All orders for services of Virtually Home 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 Virtually Home.
Virtually Home Services
· Virtually Home will coordinate the filming of designated listing properties through an individual with whom Virtually Home has entered into an agreement to capture images of designated sites on Virtually Home's behalf ("Photographer").
· Virtually Home will convert each filmed room or scene into one Virtual Tour image ("Virtual Tour Image"), which Virtually Home will make available for linking and/or will post to certain select Web sites as a complete Virtually Home ® Virtual Tour ("Virtual Tour").
· A basic Virtually Home 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 Virtually Home ® Package"). You may link Web sites to the Virtual Tour Images or request that Virtually Home link, or if appropriate, post, the Virtual Tour Images to one Web site you select from a list maintained by Virtually Home. As provided below Virtually Home may charge extra fees for services in excess of the Basic Virtually Home ® Package, including fees for additional Virtual Tour Images and for linking or posting Virtual Tour Images to additional selected Web sites, if the additional Web sites are provided by arrangement of Virtually Home. 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 Virtually Home, 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 Virtually Home 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. It can also be saved on diskette and will have contat information of the listing agent. ("Email Virtual Tour").
· Virtual Tours will be hosted for the life of the listing, provided, however, that any Virtual Tour not being viewed during any thirty-day period after the initial six months of hosting will be archived.

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 Photographer 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 sheet at the time of your order.


· Any changes to your listing are done through your MLS system.
· Virtually Home only provides Virtual Tours for listings that are in the MLS systems.
· If your listing is not available on a given Web site, you will only be refunded the charges for that additional site, not for the entire Virtual Tour.

· The Basic Virtually Home ® Package must be paid for by a major credit card (Visa, MasterCard, American Express). Additional Virtual Tour Images (room or scene) may be added to the Basic Virtually Home ® Package for an additional fee per Virtual Tour Image. 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 your Photographer (not the Virtually Home call center) 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.
Virtually Home Technology
· Virtually Home is an authorized provider of the HomeTour 360 Virtual Tours powered by iPIX® technology. All Virtually Home® Technology (defined below) is and at all times will remain, the exclusive property of Virtually Home and its licensors, and no provision of the Terms and Conditions implies any transfer to you of any ownership interest in any Virtually Home® Technology. The term " Virtually Home Technology" means software and hardware, Tour Images, 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. The following additional provisions are applicable with regard to the Virtually Home ® Technology:
· Virtually Home hereby grants to you a nonexclusive, worldwide, royalty-free license to use the iPIX® Technology contained on the Email Virtual Tour and each CD-ROM, subject to these Terms and Conditions, in object code only, to display Virtual Tour Images. "Use" means storing, loading, installing, or executing. You may not modify the Virtually Home ® Technology or disable any licensing or control features of the Virtually Home ® Technology without the prior permission of Virtually Home.
· The Virtually Home® Technology is owned and copyrighted by Virtually Home. The license granted hereunder confers no title to, nor ownership in, the Virtually Home® Technology and is not a sale of any rights in the Virtually Home® Technology.
· You may only make copies of the Virtually Home® Technology for archival purposes or when redistributing an Email Virtual Tour as a whole. You must reproduce all copyright notices in the original Virtually Home® Technology on all copies. Any transfer or copying of the Virtually Home® Technology by you other than as expressly provided herein constitutes a material breach of these Terms and Conditions.
· You may not tamper with or alter in any way the image displayed when loading each Virtual Tour Image ("iPIX® Splash Screen"), and you shall not hinder the iPIX® Splash Screen from being fully visible upon loading of each Virtual Tour Image. You will not obstruct in any way the iPIX® Splash Screen and/or screen logo with any other images, frames, tables, or other HTML or JavaScript code.
· You will not disassemble or decompile the iPIX® Technology including single Java class files under any circumstances. The disassembly or decryption by you of any Java class file constitutes a material breach of these Terms and Conditions.
· You will not export or re-export the Virtually Home® Technology or any copy or adaptation in violation of any applicable laws or regulations.
· The Virtually Home ® Technology and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR 2.101(a), or as "restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent existing or superseding agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Virtually Home Technology and any accompanying documentation by the applicable FAR or DFARS clause or agreement between you and Virtually Home.

Virtually Home 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 Virtually Home 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 Virtually Home; (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. Virtually Home'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 Virtually Home. Virtually Home will be obligated to honor this warranty only if you inform Virtually Home 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 Virtually Home.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, Virtually Home PROVIDES ALL PRODUCTS AND SERVICES, INCLUDING THE Virtual Tour IMAGES, ON AN "AS IS" BASIS. Virtually Home MAKES, AND YOU RECEIVE, NO OTHER WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND Virtually Home 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.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Virtually Home, ITS SERVICE PROVIDERS, PARTIES WITH WHICH Virtually Home 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 Virtually Home BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT Virtually Home RECEIVED FROM YOU FOR ITS PRODUCTS AND SERVICES, EVEN IF Virtually Home 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.

You agree to indemnify, defend, and hold harmless Virtually Home, its 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 Virtually Home provision of goods and/or services ordered by you.

· 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 California 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.
· Virtually Home may revise these Terms and Conditions at any time by updating this posting and such revisions shall be effective immediately upon posting.
© 1999, 2001 Virtually Home. All Rights Reserved.