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Featured Agent Terms of Use

These Featured Agent Terms of Use (the "Agreement") govern the placement of Fizber Featured Agent advertisements (collectively, "Ads") with Fizber, Inc. ("Fizber") by the customer ("Advertiser") placing an Ad order (an "Ad Order"). If Advertiser submits an Ad Order on Fizber (as defined below) or via phone with Fizber sales team, Advertiser is purchasing the Ad directly from Fizber. In either case, Fizber and Advertiser agree and acknowledge that the Terms in this Agreement apply. Advertiser shall protect any Advertiser password(s) and takes full responsibility for any use of any Advertiser account(s) on the services offered by Fizber (the "Services").

1. Policies

Advertiser shall use the Fizber Ads subject to the Fizber Privacy Policy, Terms and Conditions, Fizber Listing Policy and Guidelines and other policies and requirements published by Fizber from time to time (collectively, "Policies"). The Policies are incorporated by reference herein and Fizber may modify the Policies at any time. Further, Advertiser may not include in the screen and profile names that are displayed in the Ad any language other than Advertiser's first and last name and/or the name of Advertiser's business. Fizber reserves the right to refuse any advertisement, for any reason.

2. Ads Programs

a. Advertiser Responsibilities

Advertiser is solely responsible for all: materials submitted to Fizber for inclusion in an Ad, including, without limitation: (i) ad photos, videos, information, URLs, and other content ("Ad Materials"), whether generated by or for Advertiser; and (ii) web sites and landing pages to which Ad Materials link or direct users, and the advertised properties and services on such pages, ((i) and (ii), collectively "Advertised Properties and Services"). Advertiser represents and warrants to Fizber that it is authorized to act on behalf of and has bound to the terms of this Agreement any third party for which Advertiser places Ads.

b. Display

Fizber shall, for a period of time as indicated in the corresponding Ad Order (the "Term" or “Subscription Term”), display an Ad including the Ad Materials on www.Fizber.com and/or other URLs controlled by Fizber (the "Fizber Sites"), and on websites and applications owned or operated by Fizber's authorized licensees (the "Licensee Sites") when applicable. Fizber shall display Featured Agent Ads on search results pages for areas located in, and within close proximity to, the ZIP code designated by Advertiser, or on other pages on the Fizber Sites or the Licensee Sites served to users who have visited pages for those ZIP codes. The order process may include a prediction of how many times the Ads are estimated to be viewed during the Term and/or how many leads Advertiser will receive but Fizber cannot guarantee the number of views or leads for Ads. Advertiser understands that users of the Fizber Sites and Licensee Sites, automated computers, third parties, and Fizber itself may generate views, impressions or clicks on Advertiser's ads for proper or improper purposes. Fizber has priced the Ads with this risk in mind, and Advertiser accepts this risk in purchasing an Ad.

c. Ad Correction

Fizber does not review all Ads prior to display, but Fizber or users of the Fizber Sites or the Licensee Sites may identify concerns with any given Ad. Fizber may send Advertiser an email notifying Advertiser to modify Ad Materials as posted, due to error or due to a violation of this Agreement, the Policies, the Terms of Use for the Fizber Sites, or for any other reason. If Advertiser does not modify the Ad Materials to comply after notice, Fizber will not be required to display the corresponding Ad or to refund any prepaid amounts to Advertiser. Alternatively, Fizber has the right, but not the obligation, to modify the Ad Materials for format, spelling, or other matters of presentation, or to comply with the terms of this Agreement, the Policies, or the Terms of Use for the Fizber Sites. Advertiser grants Fizber permission to utilize an automated software program to retrieve and analyze websites associated with the Advertised Properties and Services for ad quality and serving purposes.

d. Impression-based Featured Agent Display

Although an Ad Order may include an estimate of how many times an Ad will be displayed each month, Fizber cannot guarantee that impressions of the Ad will be uniformly distributed during any month or that the estimated number of impressions will be delivered during the Term.

e. Listing Ad Updates

Fizber may send email to Advertiser, asking Advertiser to confirm the continued currency and accuracy of an Ad. If Advertiser does not respond to the update request within the time frame specified, Fizber may remove the Ad from the Fizber Sites without refunding any prepaid amounts to Advertiser. Advertiser may reinstate the Ad, or revise it with different content, at any time during the remainder of the Term of the Ad.

3. Termination

a. Nonrefundable

All Ad purchases are non-refundable for the term or months that have expired. Refunds will only apply as outlined in Section 3(c.).

b. Term

Featured Agent Ads run for the Term, then automatically renew for a subsequent equal term. Term renewals are as described below.

c. No Refund; Repayment of Discount for Early Termination.

Fizber may, in its sole discretion, change the price to be paid by an Advertiser for such Featured Agent Ad, effective as of the beginning of any such renewal term. Advertiser will be notified via email of any change in price and may terminate a Featured Agent Ad by sending an email to CustomerService@fizber.com. Advertiser may also terminate a Fizber Ad by calling Fizber Customer Support at 888-381-2201. Upon providing notice to Fizber, Advertiser may terminate a Featured Agent Ad before the end of the Term, however: (A) past months are not refundable; (B) if Advertiser cancels during a billing cycle or in the middle of the month, Advertiser will be billed the full amount for the billing cycle or month of the then current Term or Subscription Term, as applicable; and (C) if Advertiser has received a discount, upon early termination, Fizber will hold back from the requested refund an amount equal to the total discount that Advertiser would have received during the months remaining in the Term or Subscription Term (D) a refund will only be applicable to unused months that remain in the term and Fizber will not be responsible for any other charge, refund, expense or cost. Upon providing notice to Advertiser, Fizber may terminate a Featured Agent Ad, effective immediately.

d. Restart

In the event Advertiser or Fizber stops the display of Advertiser's Ads, Advertiser is responsible to restart display, which may require a modification to the Ad Materials. Ads terminated online will cease serving shortly after cancellation or suspension.

e. Survival

Fizber reserves the right to suspend or terminate any Ads program and/or the terms of this Agreement at any time. Sections 1, 2(a), 3, 4, 5, 6, 7, and 8 will survive any termination of this Agreement.

4. Prohibited Uses; License Grant; Representations and Warranties

Advertiser shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions for Advertiser's own advertisements or any other advertisements on the Fizber Sites or the Licensee Sites; (b) use any automated means of scraping or data extraction to collect Fizber advertising related information from any Fizber Site or Licensee Site except as expressly permitted by Fizber in writing; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice. Advertiser represents and warrants to Fizber that it holds and hereby grants Fizber all rights (including any copyright, trademark, patent, publicity or other rights) in Ad Materials, Website Content and Advertised Properties and Services necessary for Fizber to operate the Ads program (including any rights needed to use, reproduce, modify, distribute, perform, display, and create derivative works of Ad Materials) in connection with this Agreement. Advertiser represents and warrants to Fizber that all Advertiser information provided in connection with Advertiser's account and any Ad Order is complete, correct and current. Further, Advertiser represents and warrants that, regarding any rights granted by Advertiser hereunder, Ad Materials, Website Content and Advertised Properties and Services will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights (including intellectual property rights). Violation of the foregoing may result in immediate termination of Advertiser's Ad Order(s) and/or Advertiser's account without notice, without limiting any other remedies available to Fizber.

5. Disclaimer and Limitation of Liability

FIZBER PROVIDES THE ADS PROGRAMS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIZBER AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. FIZBER, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, Fizber disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on any Fizber Site or Licensee Site, or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the Fizber Site(s) or the Licensee Site(s). EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO FIZBER BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures.

6. Payment

Advertiser shall be responsible for all charges as provided via Advertiser's account, and shall pay all charges in U.S. Dollars. For purchases directly from Fizber, charges are made against Advertiser's credit card at the time of purchase. In the event Advertiser fails to pay, unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Charges are exclusive of applicable taxes. Advertiser is responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) Fizber incurs in collecting unpaid amounts. To the fullest extent permitted by law, Advertiser waives all claims relating to charges (including any claims for charges based on suspected invalid clicks) unless claimed within sixty (60) days after the charge (without prejudice to Advertiser's credit card issuer rights). Charges are based solely on Fizber's measurements for the Ads program. To the fullest extent permitted by law, refunds (if any) are at the sole discretion of Fizber. Nothing in this Agreement may obligate Fizber to extend credit to any party. Advertiser acknowledges and agrees that any credit card and related billing and payment information that Advertiser provides to Fizber may be shared by Fizber with companies who work on Fizber's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Fizber and servicing Advertiser's account. Fizber may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Fizber shall not be liable for any use or disclosure of such information by such third parties.

7. Changes to Terms of the Agreement and or the Ads Programs

Fizber may change the terms of this Agreement at any time upon notice and without liability. Fizber may give notice as described in Section 10 below, or Fizber may give notice by updating the terms on the web page located at https://www.fizber.com/pros/terms.aspx. Fizber further reserves the right to change or discontinue any or all of the Ads programs at any time with or without notice.

8. Indemnification

Advertiser shall indemnify and defend Fizber, its authorized licensees, suppliers, agents, affiliates, and licensors from any third party claim or liability arising out of: (i) Ad Materials, (ii) Advertised Properties and Services, (iii) Website Content, (iv) Advertiser's violation of federal, state, local or any other laws or regulations; and (v) Advertiser's breach of this Agreement or any other applicable terms and conditions, including but not limited to the Featured Agent Terms of Use and the Fizber Terms and Conditions.

9. Consent

Advertiser agrees that Fizber, or a third party acting on behalf of Fizber, may call and/or send text messages to the telephone number(s) provided by Advertiser, including calls and text messages using an automatic telephone dialing system and/or an artificial or prerecorded voice (“Other Messages”). Advertiser further agrees that such calls and/or text messages may constitute telemarketing, e.g. Fizber may call with information about new service offerings available to Advertiser. Advertiser understands that agreeing to receive Other Messages that constitute telemarketing is not a condition to purchase.

10. Miscellaneous

This Agreement is governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Advertiser agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Orange County, California for any and all disputes, claims and actions arising from or in connection with the Ads or this Agreement. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses. This Agreement, including the corresponding Ad Order(s), constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void. Advertiser may grant approvals, permissions, extensions and consents by email, but any modifications by Advertiser to the Agreement must be agreed upon in a writing executed by both parties. Any notices to Fizber must be sent to Fizber Inc., Featured Agent Services, 999 Corporate Drive, Suite 110, Ladera Ranch, CA 92694, with a copy to Legal Department, via registered mail with return receipt or air mail or overnight courier, and are deemed given upon receipt. Notice to Advertiser may be effected by sending an email to the email address specified in Advertiser's account, or by posting a message to Advertiser's account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for a message). A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Advertiser may not assign any of its rights hereunder and any such attempt is void. Fizber and Advertiser are independent contractors, not legal partners or agents. In the event that this Agreement or the applicable Ads program is terminated, Fizber shall not be obligated to return any materials to Advertiser.

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