WEBSITE TERMS AND CONDITIONS:

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Hometrack Real Estate Marketing. The collective work includes works that are licensed to Hometrack Real Estate Marketing. Copyright 2003, Hometrack Real Estate Marketing ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Hometrack Real Estate Marketing or purchasing Hometrack Real Estate Marketing products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Hometrack Real Estate Marketing or to purchase Hometrack Real Estate Marketing products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Hometrack Real Estate Marketing. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of Hometrack Real Estate Marketing used in the site are trademarks or registered trademarks of Hometrack Real Estate Marketing

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Hometrack Real Estate Marketing disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Hometrack Real Estate Marketing does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Hometrack Real Estate Marketing does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Hometrack Real Estate Marketing shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Hometrack Real Estate Marketing has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a Hometrack Real Estate Marketing product is mistakenly listed at an incorrect price, Hometrack Real Estate Marketing reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Hometrack Real Estate Marketing reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Hometrack Real Estate Marketing shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Hometrack Real Estate Marketing without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Hometrack Real Estate Marketing may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Hometrack Real Estate Marketing.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Hometrack Real Estate Marketing products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Hometrack Real Estate Marketing products) must be commenced within one (1) year after the claim or cause of action arises. Hometrack Real Estate Marketing's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Hometrack Real Estate Marketing may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hometrack Real Estate Marketing or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
Hometrack Real Estate Marketing does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Hometrack Real Estate Marketing is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Hometrack Real Estate Marketing reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Hometrack Real Estate Marketing in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Hometrack Real Estate Marketing, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, Hometrack Real Estate Marketing may link to sites operated by third parties. However, even if the third party is affiliated with Hometrack Real Estate Marketing, Hometrack Real Estate Marketing has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hometrack Real Estate Marketing. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Hometrack Real Estate Marketing seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

HOMETRACK TERMS AND CONDITIONS:
Click here to download Hometrack's Terms and conditions.

Understanding Intellectual Property
A photograph or page design is considered intellectual property. Hometrack owns the copyright to both the designs created and the photographs taken by Hometrack. Hometrack maintains the right to license their use, unless exclusive rights have been purchased from Hometrack. Simply having physical possession of photographs or digital files does not grant the right to use them.

Payment
We accept Master Card, VISA and American Express. A credit card must be on file with Hometrack for an order to be processed. The card will be charged within 24 hours after services are rendered or the shipment of your item(s). All invoices due upon receipt. We reserve the right to cancel any transaction. Partial payments are not accepted. Returned checks will result in an additional charge of $35. Payment not received within thirty days of date billed will result in an additional charge of 1.5% per month. Open invoices will be sent to collections after 90 days. Customer is responsible for costs of collection including reasonable attorneys fees incurred in the collection process.

Sales Tax
All items picked up at our location or shipped to a Maryland address are subject to 6% Sales Tax.

Liability
Hometrack shall not be liable for any legal action, claim or damages resulting from or arising out of the publication of the Hometrack's photographs or designs or other use. Agent agrees to pay for any legal and related expenses incurred by Hometrack or Craig Westerman in the pursuit of any breaches of copyright that were made by agent, agent's company, or agent or company's current or former employees.

Listing Photo Terms

Copyright
All images produced for an agent or broker (hereafter referred to as agent) are copyrighted by Hometrack and are licensed to that agent for six months or as long as the listing remains active with that agent. After that time, agent usage rights are terminated and agent agrees to remove all but the main exterior photo from the MRIS listing. After license expiration, Hometrack reserves the right to sell usage rights for each photo to the new listing agent. The original agent will receive a one-time store credit for 20% of the selling price of each purchased photo.

Agent Usage
Agents may use the photos for any and all marketing materials and campaigns associated with the property and for the agent's self promotion. The photos may also be used by the agent's parent company for the sole purpose of marketing the specific property photographed. Please note however, that the image license is granted only to the agent and the agent's parent company and not to any third party. Any usage of the images by a third party, including but not limited to architects, builders, stagers, designers, sellers or buyers, is strictly prohibited unless approved in writing by Hometrack.

Hometrack Photo Usage
Hometrack reserves the right to use any image for self-promotional purposes. Images used for Hometrack's self promotion will not be marked or labeled with any identifying information (i.e. property address, agent, homeowner, or brokerage). Prints and printed materials using the photos may be offered to the homeowner.

Photo Shoot
The photographer will expect to meet the agent or his/her representative at the property. Photographer will not enter an occupied property without an agent or representative present. Agent understands that a standard shoot takes approximately 45 minutes and should expect to be present in the property the entire time. Property should be presented in a clean, clutter-free condition. The photographer's work should be unencumbered by pets, children or prospective purchasers. (Please review our Successful Photo Shoot Preparation Checklist before scheduling your first photo shoot.) Should the photographer need to return to the property to re-shoot, or should his stay exceed the allotted 45 minutes for any reason outside the personal control of the photographer, the agent will be subject to an additional fee, and Hometrack will charge the agent's credit card or his/her company accordingly.

Photo Delivery
By the end of the following business day, agents receive an email link to a Hometrack Photo Gallery where photos can be downloaded using the provided password at no charge. Agent may view all Hometrack Photo Galleries at the agent’s Listings Page. High-resolution photos can be requested from Hometrack and will be emailed at no charge. A CD of images can be purchased for $10.

Photo Gallery and Listing Page Privacy
By default, Listings Pages and Photo Galleries are made available to public search engines and can be shared through email and social media sites. A link to each Hometrack Photo Gallery will appear in the Recently Added section of Hometrack’s photo web page and may be added to Hometrack’s Facebook page. If agent would prefer his/her Listings Page or Photo Gallery be hidden from public search engines like Google or be password protected and available only to agent, or that Galleries not be featured by Hometrack on the Hometrack photo page or on Facebook, agent should submit a request to Hometrack.

Photo Shoot Delay/Cancellation
Should the scheduled shoot be delayed for any reason, including agent's tardiness or the condition of the property, Hometrack will be entitled to an additional payment of $25 for each 30-minute interval of time beyond the scheduled start time of the shoot. Should the shoot be postponed at any time less than a full 24 hours before the scheduled shoot, the agent will be subject to a $50 cancellation fee, and Hometrack will charge the agent's credit card or his/her company accordingly.

Inclement Weather Policy
In the event of inclement weather, the agent may call to cancel the photo shoot no later than 9:30 AM on the day of the scheduled appointment to avoid a cancellation fee. Agents canceling appointments after 9:30 AM will be subject to a $50 cancellation fee, and Hometrack will charge the agent's credit card or his/her company accordingly. If the agent chooses not to cancel the photo shoot, but is unhappy with the exterior photographs, agent may purchase and schedule a Residential Exterior Photo Shoot.

Retouching
Color correction is included with every photo shoot. However, photo retouching (i.e. removing an object, etc.) is charged at a rate of $100/hour. Please review Photo Modification Ethics For Real Estate Photography – http//photographyforrealestate.net/proposed-real-estate-photography-code-of-ethics/ – before requesting any photo retouching. No alteration or manipulation of an image may be made without the permission of Hometrack.

Agent Photo Terms

Copyright
All images produced for an agent or broker (hereafter referred to as agent) are copyrighted by Hometrack and are licensed to that agent for use on all promotional materials both online and in print.

Photo Delivery
A Hometrack photographer will take 10-30 photos at the scheduled photo shoot at 2400 Boston Street. The best 3-5 photos will be sent to the agent for review. Agent chooses a final photo. Chosen photo is color corrected and touched up in photo-correction software. High-resolution final photo is emailed to agent for use on all promotional materials both online and in print.

Listing Product Terms

Template Design Fee
New agents pay a one-time $50 template design fee for the design of your custom listing product template. This template will be used as a base for all printed listing product orders... brochures, fliers, postcards, etc.

Copyright
Any material created by Hometrack is protected under copyright and cannot be reproduced without express written permission.

Text
All text should be sent as a Word (.doc) or Text (.txt) document. We do not accept Word Perfect (.wpd) documents or PDFs. Agents giving copy verbally or via fax will be charged a $25 typing fee. Text must be received before the first proof will be sent. Agent gives Hometrack the authority to charge the agent's credit card or company any additional charges incurred by the agent.

Proof policy
Agents receive low-resolution, marked proofs in the design and editing process. A high-resolution, printable PDF can be purchased for $30. A low-resolution, web-appropriate PDF can be purchased for $10.

Rush policy
Next-day turnaround will incur a rush charge of 40% of the print price and is not eligible for free delivery. Agent must pick up products from our Canton office or pay a $30 courier fee.

For a Wednesday Broker's Open, photography must be schedule and text received no latr than the preceding...
Tuesday - Next-day turnaround - Products will be available for pickup, or couriered, for a fee.
Monday - 2 day turnaround - Products will be available for pickup, or couriered, for a fee.
Friday - 3 day turnaround (standard) - Items are shipped via UPS ground and are delivered to the Baltimore area the following business day.

For a Sunday Open House, photography must be schedule and text received no latr than the preceding...
Thursday - Next-day turnaround - Products will be available for pickup, or couriered, for a fee.
Wednesday - 2 day turnaround - Products will be available for pickup, or couriered, for a fee.
Tuesday - 3 day turnaround (standard) - Items are shipped via UPS ground and are delivered to the Baltimore area the following business day.

Order Cancellation
Hometrack must have a credit card number on file before any print materials will be produced. A cancellation fee (50% of the minimum required order total) will be charged if a product is canceled at any time after agent has received the first proof. The cancellation fee is also charged if product is not completed within 30 days of original order date. Said amount will be credited if or when the order is completed.

Custom Design Terms

Copyright
Any material created by Hometrack is protected under copyright and cannot be reproduced without express written permission.

Process
Hometrack must have a credit card number on file and non-refundable deposit of $100 before a proof will be produced for any product ordered by an agent that is not based on their pre-purchased listing product template design.

Logo Design Terms

Copyright
Any material created by Hometrack is protected under copyright and cannot be reproduced without express written permission. Logo copyrights are transferred to the client upon remittance of final payment.

Process
Hometrack must have a credit card number on file and non-refundable deposit of 50% of the product price before a proof will be produced. Within two business days of order placement, a Hometrack designer will call with questions to help us understand client, client’s business and logo preferences. Within five business days, client will receive 4 original logo concepts created by two designers. Client will view and comment on original logo concepts. Client will view and comment on logo revisions. After approval of final logo, logo files will be available for download within one business day.

EBlast Terms

Copyright
Any material created by Hometrack is protected under copyright and cannot be reproduced without express written permission.

Process
Hometrack must have a credit card number on file and non-refundable deposit of 50% of the product price before a proof will be produced. Agents receive low-resolution, marked PDF proofs in the design and editing process. Once the PDF proof is approved, an HTML file will be created and imported into agent’s email marketing account. Agents may request one set of changes to the HTML file. Additional changes are charged at $100 per hour. Agents are responsible for creating and maintaining a list of contacts.

Web Product Terms

Web Contract
Available upon request.