COMMERCIAL
Date: __ __ / __ __ 200__
I would like to use one of my Virtual
Tours from a previously purchased package.
My Certificate Number Is:
_________________________________________________________________________________________________________
I would like to
purchase a Virtual Tour for my Commercial Property which includes:
§
Appointment Scheduling
§
Professional Photographer Service
§
Scenes of your choice, filmed, processed
and hosted, if appropriate, and made available for
viewing
§
Processing of Images
˙ I would like to purchase ____ interior
scenes at $150 each $_________
˙ I
would like to purchase a lobby scene ____ floors $150 per story/floor $ _________
˙ I
would like to purchase an exterior scene at $250 per story/floor $ _________
˙ I
would like to purchase an exterior landscape at $250 per scene $ _________
ORDER
TOTAL: $______________
LISTING
INFORMATION
MLS Name:
____________________________________________________________________________________________________________
Property MLS No:
_________________________ Company
Listing ID: _____________________________________________
Property Address: _______________________________________________________________________________________________________
City, State, Zip Code _____________________________________________________________________________________________________
CONTACT
INFORMATION
Agent Name:
___________________________________________________________________________________________________________
Company Name:
________________________________________________________________________________________________________
Real Estate
Board:
_______________________________________________________________________________________________________
Office Address:
_________________________________________________________________________________________________________
City: _________________________________ State:
______ Zip Code: __________________________
Office Phone: _____________________ 2nd Phone:
_____________________ Fax: __________________
Agent Email: _____________________________________________________________________________
Personal Webmaster
Email: __________________________________________________________________
BILLING
INFORMATION
Card Type (check
one): American Express ____ MasterCard ____ Visa ____
Discover _____ Exp Date:
____/____
Card Number: __ __ __ __ __ __ __ __ __ __ __ __ __ __
__ Billing Zip Code: ___________ Number (code) on back of card: __ __ __
Card Holder Name:
______________________________________________________________________________________________________
(as
it appears on card)
Billing address:
___________________________________________________________________________________________________________
City:
I hereby authorize
Virtual Imaging to charge the above credit card for the amount shown
above. I understand by placing this
order with Virtual Imaging that I am agreeing to the Real Estate Terms and
Conditions on reverse side. I understand
a minimum 24 hour cancellation notice is required, or a fee of $35 will be
applied to my account. If mileage to
tour site exceeds 20 miles from Main Office, a surcharge of $1/mile may
apply. Please note that Garner &
Associates, Inc. will appear on your credit card statement.
Please fax your order to our secure fax at 770-947-9240. Customer Service: 800-889-3692.
REAL ESTATE TERMS AND CONDITIONS All orders for services of *Virtual Imaging ("VI")
provided herein are subject to the following Real Estate Terms and Conditions
of Services (the "Terms and Conditions"). PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. BY USING THESE
SERVICES, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE AGREED TO BECOME A PARTY TO
AND LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE
SERVICES. These Terms and Conditions do not abrogate or in any way alter any
other agreements made between you and iPIX or Homestore.
VI
SERVICES VI will film the designated listing properties to capture
images of designated sites ("Service Provider"). VI will use the appropriate software to
convert each filmed room or scene into one virtual tour image ("Virtual
Tour Image"), which VI will make available for linking and/or will post to
certain select Web sites as a complete Virtual Tour ("Virtual
Tour"). You may link Web sites to
the Virtual Tour Images or request that VI link, or if appropriate, post, the
Virtual Tour Images to another Web site. As provided below, VI may charge extra
fees for services in excess of the Basic VI Package, including fees for
additional Virtual Tour Images and for linking or posting Virtual Tour Images
to additional selected Web sites. However, if you make your own arrangements
with additional Web sites and you effect viewing of
the Virtual Tour Images on such Web sites through your own means and with no
additional effort of VI, no additional fee will be charged and you may include
the Virtual Tour Image on as many Web sites as you desire. VI will provide an email virtual tour, which
is a self-extracting executable file that displays a Virtual Tour and that can
be attached to an email and sent to any number of recipients ("Email
Virtual Tour"). Virtual
Your Obligations –
Preparation/Presentation You will: Be present (or have your
associate present) throughout the time of filming of the Virtual Tour. Prepare the listing property for filming by
the Service Provider upon arrival. Provide
the MLS number at the time of your order.
CHANGES TO A LISTING Any changes to your listing are done through your MLS
system. If you post your tour on a local
area web site through VI, additional charges may be incurred to have VI make
changes to your listing.
FEES/PAYMENTS/CANCELLATIONS The current schedule of fees for VI's services is posted on
the reverse of this and is subject to change.
Current fees will be verified at time of order. The Basic VI Package must be paid for by a
major credit card (Visa, MasterCard, American Express or Discover). Additional
Virtual Tour Images (room or scene) may be added to the Basic VI Package for an
additional fee per Virtual Tour Image. Linking or posting to additional Web
sites selected from a list maintained by VI is available for an additional fee,
per site. An additional fee will apply for filming a Virtual Tour consisting of
scenes at different locations. Virtual
Tours from a prepaid package are valid for one year from the date of purchase.
If the Virtual Tour is not used during this time it will expire and be deemed
forfeited. To avoid a cancellation fee,
you must provide notice of cancellation to VI at least 24-hours prior to your
scheduled filming appointment. A fee will apply for cancellation within
24-hours. Once a Virtual Tour is posted
or linked, individual Virtual Tour Images within the Virtual Tour can only be
deleted or replaced for a fee. If you
miss an appointment, you will be charged a fee.
An additional fee will be charged to relist a
Virtual Tour for the same agent or a new agent for a given property with a new
MLS number. If the relisting
agent desires to add any new scenes to the original Virtual Tour, the entire
Virtual Tour must be reshot.
iPIX® Technology All iPIX® Technology (defined
below) is and at all times will remain, the exclusive property of iPIX and its licensors, and no provision of the Terms and
Conditions implies any transfer to you of any ownership interest in any iPIX® Technology. The term "iPIX
Technology" means software and hardware, Video Tour Images, Video Tours,
including the iPIX® Java™ Software and the
self-extracting and viewing technology incorporated into the Email Virtual
Tours and CD-ROMs used to capture, process, host, distribute, and view Virtual
Tour Images. You may not modify the iPIX® Technology
or disable any licensing or control features of the iPIX®
Technology without the prior permission of iPIX. The iPIX®
Technology is owned and copyrighted by iPIX. The
license granted hereunder confers no title to, nor ownership in, the iPIX® Technology and is not a sale of any rights in the iPIX® Technology.
You may only make copies of the iPIX®
Technology for archival purposes or when redistributing an Email Virtual Tour
as a whole. You will not disassemble or
decompile the iPIX® Technology including single Java
class files under any circumstances. You will not export or re-export the iPIX® Technology or any copy or adaptation in violation of
any applicable laws or regulations.
Additional Terms and Conditions Limited Warranty VI warrants that, for a period of six (6)
months from the date of your order, the Virtual Tour Images will open and
display properly; provided, however, that VI does not warrant (a) the quality
or proper functioning of systems of any third party hosting or displaying links
to any Virtual Tour Image or corresponding MLS listing; (b) the quality or
proper functioning of Virtual Tour Images viewed by any means other than
proprietary viewing software developed and distributed by iPIX;
(c) the clarity or lighting of Virtual Tour Images; or (d) that linking and
functioning of each Virtual Tour Image will be uninterrupted or secure. VI's
sole liability for any breach of this warranty shall be to use commercially
reasonable efforts to correct the Virtual Tour Image or the link to the Web
site or sites, solely to the extent such correction is practicable and within
the control of VI. VI will be obligated to honor this warranty only if you
inform VI of your problem with the Virtual Tour Image during the applicable
warranty period and provide evidence of the date you ordered the Virtual Tour
Image from VI. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, VI PROVIDES ALL
PRODUCTS AND SERVICES, INCLUDING THE VIRTUAL TOUR IMAGES, ON AN "AS
IS" BASIS. VI MAKES, AND YOU RECEIVE, NO OTHER WARRANTIES OR CONDITIONS,
EXPRESS, IMPLIED, OR STATUTORY, AND VI SPECIFICALLY DISCLAIMS ANY IMPLIED OR
STATUTORY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL VI, iPIX, HomeStore, or their SERVICE PROVIDERS, PARTIES WITH WHICH
VI, iPIX, and/or HomeStore
HAS ENTERED INTO STRATEGIC ALLIANCES ("ALLIANCE PARTNERS"), OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR: LOSS OF GOODWILL; DEFAMATION; INVASION OF PRIVACY; TRESPASS TO REAL
PROPERTY OR CHATTELS; LOSS OF BUSINESS OPPORTUNITY, SALE OR PROFITS; COMPUTER
FAILURE OR MALFUNCTION; OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN
NO EVENT WILL VI, iPIX, and/or HomeStore
BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT VI RECEIVED FROM YOU FOR ITS
PRODUCTS AND SERVICES, EVEN IF VI SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION You agree to indemnify, defend, and hold harmless VI, iPIX, and/or HomeStore and their
Service Providers, Alliance Partners, and their respective officers, directors,
agents, employees, successors, and permitted assigns from and against any and
all losses, claims, suits, proceedings, liabilities, expenses (including
reasonable attorneys' fees and expenses), causes of action, damages, and costs
arising out of or in connection with (a) your failure to comply with any term
or condition set forth herein or (b) any claim of trespass, defamation,
invasion of privacy, or similar claim based on the VI, iPIX,
and/or HomeStore provision of goods and/or services
ordered by you.
MISCELLANEOUS THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN AND NOT
THOSE IN YOUR PURCHASE ORDER, AND ANY CONFLICTING OR ADDITIONAL TERMS SET FORTH
IN YOUR PURCHASE ORDER ARE HEREBY REJECTED.
If any provision of these Terms and Conditions is held to be
unenforceable, such provision shall be reformed only to the extent necessary to
make it enforceable. These Terms and
Conditions shall be governed by Georgia law (except for conflict of law
provisions). The application of the
United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded. The Terms and
Conditions on the day an order is received by VI governs
that specific order. Terms and Conditions are subject to change. Every reference to Virtual Imaging refers to
*Garner & Associates, Inc. dba Virtual Imaging
(VI).
VI – Commercial Order Form 03/04 Rev.
2