminishes Zephyr Real Estate’s goodwill; (f) include or display any material which is immoral, unethical, illegal or inappropriate for a professional website. You acknowledge and agree that you are not a publisher, distributor, agent, partner, franchiser or endorser of the Web Site, and Zephyr Real Estate is not a publisher, distributor, agent, franchiser or endorser of Your Web Site. Zephyr Real Estate retains exclusive editorial control over the Web Site and has the right to make administrative or operational decisions it deems necessary or desirable in the normal course of business. You warrant to Zephyr Real Estate that (a) you have duly registered the domain name of Your Web Site with all applicable authorities and/or have a license to use Your Web Site, and you possess all rights necessary to use such the domain name for Your Web Site, and (b) the content of and materials placed on or within Your Web Site, and any hyperlinks on Your Web Site, do not and will not (i) infringe upon or violate any United States copyright, patent, trademark or other proprietary right of a third party, or (ii) violate any applicable law, statute, regulation, or non-proprietary right of a third party. Third Party Rights These Terms of Use are for the benefit of Zephyr Real Estate and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms of Use directly against you on its or their own behalf. Jurisdictional Issues Unless otherwise specified, the Content contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by Zephyr Real Estate from its offices within San Francisco, California. Zephyr Real Estate makes no representation that Content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Zephyr Real Estate brings to enforce these Terms of Use, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in California and you expressly consent to the jurisdiction of said courts. Property Listing Data ALL INFORMATION ON THIS WEB SITE, INCLUDING THE REAL ESTATE LISTING DATA IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR GENERAL INFORMATION ONLY. ZEPHYR REAL ESTATE IS NOT RESPONSIBLE FOR AND DOES NOT INDEPENDENTLY VERIFY INFORMATION PROVIDED BY THIRD PARTIES, INCLUDING THE MULTIPLE LISTING SERVICE. The listing data on this site IS NOT intended to be a representation of the complete MLS data for any of our MLS sources. All listing material is deemed reliable, but not guaranteed. This site allows consumers to search IDX (Internet Data Exchange) listings data provided by several different sources. The limitations and conditions stated under the terms of use by those sources are incorporated by this reference to the maximum extent permitted by law. ZEPHYR REAL ESTATE MAKES NO WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATA PROVIDED BY THIRD PARTY SOURCES. MLS Terms of Use By registering for a MyZephyr account you are agreeing to the following terms and conditions: (a) you are entering into a lawful consumer-broker relationship with Zephyr Real Estate as may be defined by state law; (b) any information you obtain from the Web Site is intended for your personal, non-commercial use; (c) you have a bona fide interest in the purchase, sale, or lease of real estate on the Web Site; (d) you will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property; and, (e) you acknowledge that the individual MLS, which supplies the listing data, owns such data and you acknowledge the validity or the MLS’s copyright to such data. Your agreement to these terms does not require you to work with Zephyr Real Estate. Interruptions In Service The Web Site and access to the Content of the Web Site may from time-to-time be unavailable to you or users of Your Web Site, whether because of technical failures or interruptions, intentional downtime for service or changes to the Web Site, or otherwise. You agree that Zephyr Real Estate shall have no liability of any nature to you or any third party for any modifications to the Web Site, and any interruption or unavailability of access to the Web Site or its Content. NO WARRANTIES; EXCLUSION OF LIABILITY ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS OF USE, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, ZEPHYR REAL ESTATE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER ZEPHYR REAL ESTATE, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. ZEPHYR REAL ESTATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE. YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT ZEPHYR REAL ESTATE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER ZEPHYR REAL ESTATE, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZEPHYR REAL ESTATE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ZEPHYR REAL ESTATE IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, ZEPHYR REAL ESTATE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Indemnification You agree to indemnify, defend and hold harmless Zephyr Real Estate, its officers, directors, employees, shareholders, agents, affiliates, suppliers, successors and assigns from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost and expense, including reasonable attorneys fees and costs, arising out of or resulting from (a) any violation by you of these Terms of Use; (b) any content you upload, post, submit, transmit or otherwise provide to or through the Web Site; (c) the content of Your Web Site; or (d) any negligent acts, errors or omissions of you or your agents or contractors. Forums Any opinions, advice, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Zephyr Real Estate. In many instances, the Content available through this Web Site represents the opinions and judgments of the respective information from providers or users. Zephyr Real Estate does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site by any third party. Zephyr Real Estate, in its sole discretion, reserves the right, but maintains no obligation, to review, control or edit any text, data, images, files, or other materials that may be uploaded, posted or submitted to the forums hosted on zephyrsf.com ("Submission(s)") as well as the right to refuse to post any such Submission. All Submissions are subject to these Terms of Use. Any information you disclose will be accessible to the public; you should exercise caution prior to disclosing any personal information. You understand and agree that any content submitted by you or a third party is the responsibility of the party submitting, transmitting, posting or uploading such content. Zephyr Real Estate does not control such content, is not responsible for such content and makes no representations or warranties with respect to the accuracy, reliability or completeness of such content. You agree not to upload, post, submit, transmit, display or otherwise provide or make available on Web Site any Submission or other content that is unlawful, threatening, tortious, defamatory, libelous, obscene, harassing, harmful to minors, or that infringes any third party proprietary, intellectual property or privacy rights or that contains or consists of unauthorized advertising or solicitation, or that contains any virus other content harmful to the Web Site or any Content therein. By uploading, posting, submitting, transmitting, displaying or otherwise making content available to or through the Web Site, you grant to Zephyr Real Estate a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to display, copy, post, modify, transmit, distribute, publish, publicly perform, make derivative works of and otherwise make available to others such content, or any portion thereof. Registration When you register with the Web Site, you agree to: (a) provide true, accurate and complete information and (b) promptly update the registration information as needed to maintain its accuracy and completeness. Zephyr Real Estate reserves the right to suspend or terminate your registration and use of the Web Site if it suspects or deems in its sole discretion that you have provide false, misleading, inaccurate or incomplete information. Miscellaneous If any provisions of these Terms of Use shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use supersede any prior agreements or understandings between you and Zephyr Real Estate not incorporated into these Terms of Use. If you violate any of these Terms of Use, your permission to use the Web Site and to create or maintain a Link, and your license to the Content shall immediately terminate without the necessity of any notice to you. Zephyr Real Estate retains the right to deny access to the Web Site to anyone at its sole discretion, for any reason, including but not limited to violation of these Terms of Use. Zephyr Real Estate may, at any time, in its sole discretion for any reason terminate only your right to create and maintain a Link, without affecting your right to otherwise access and use the Web Site in accordance with these Terms. Upon notice of any termination of your right to create and maintain a Link and license to the Content, and you shall immediately remove any and all Links and Content from Your Web Site.