BEFORE USING OPENHOUSEON.COM LLC WEB SITES AND/OR RELATED SERVICES, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING OPENHOUSEON.COM, FORRENTOPENHOUSE.COM, COMMERCIALOPENHOUSE.COM, AND/OR TODAYWEBUY.COM, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING PARTY TO THIS AGREEMENT.
1. Use of Website. Subject to the terms and conditions set forth in this Agreement, OpenHouseOn.com LLC grants you use of its proprietary web sites, together with its documentation and/or services ("Website").
OpenHouseOn.com LLC allows any person to view, copy, print, and distribute all or parts of this web site subject to the following conditions:
You grant to OpenHouseOn.com LLC that any content posted on Website can be used by Website royalty-free, without any compensation to you or others, and which can be used by Website in an irrevocable, perpetual, worldwide, transferable right and license to use, whereby Website can use, copy, delete, update, create derivative works from, sell, or distribute in any form without any compensation to you or others.
You agree not to use Website in any unlawful manner. Any unlawful actions taken by others based on any submitted and posted content on Website cannot be used to hold OpenHouseOn.com LLC liable for their unlawful actions.
By submitting any content to be posted on Website, you warrant that you are the owner of the content, or have been granted permission and all rights by owner to post any content to Website on their behalf and can represent and agree to all conditions in this Agreement on owner's behalf.
As a user of Website, you:
Website may provide links to third-party products, services, and other web sites. OpenHouseOn.com LLC does not endorse nor assumes any legal responsibility for such products, services, and web sites.
2. Copyright and Title. You acknowledge that Website, all user's manuals, and other supporting documentation constitute valuable property of OpenHouseOn.com LLC and that all title and ownership rights in Website and related materials remain exclusively with OpenHouseOn.com LLC. OpenHouseOn.com LLC reserves all rights with respect to Website and supporting documentation under all applicable laws for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks, and patents. You may not reverse engineer, decompile, disassemble, or otherwise analyze the Website, or knowingly allow others to do so. These restrictions shall continue to bind you and its agents and representatives beyond the termination of this Agreement.
3. Patent. The United States Patent Office has awarded OpenHouseOn.com LLC United States Patent 9,076,184 titled METHOD AND APPARATUS FOR ENCHANCING OPEN HOUSE VIDEO TOURS FOR REAL ESTATE PROPERTIES. If you build web sites similar to OpenHouseOn.com LLC, provide services or products similar to our claims or any of our alternative embodiments, you should contact us to ensure you do not violate our patent claims. As required by the United States Patent Office, OpenHouseOn.com LLC will vigorously enforce our patent claims, and at OpenHouseOn.com's LLC sole discretion, may claim any and all revenue derived from any prior and/or current use of our patent claims.
4. Termination. This Agreement is effective upon use of the Website and shall continue until terminated. You may terminate use of Website at any time. OpenHouseOn.com LLC may terminate this Agreement upon the breach by you of any term or condition of this Agreement. OpenHouseOn.com LLC may suspend or discontinue Website at any time to you and/or others without notice. If your user account is inactive, where you have not logged into Website for over three (3) months, OpenHouseOn.com LLC can remove your user account and any related listings from Website without notice to you and/or others.
5. Limited Warranty. You accept Website "AS IS", "AS AVAILABLE", "WITH ALL FAULTS", and in lieu of all other warranties and conditions, expressed or implied, including, but not limited to, those for merchantability and fitness for a particular purpose. OpenHouseOn.com LLC accepts no responsibility for the operation or performance of the Website. The entire risk of use and consequences of use of the Website falls completely on you and OpenHouseOn.com LLC shall not be liable in any respect for any loss claims or injury alleged to have resulted from use of or in reliance on Website. In this respect, you shall indemnify and defend against any and all claims, including claims by third parties or by your employees, which arise directly or indirectly out of your use or operation of Website. You acknowledge that you have read the foregoing disclaimers of warranty and limitation of liability and understand that you assume the entire risk of use of the Website.
6. Limitation of Liability. OpenHouseOn.com's LLC cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed any fees paid by you to OpenHouseOn.com LLC for the use of the Website. In no event shall OpenHouseOn.com LLC be liable for any damages whatsoever (including, but not limited to, loss of profit, business interruption, loss of business information, or any other commercial, special, incidental, consequential, exemplary or other damages) arising out of the use of or inability to use the Website, even if OpenHouseOn.com LLC has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Advertising. OpenHouseOn.com LLC reserves the right to refuse to publish any advertisement, to correctly classify any advertisement, and to delete objectionable words or phrases. Publication of an advertisement does not constitute an agreement for continued publication. In the event of an error, OpenHouseOn.com's LLC liability shall be limited to the cost of the advertisment. Under no circumstances shall OpenHouseOn.com LLC be liable for consequential damages of any kind.
8. E-Mail Marketing Compliance. OpenHouseOn.com supports Agent Blasts to announce new listings, open houses, and price drops.
OpenHouseOn.com meets the requirements as specified by the CAN-SPAM Act of 2003. This act allows companies to send unsolicited commercial emails so long as:
9. Real Estate Feed. OpenHouseOn.com LLC uses Oodle Feeds to provide you and our users with real estate listings nationwide. OpenHouseOn.com LLC has no control over the accuracy of this information provided by third-party feeds. You agree not to hold OpenHouseOn.com LLC liable for any errors, omissions, and/or misrepresentations found in such feeds.
10. Export Controls. You agree that neither the Website nor any direct product thereof is being or will be shipped, transferred, or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and its associated regulations or will be used for any purpose prohibited by the Act.
11. Business Model. OpenHouseOn.com LLC can change its business model at any time, for any reason, and without prior notice to you. Best efforts will be made to discuss with you whether to refund any payments for future services or to complete any agreeded services for their specified time period.
12. TodayWeBuy. The views and opinions expressed by users of TodayWeBuy, a Social Media for Home Buyers and Sellers website, are those of the author(s) and may not be the views or opinions of OpenHouseOn.com LLC's management or its employees. Please report any offensive or inappropriate content. Best efforts will be made to remove any offensive or inappropriate contents in a timely manner.
Posts written by OpenHouseOn.com LLC staff on TodayWeBuy.com are recommendations only. You are responsible to independently research and verify any and all statements made in posts written by OpenHouseOn.com LLC staff or any of our participating members prior to making any financial decisions, such as buying a home. OpenHouseOn.com LLC is not responsible for any financial loss which you may experience by using our website and/or making decisions based on any and all posts found on our websites.
OpenHouseOn.com LLC may remove any and all TodayWeBuy posts or replies posted by you at any time, for any reason, and without notice to you. On an ongoing basis to maintain the website, OpenHouseOn.com LLC will remove older TodayWeBuy posts and replies without notice to you.
TodayWeBuy can be used by agents and brokers to demonstrate their knowledge in the real estate field and potentially obtain leads with buyers and/or sellers in the process. However, agents and brokers are not guaranteed leads will be generated from using TodayWeBuy.com and/or OpenHouseOn.com.
13. Let Agents Compete. The Let Agents Compete program allows buyers and sellers to ask OpenHouseOn.com LLC to request proposals from its members to offer potential rebates to buyers and/or sellers as part of any escrow instructions.
Agents are not required to participate in this program. Buyers and sellers may not receive any proposals, even if they request such a proposal, as part of this program. Those agents who do participate can provide any rebate amount they feel comfortable in offering to the buyer or seller.
If the buyer or seller accepts an agent's proposal, the buyer will sign the agreement prepared by OpenHouseOn.com LLC first. Then the agent will sign and be provided the buyer's name and contact information. If the buyer or seller enter escrow for a property using the agent within nine (9) months of the agent's signed agreement date, escrow instructions will rebate the buyer or seller with the stated rebate amount as noted in the signed contract and will provide OpenHouseOn.com LLC with 5% of the agent's commission fee at the close of escrow for its services. If a dual agent represents both the buyer and seller, the escrow instructions will provide OpenHouseOn.com LLC with 5% of the total commission at the close of escrow.
All Let Agents Compete contracts between agents, buyers and/or sellers, and OpenHouseOn.com LLC terminate nine (9) months after the agent's signed agreement date and where escrow for a property has not yet been opened. Escrow is opened when the agent receives an escrow number from the escrow officier.
It is the legal responsibility of the agent to ensure instructions are provided to the escrow office to rebate the buyer and/or seller as agreed to in the signed contract if and when a property enters escrow. Not providing instructions to the escrow office will make the agent legally liable to their buyer and/or seller and to OpenHouseOn.com LLC. OpenHouseOn.com LLC is not liable to the buyer or seller if an agent does not provide instructions to the escrow office as it is the agent's responsibility to do so.
If the agent no longer represents the buyer or seller as found in the final escrow instructions for a property at the close of escrow, the buyer and/or seller will not receive any rebate from the agent and OpenHouseOn.com LLC will not receive its 5% fee.
Any controversy or claim arising out of or relating to a Let Agents Compete contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration is mandatory and binding, where the parties waive their rights to access the courts which includes having a judge or jury decide the case. In addition, agents, buyers, and sellers waive their right to bring a class action claim against OpenHouseOn.com LLC.
14. Governing Law. With the exception of using arbitration to resolve any Let Agents Compete program disputes (as described above), this Agreement shall be construed, interpreted, and governed in accordance with the laws of California. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Ventura County, California, for any and all disputes, claims, or actions arising from or in connection with the Website and/or this Agreement. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
This Agreement was last updated on January 25, 2018. Should you have any questions concerning this Agreement or if you desire to contact OpenHouseOn.com LLC for any reason, please write:
Attn: Customer Support
2390-C Las Posas Road, Suite 438
Camarillo, California 93010
November 3, 2018. Use of OpenHouseOn.com or TodayWeBuy.com will not guarantee buyer and/or seller leads.
July 6, 2018. OpenHouseOn.com LLC is not liable for any financial loss based on written posts. Users must verify all statements independently.
February 1, 2018. Added Let Agents Compete section. Updated Governing Law section.
January 25, 2018. Updated Use of Website, Patent, and Email Marketing Compliance sections.
July 30, 2017. Added TodayWeBuy section.