General use of services
PHOTOGRAPHY SESSION APPOINTMENT:
Edberg Marketing Photographer will contact you within two business days of this message (excluding weekends and holidays) to schedule an appointment for this shoot. It is highly recommended that either you, an authorized representative appointed by you, or the homeowner be present at the shoot. Due to safety and liability concerns, scheduled shoots may be delayed or rescheduled due to inclement weather at the Photographer’s sole discretion. If you did not specify the rooms/areas to be photographed when placing this order, please make sure to have this information ready when contacted. If you are unsure of the areas you wish to showcase, your Photographer will be glad to assist you.
Once the Property Tour photos have been taken, the Virtual Tour will be completed and posted to the websites listed in this email message typically within 24 hours upon final Floor Plan approval by the customer. An Order Completion Notification containing the link to the Virtual Tour will be emailed to you as well. If you do not receive the Order Completion Notification email, please contact Edberg Marketing Customer Service for further assistance.
PROPERTY PREPARATION:
1. The Photographer shooting your property likely has other shoots scheduled that day, so it is important to be timely and to make sure that all areas to be photographed are camera ready before the Photographer arrives. Photographers are not responsible for tidying areas that are to be photographed. If the property is not camera ready upon the Photographers' arrival, the Photographer has the right to refuse to complete the assignment, and a cancellation fee may be charged.
2. For indoor living areas that will be photographed, make sure that the rooms are clean and free of extraneous objects, such as boxes, cleaning supplies, loose cords, trash, etc. Beware: if the refrigerator is plastered with magnets and papers, or if there are dirty dishes in the sink, these will show up on the tour! Turn on as many interior lights as possible to brighten up the room; if there is a dark area in a room, try to add temporary lighting. If there are televisions in the room, turn them off. For rooms with mirrored closets or walls, be especially aware of the mirrors and what they are reflecting - often, something you don't intend to be in the shot will be shown reflected in the mirrors.
3. For outside areas, make sure to clean and straighten-up...if a garbage can is in view, it will show up on the image; same holds true for vehicles, lawnmowers, garden tools, toys and clutter! Present pool areas in the best light - straighten deck chairs, remove towels and pool accessories.
Realtor.com Posting
If this Property Tour is to be posted on Realtor.com and to any websites under the Realtor.com/Homestore Distribution Network, please review the following information:
1. In order for this Property Tour to successfully post to Realtor.com, the listing must already be up on Realtor.com, and the data entered for this Property Tour (i.e., the MLS number, the agent name, property address, city, and zip code) must match the information that is listed on Realtor.com.
2. If you are unsure whether or not your company transmits listing data to Realtor.com, Do not order this posting option until this has been confirmed. Realtor.com Tour postings may be ordered after a Property Tour has been completed by contacting your Edberg Marketing. If you order a Tour posting to Realtor.com and find out later that your company does not transmit listing data to Realtor.com, a refund cannot be issued.
3. Once the Property Tour has been completed, it is strongly recommended that you check to make sure the Tour has posted onto Realtor.com. If the Tour has not posted after 24 hours of receiving this email, please contact Edberg Marketing for further assistance. The importance of checking to make sure the Tour has posted cannot be stressed enough…Realtor.com will not issue refunds for Tours that do not post to Realtor.com. As indicated above, Tours will not post if there is missing or conflicting information.
4. Tours posted on Realtor.com will remain active for the earlier of one year or the life of the listing.
5. If one property is associated with more than one MLS number, a separate posting may be made to each MLS listing that is featured on Realtor.com. The cost for this is $24.95 per posting (an additional $15.00 per Tour processing charge will also apply).
Additional Fees
1. Photography Session Cancellation: Any cancellation made less than 24 hours in advance of the scheduled shoot will incur a cancellation fee. To cancel an appointment, you must contact your Photographer directly via phone (see above for Photographer contact information). For specific details on fees, please consult Edberg Marketing Customer Service.
2. Appointment No Show: It is highly recommended that you, an authorized representative appointed by you, or the homeowner be present at the photography session. If the Photographer arrives at the property and the designated person is not in attendance within 15 minutes of the appointed time, a no-show fee will be charged. If the designated person is unable to attend the shoot, and the Photographer is granted permission to enter the property, the decision to complete the shoot will be at the Photographer's sole discretion. If the Photographer elects not to shoot the property, this decision will be binding and has been made based on safety and liability concerns. The no-show fee will be charged in this case. For further details on fees, please consult Edberg Marketing Customer Service.
3. Property Not Camera Ready: If the property is not camera ready upon the Photographers' arrival, the Photographer has the right to refuse to complete the assignment, and an on-location cancellation fee may be charged. For more details on fees, please consult Edberg Marketing Customer Service.
4. Rescheduling Appointment: To reschedule this Property Tour shoot, you must contact your Photographer by phone (see above for contact information) no less than 24 hours in advance of the original appointment. If you, your appointed authorized representative, or the homeowner reschedules within 24 hours of the original appointment, this will be considered a cancellation, and a cancellation fee will be charged. For further details on fees, please consult Edberg Marketing Customer Service.
5. Image Quality Issues: If the appearance of any photograph is unsatisfactory, the Edberg Marketing Processing Team will review the image to determine whether a retake is necessary and who will incur the expense of the retake. Imagemaker360 reserves the right to have the final decision on such retake requests. Retakes based on issues other than photo quality are subject to a base fee, out-of-area travel fees (if applicable), plus the cost for any additional virtual tour images or stills that are requested. Retakes necessary due to quality issues clearly resulting from incorrect camera settings will be retaken at no additional cost. If you do not personally attend the shoot, this will prevent your ability to provide artistic input and will void the right to request retakes for reasons other than quality issues at no additional charge. For specific details on fees, please consult Edberg Marketing Customer Service.
6. Change in MLS number: If the property accompanying this Property Tour has a change of MLS number, there may be a fee to attach this Property Tour to the new MLS listing. Additional fees may apply to resubmit this Virtual Tour to other websites. For further details on fees, please consult Edberg Marketing Customer Service.
7. Credit Card Decline: A $25.00 fee will be charged if the credit card used for the payment of this Tour has been declined by our credit card processing provider. Edberg Marketing will notify you via email and/or phone if the credit card declines. If payment has not been resolved within 24 hours of notification, Edberg Marketing reserves the right to deactivate all of your Edberg Marketing Property Tours until payment has been successfully accepted by our credit card processing provider.
Refunds
As a general policy, refunds are not issued. It is your responsibility to check to make sure that the data provided on the Property Tour is correct, and that the Tour has been successfully posted within 24 hours of Tour completion. Posting problems, image quality issues, or incorrect or missing data must be communicated to Edberg Marketing Customer Service no later than 48 hours (excluding weekends and holidays) of tour completion. If image quality is an issue, the images will be sent to the Edberg Marketing Processing Team for touch-up services (see “Image Quality Issues” for further details).
Disclaimers and limitations
The floor plans provided by Edberg Marketing are not intended to be, nor should they be relied on as, official architectural drawings or similar renderings of a floor plan by a licensed, professional architect, engineer or other similar professional. Edberg Marketing is not responsible or liable for any acts or omissions created or the result of inaccurate measurements or placement of details within a floor plan rendering. Edberg Marketing recommends that persons interested in the exact floor plan of the property in question consult a licensed architect, engineer or check with the local government offices of the city in which the property is located for the official blue prints or architectural drawings of the property.Edberg Marketing intends that the information contained in this web site and the Edberg Marketing services be reliable; however, errors sometimes occur. In addition, Edberg Marketing may make changes and improvements to the information provided through this web site at any time. Edberg Marketing and its suppliers and authorized service providers disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to Edberg Marketing services, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Use of Edberg Marketing services and this web site is at users own risk. Edberg Marketing and suppliers and authorized service providers are not liable for any indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of the Edberg Marketing services or with the delay or inability to use the web site, or for any information, software, products and services obtained through the web site, or otherwise arising out of the use of the web site or the Edberg Marketing services, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if floor plan online and/or its suppliers or authorized service providers had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to user. Users sole remedies for dissatisfaction with the Edberg Marketing services is to stop using such services and to make a claim for fees already paid to Edberg Marketing with respect to such services.
Indemnity
As a condition of use of the Edberg Marketing, user agrees to indemnify and hold harmless Edberg Marketing and its suppliers and authorized service providers from and against any and all liabilities, losses, expenses and damages (including attorneys' fees) arising out of claims resulting from users use of the Edberg Marketing services, including without limitation any claims alleging facts that if true would constitute a breach by user of these terms of use.
Errors and delays
Edberg Marketing is not responsible for any errors or delays in creating a computer-aided rendering of a floor plan for a property, nor is Edberg Marketing responsible for any errors or delays in responding to a request for a floor plan rendering caused by an incorrect e-mail address provided by user or other technical problems beyond our reasonable control.
Dispute resolution
Any claim or controversy arising out of or relating to the use of the Edberg Marketing service, to the goods or services provided by Edberg Marketing, or to any acts or omissions for which user may contend Edberg Marketing is liable (dispute) shall be finally, and exclusively, settled by arbitration in the State of New Jersey. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Edberg Marketing. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in New Jersey. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the join or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. This agreement provides that all disputes between user and Edberg Marketing will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. Users rights will be determined by a neutral arbitrator and not a judge or jury.
Other terms
These terms of use shall be subject to and construed in accordance with the laws of the State of New Jersey, excluding its conflict of laws principles. You agree that no joint venture, partnership, employment or agency relationship exists between you and Edberg Marketing as a result of this agreement or use of the Edberg Marketing services. If any part of these terms of user are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. Unless specified otherwise herein, this agreement constitutes the entire agreement between you and Edberg Marketing with respect to Edberg Marketing services and the use of this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Edberg Marketing.
This policy is subject to change without notice.
If you have any questions regarding your order or about Edberg Marketing Property Tour Program policies, please contact Edberg Marketing Customer Service by phone, fax, or email. Contact information follows below.
FOR SUPPORT INQUIRIES, PLEASE CONTACT:
Edberg Marketing
888-851-8651
www.edbergmarketing.com
mail@edbergmarketing.com
