If your use of Zillow causes a legal claim against Zillow, including from third parties, you agree to pay Zillow's legal costs and any losses arising from that claim.
This analysis describes what Zillow's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The indemnification clause allocates legal defense and liability costs to users for disputes or claims connected to their service use or conduct. This shifts financial responsibility for legal expenses and damages from Zillow to the user in specified circumstances.
Interpretive note: The practical enforceability of broad user indemnification clauses against individual consumers varies by jurisdiction and may be limited by unconscionability doctrine or state consumer protection statutes.
If a third party sues Zillow because of something you did on the platform, you are contractually obligated to cover Zillow's legal defense costs and any resulting losses, which could far exceed the $100 liability cap that applies in the opposite direction.
How other platforms handle this
SECTION 17 OF THIS AGREEMENT CONTAINS AN INDEMNIFICATION PROVISION.
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You agree to defend, indemnify, hold harmless and, at Wyze's option, defend Wyze and its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way c...
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"You agree to defend, indemnify, and hold harmless Zillow and its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Services, your violation of these Terms, or your violation of any rights of a third party.— Excerpt from Zillow's Zillow Terms of Use
REGULATORY LANDSCAPE: User indemnification clauses are common in consumer platform agreements and are generally enforceable under U.S. contract law, though courts may decline to enforce such clauses against consumers in cases where the indemnification obligation is found disproportionate or unconscionable relative to the consumer's actual conduct and resources. Some state consumer protection statutes impose limits on indemnification obligations in consumer contracts. GOVERNANCE EXPOSURE: Medium. The asymmetry between the $100 liability cap protecting Zillow and the potentially unlimited indemnification obligation imposed on users creates a notable disparity that may attract scrutiny in jurisdictions with active consumer protection enforcement. JURISDICTION FLAGS: California courts may evaluate the indemnification clause under unconscionability doctrine if it is argued that the disparity between user indemnification obligations and Zillow's $100 liability cap creates substantive unconscionability. Other states with strong consumer protection frameworks may similarly scrutinize broad indemnification clauses in consumer terms. CONTRACT AND VENDOR IMPLICATIONS: Real estate agents and business users operating through Zillow's platform should assess their potential indemnification exposure, particularly if they upload third-party content or engage in practices that could generate intellectual property or privacy claims. COMPLIANCE CONSIDERATIONS: Legal teams reviewing Zillow as a vendor or platform partner should flag the indemnification clause as a potential liability transfer mechanism and ensure that their own insurance and indemnification policies address the scenarios described in this clause.
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The indemnification clause allocates legal defense and liability costs to users for disputes or claims connected to their service use or conduct. This shifts financial responsibility for legal expenses and damages from Zillow to the user in specified circumstances.
If a third party sues Zillow because of something you did on the platform, you are contractually obligated to cover Zillow's legal defense costs and any resulting losses, which could far exceed the $100 liability cap that applies in the opposite direction.
ConductAtlas has identified this type of provision across 11 platforms. See the full comparison.
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