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The following terms and conditions govern your use of the zavvie software and social media services.  If you disagree with any part of these terms and conditions, you cannot use zavvie. 

I. EXCLUSIVE SERVICE AREA

a. Subscriber will receive marketing services from zavvie in the areas defined on the Service Agreement.

b. No other zavvie subscribers will receive marketing services in the area defined in the Service Agreement.

II. SERVICES PERFORMED BY ZAVVIE

a. zavvie will create and maintain for you the following Websites:

i. An Exclusive Neighborhood Website. You will choose the neighborhood name, URL, and some branding elements such as photography that is displayed in the banner image photo.

ii. A Facebook Community Page branded to match the Exclusive Neighborhood Website. 

b. zavvie will provide the following content to your Websites:

i. Real estate information and information of local interest, updated each day Monday through Friday. The daily updates may include local stories, market news, dynamic “plug ins” containing automated statistics and other information, videos, and zip code level infographics.

c. zavvie will also support:

i. Your Facebook Business page: Select zavvie content can be published to your existing Facebook Business Page. You are responsible for creating and otherwise maintaining this page.

ii. Your LinkedIn account: Select zavvie content can be published to your LinkedIn page.

iii. Your Twitter account: Select zavvie content can be published to your Twitter.

iV. Your account with Nextdoor.com: If you choose, zavvie will assist you in setting up an personal account and business page on Nextdoor.com. Your Success Coach will coordinate with you on this. zavvie will also give you ideas about content appropriate for you to post on Nextdoor.com.

d. zavvie will use online advertising methods to increase consumer engagement on the Websites.  

e. zavvie will provide the following web based software that operates on your desktop computer and mobile device. 

i. Publishing Tools that enable you to generate listing reviews, sold property reviews, monthly market statistics updates, and other neighborhood “insight” posts.

ii. The Agent Console through which you can manage all aspects of your zavvie profile as well as view content you have generated.

f. zavvie training programs will help you optimize your use of the zavvie system.

i. Quarterly coaching sessions (via webinar) and frequently published information will let you know what tactics and strategies are realizing the most success for zavvie subscribers.

III. PERIOD OF SERVICE

The Initial Term of this Agreement shall commence upon Subscriber’s first monthly payment date. This date is specified on the Service Agreement.

The duration of the Initial Term of this Agreement shall be as specified on the Service Agreement.

a. Expiration And Termination

i. Upon the expiration of the Initial Term, this Agreement shall automatically renew and extend for successive terms of twelve (12) months.

ii. Subscriber may cancel this agreement at any time.

iii. In the event of termination, all content displayed on the Exclusive Neighborhood Website, Facebook Community Page, and any other websites created by zavvie, whether provided by Subscriber or zavvie, including the URLs and all design elements, shall be retained by zavvie for use on the Exclusive Neighborhood Website, Facebook Community Page, and any other websites created by zavvie.

v. Upon the termination of this Service Agreement for any reason, any amount owed to zavvie under this Service Agreement before such termination shall become immediately due and payable; and shall terminate zavvie Subscriber’s access to or use of the service. 

IV. PRICING

As specified on the Service Agreement.

V. BILLING

i. Subscriber shall submit their credit card information via our secure website.

ii. Fees shall be charged as specified on the Service Agreement.

iii. Monthly fees shall be charged on the Billing Day on a recurring monthly basis.

iv. Upon automatic annual renewal, the pricing and billing information specified in this Service Agreement shall remain in effect. 

VI. OTHER TERMS

a. Privacy Policy And Terms Of Use:

i. Subscriber agrees to the Terms of Use and Privacy Policy stated on www.zavvie.com.

ii. zavvie uses cookies. By using zavvie, you consent to zavvie’s use of cookies in accordance with the terms of zavvie’s privacy policy.

iii. You must be at least 18 years of age to use  zavvie. By using our services, and by agreeing to these terms and conditions. You warrant you are 18 years of age. 

b. User Content:

i. “User Content” refers to material (including and without limitation text, images, audio material, video material and audio-visual material) that you submit to zavvie, for whatever purpose. 

ii. Your User Content must not be illegal or unlawful, must not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or zavvie or a third party (in each case under any applicable law). 

iii. You must not submit any user content to the website that is or has been the subject of any threatened or actual legal proceedings or other similar complaint. zavvie reserves the right to edit or remove any material submitted to this website, or stored on zavvie.com servers, or hosted or published from our platform. 

iv. Not withstanding zavvie’s rights under these terms and conditions in relation to user content, zavvie does not undertake to monitor the submission of such content to, or the publication of such content on and through our platform.  

c. zavvie Content: 

i. “zavvie Content” includes written comments and information, photos, videos, articles, notes, research, summaries, reports, data, text, photos, and graphics that are published to the Websites by zavvie.

ii. zavvie Content also includes content created, developed, owned by or licensed to zavvie that zavvie publishes to the Websites. zavvie represents and warrants to Subscriber that zavvie owns or has in place all necessary rights and permissions to all zavvie Content. 

iii. In the event that zavvie Content is deemed or determined by any person or tribunal to be inaccurate, offensive, indecent or objectionable, zavvie cannot be held responsible. zavvie may remove any posted zavvie generated content at any time in its sole discretion. 

iv. Subscriber agrees and acknowledges that neither Subscriber nor any Subscriber customer shall be able to hold or delay any posts of content scheduled through of the zavvie Digital Power Farming Platform. Unless otherwise agreed by the parties, neither Subscriber nor any Subscriber customer shall have any right to review, edit or otherwise modify any content placed through the zavvie Digital Power Farming Platform. 

d. Service Rules

Subscriber shall not engage in, and shall not allow Subscriber’s customers to engage in, any of the following prohibited activities: (a) copying, distributing or disclosing any part of the zavvie Digital Power Farming Platform in any medium, including by any automated or non-automated “scraping”; (b) using any automated system (unless an automated system is specifically named in this Agreement as an exception), including “robots,” “spiders,” “offline readers,” etc., to access the zavvie Digital Power Farming Platform in a manner that sends more request messages to zavvie servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (c) transmitting spam, chain letters or other unsolicited e-mail; (d) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running of the zavvie Digital Power Farming Platform; (e) taking any action that imposes, or may impose in zavvie’s sole determination an unreasonable or disproportionately large load on zavvie’s infrastructure; (f) uploading invalid data, viruses, worms or other software agents through the zavvie Digital Power Farming Platform ; (g) collecting or harvesting from the zavvie Digital Power Farming Platform any personally-identifiable information, including account names; (h) using the zavvie Digital Power Farming Platform  for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting Subscriber’s and Subscriber’s customers’ affiliation with a person or entity, conducting fraud, hiding or attempting to hide Subscriber’s or Subscriber’s customers’ identity; (j) interfering with the proper working of the zavvie Digital Power Farming Platform; (k) accessing any content on the zavvie Digital Power Farming Platform  through any technology or means other than those provided by of the zavvie Digital Power Farming Platform functionality or otherwise specifically authorized by zavvie; or (l) bypassing the measures used by zavvie to prevent or restrict access to the zavvie Digital Power Farming Platform, including features that prevent or restrict use or copying of any content or that enforce limitations on use of the zavvie Digital Power Farming Platform or the content therein. Subscriber is solely responsible for, and zavvie shall have no liability for, Subscriber’s and Subscriber’s customers’ actions, inactions or interactions with other users of the zavvie Digital Power Farming Platform. zavvie reserves the right, but has no obligation, to monitor disputes between Subscriber and Subscriber’s customers and other users of the zavvie Digital Power Farming Platform.

e. Proprietary Rights

zavvie retains sole and exclusive ownership of all rights, title and interests in zavvie Content, of the zavvie Digital Power Farming Platform, and all intellectual property rights relating thereto, including issued patents and pending patent applications with respect to the zavvie Digital Power Farming Platform and the technology related thereto. Subscriber acknowledges and agrees that zavvie shall have no obligation to provide Subscriber with any support or maintenance beyond what is described in this Agreement. Subject to the terms and conditions of this Agreement, Subscriber is hereby granted a non-exclusive, limited, non-transferable, freely revocable license without the right to sublicense to use of the zavvie Digital Power Farming Platform solely to market social media posting services and to provide social media posting services to Subscriber’s customers who choose that functionality as part of Subscriber’s online website offerings. The rights granted to Subscriber in this Agreement are subject to the following restrictions: (a) Subscriber shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of zavvie-generated content or the zavvie Digital Power Farming Platform ; (b) Subscriber shall not access zavvie-generated content or the zavvie Digital Power Farming Platform  in order to build a similar or competitive product or service; and (c) except as expressly stated herein, no part of zavvie-generated content or of the zavvie Digital Power Farming Platform  may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update or other addition to functionality of zavvie-generated content or of the zavvie Digital Power Farming Platform shall be subject to this Agreement. All copyright and other proprietary notices on zavvie Content or of the zavvie Digital Power Farming Platform must be retained on all copies thereof. For clarity, Subscriber may not share any zavvie Content with any third party, or use or display zavvie Content on any other website. Subscriber shall remove and/or cease use of any zavvie Content upon request of zavvie.

f. User Data:  

zavvie may collect certain data and information about Subscribers and Subscriber’s customers’ use of the zavvie Digital Power Farming Platform (“User Data”). Other than personally - identifiable User-data, zavvie owns all data generated by the services, including any statistical information related to the usage, traffic patterns and behavior of the users of the services (Statistical Data). In addition, except as prohibited by applicable third-party social media terms of service, zavvie has an unrestricted right to use information and content related to viewing, sharing, and commenting with respect to zavvie Content posted using the service, including the number of “likes”, “shares”, “comments” or other responses to such posts.

g. Limitation Of Liability:

Subscriber agrees that in no event shall zavvie be liable for any damages of any nature, for any reason, including the breach, expiration, or termination of this contract. In no event will zavvie be liable for lost profits or lost business opportunities arising out of the termination of this agreement.