RESIDENTIAL
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 Package for $129.95 which includes:
§
Appointment Scheduling
§
Professional Photographer Service
§
4 scenes of your choice, filmed,
processed and hosted by Realtor.com and made available for viewing
§
Email Tour with Agent Photo & Info
ready for use as Email Marketing tool, for Disk or CD for follow up
presentations
§
Flat Pictures (2)
§
Processing of Images
§
Posting of Images to Realtor.com and
HomeStore.com
§
One Year Display on Realtor.com Total: $129.95
˙ I
would like to purchase ______ flat scenes @ $15/ea. _________ x $15 = $_________
˙ Please
create an Email tour with my photo & info @ $29.95 per tour $29.95 = $_________
˙ Please add additional
scenes to my Virtual Tour @ $30 per scene __________
x $30 = $_________
UPGRADE
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 $24 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: toll free at 1-800-889-3692.
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"). A basic VI package consists
of four Virtual Tour Images filmed at a corresponding number of rooms or scenes
for a single residential living unit or one-family dwelling ("Basic VI
Package"). 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. For an additional fee, 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 the
homeowner or your associate present) throughout the time of filming of the
Virtual Tour. Prepare the listing
property for filming by the Service Provider upon arrival. We suggest that you
advise the homeowners to clean the house and remove valuable personal effects
from the rooms that will be filmed so that they do not appear in the Virtual
Tour. 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 available
on the Rate Card 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 – Order Form 03/04 Rev.
2