TERMS AND CONDITIONS OF USE
OpenHomes Inc., a corporation organized and existing under the laws of the State of Wisconsin, is a real estate service that helps Members buy and sell real estate via the OpenHomes Inc. Website’s (the “Website”) platforms and/or mobile applications. This Website does not act as a real-estate agent for any Users or Members regardless of whether the Users or Members used the Website as a buyer or to list real estate available for purchase. The services offered by OpenHomes Inc. (the “Company” or “we”) include the Website(s), the OpenHomes Inc. lockbox, OpenHomes Inc. Content, mobile or other applications offered from time to time by OpenHomes Inc. in connection with the Website, and any and all other services developed subsequent to the creation of this Agreement (collectively, the “Services”). The Services are hosted in the United States.
This Terms and Conditions of Use Agreement (”Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with the Company). The term “User” refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. By accessing the Website, viewing any Content or using any Services you are indicating that you have read, and that you understand and agree to be bound by this Agreement , whether or not you have registered as a Member with OpenHomes Inc. If you do not agree to this Agreement, you have no right to access or use the Website or Services.
OpenHomes Inc. may modify this Agreement from time to time and such modification shall be effective upon posting by OpenHomes Inc. on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on the OpenHomes Inc. Website and that you provide to other Users. Your OpenHomes Inc. Website account and Content may not include the following: Content or photographs containing nudity, or obscene, lewd, excessively violent, harassing, racist, homophobic, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and OpenHomes Inc. assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact OpenHomes Inc. at email@example.com.
OpenHomes Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your account may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting firstname.lastname@example.org. OpenHomes Inc. may terminate your Membership at any time, without warning. Even after Membership is terminated, this entire Agreement will remain in effect.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify OpenHomes Inc. immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Non-commercial Use by Members. Listing information on the OpenHomes Inc. Website, including IDX information, is provided for your personal, noncommercial use only, and may not be used for any purpose other than to identify prospective properties you may be interested in purchasing. Services are for the personal use of Members only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by OpenHomes Inc. Illegal and/or unauthorized use of the Services, including collecting usernames and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member accounts without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
5. Proprietary Rights in Content.
A. By displaying, publishing (“posting”), or otherwise providing to OpenHomes Inc. materials in connection with the Services (collectively “Content”), you grant OpenHomes Inc. an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Content, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. OpenHomes Inc. will not pay you for your Content or to exercise any rights related to your Content set forth above. OpenHomes Inc. may remove or modify your Content at any time. For all Content, you agree to provide accurate and complete information upon request and represent that you have all rights necessary to grant OpenHomes Inc. the rights in this section. You understand and agree that any Content that you post or submit to OpenHomes Inc. may be redistributed through the Internet and other media channels, and may be viewed by the general public. You are solely responsible for all Content made available to OpenHomes Inc. or that you otherwise make available through the Services. After posting your Content to the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.
B. Without this license, OpenHomes Inc. would be unable to provide the Services. For example, without the right to modify Member Content, OpenHomes Inc. would not be able to format Content to satisfy technical requirements, and without the right to publicly use Member Content, OpenHomes Inc. could not allow Users and Members to use the Services of the Website.
The license you grant to OpenHomes Inc. is non-exclusive (meaning you are free to license your Content to anyone else in addition to OpenHomes Inc.), fully-paid and royalty-free (meaning that OpenHomes Inc. is not required to pay you for the use on the Services of the Content that you post), sub licensable (so that OpenHomes Inc. is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach).
C. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
D. The Services contain Content of OpenHomes Inc. (”OpenHomes Inc. Content”). OpenHomes Inc. Content is protected by copyright, trade secret and other laws, and OpenHomes Inc. owns and retains all rights in the OpenHomes Inc. Content and the Services. OpenHomes Inc. hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the OpenHomes Inc. Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
E. The Services contain Content of Users and other OpenHomes Inc. licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services except as provided below. You may copy information from the Services only as necessary for your personal use of such information.
6. Content Posted.
A. OpenHomes Inc. may delete any Content that in the sole judgment of OpenHomes Inc. violates this Agreement and you agree not to submit, upload, post, or transmit (a) anything which may be offensive, illegal, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behavior; (b) anything that violates the intellectual property rights of any person or entity; or (c) a virus or any other harmful component.
B. OpenHomes Inc. assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time OpenHomes Inc. chooses, in its sole discretion, to monitor the Services, OpenHomes Inc. nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
C. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. OpenHomes Inc. does not endorse and has no control over the Content. Content is not necessarily reviewed by OpenHomes Inc. prior to posting and does not necessarily reflect the opinions or policies of OpenHomes Inc. OpenHomes Inc. makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. OpenHomes Inc. reserves the right to investigate and take appropriate legal action against anyone who, in OpenHomes Inc.’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of OpenHomes Inc.:
A. is patently offensive;
B. harasses or advocates harassment;
C. promotes information that you know is false or misleading or promotes illegal activities or conduct;
D. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
E. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
F. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
G. solicits passwords or personal identifying information for unlawful purposes from other Users; or
H. includes a photograph of another person that you have posted without that person’s consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. OpenHomes Inc. reserves the right to investigate and take appropriate legal action against anyone who, in OpenHomes Inc.’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
A. criminal or tortious activity;
B. advertising to, or solicitation of, any Member to buy or sell real estate products or services outside the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. To protect our Members from such advertising or solicitation, OpenHomes Inc. reserves the right to restrict the number of e-mails which a Member may send to other Members in any 24-hour period to a number which OpenHomes Inc. deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk e-mail, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to OpenHomes Inc., but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay OpenHomes Inc. $100 for each such unsolicited communication you send through the Services;
C. covering or obscuring any portion of the OpenHomes Inc. Website via HTML/CSS or any other means;
D. any automated use of the system, such as using scripts to perform searches;
E. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
F. attempting to impersonate another Member or person;
G. using the account, username, or password of another Member at any time without that Member’s express permission;
H. selling or otherwise transferring your profile;
I. using any information obtained from the Services in order to harass, abuse, or harm another person;
J. using the Services in a manner inconsistent with any and all applicable laws and regulations;
K. reproducing, modifying, distributing, displaying or otherwise providing access to, creating derivative works from, decompiling, disassembling or reverse engineering any portion of the Services; or
L. using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our web pages, or content without prior written permission.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of OpenHomes Inc. to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to OpenHomes Inc. by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent, email@example.com, using subject line “Copyright Agent,” with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. More information is available by emailing firstname.lastname@example.org.
9. Member Disputes. You are solely responsible for your interactions with other OpenHomes Inc. Website Members. OpenHomes Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Disclaimers. OpenHomes Inc. is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Accounts or Profiles created and posted by Members on the Website may contain links to other Websites. OpenHomes Inc. is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by OpenHomes Inc. Inclusion of any linked Website on the Services does not imply approval or endorsement of the linked Website by OpenHomes Inc. When you access these third-party sites, you do so at your own risk. OpenHomes Inc. is not responsible for the conduct, whether online or offline, of any User of the Services. OpenHomes Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. OpenHomes Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall OpenHomes Inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at an OpenHomes Inc. event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and OpenHomes Inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. OpenHomes Inc. cannot guarantee and does not promise any specific results from use of the Services.
12. Limitation on Liability. IN NO EVENT SHALL OPENHOMES INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF OPENHOMES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OPENHOMES INC.’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OPENHOMES INC. FOR THE OPENHOMES INC. SERVICES DURING THE TERM OF MEMBERSHIP.
13. Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Wisconsin, without giving effect to its conflict of laws provisions. Either OpenHomes Inc. or you may demand that any dispute between OpenHomes Inc. and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures according to Wisconsin laws, provided that the foregoing shall not prevent OpenHomes Inc. from seeking injunctive relief in a court of competent jurisdiction. In any dispute arising under this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and expenses.
14. Indemnity. You agree to indemnify and hold OpenHomes Inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes OpenHomes Inc. to be liable to another.
15. Other. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and OpenHomes Inc. regarding the use of the Services. The failure of OpenHomes Inc. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at email@example.com with any questions regarding this Agreement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others and have established the following procedure for receiving notice of infringement in compliance with the Digital Millennium Copyright Act (“DMCA”).
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement relative to our system or Site should be sent ONLY to our Designated Agent.
Written notification must be submitted to the following designated Agent via letter or email:
Name of Agent Designated to Receive Notification of Claimed Infringement:
Attorney Alan Deutch
Address to Which Notification Should be Sent:
7670 N. Port Washington Road, Suite 200, Fox Point, Wisconsin 53217
Email of Designated Agent:
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
- An electronic or physical signature of the owner or the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing, and the location, where theoriginal or an authorization copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.)
- A clear description of where the infringing material is located on our website,including as applicable its URL, so that we can locate the material
- Your address, telephone number and e-mail address
- A statement that you have a good-faith belief that the disputed use is not authorized bythe copyrighted owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.