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OpenHouseProperty.com LLC Terms of Use Agreement Open
House Property.com LLC TERMS OF USE AGREEMENT
Please read this Terms of Use Agreement ("Agreement") carefully. By accessing this web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access this web site.
Open House Property.com LLC. (“Open House Property.com”) offers the services to you, the “Member” "Non-Member" or “Professional Service Providers”, conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your agreement with Open House Property.com and/or use of Open House Property.com’s services constitutes your acceptance to these terms of use. These Terms of Use are subject to change at any time, without prior notice.
Member Services to Home Buyers and Sellers
Open House Property.com allows Members in good standing to post an unlimited amount of real estate listings and open house listings on Open House Property.com during the term of membership. All memberships include a Member customized post card mailed directly to the Member with a picture of the property listed.
Fees for Membership are as follows:
1 Month 1 Year
Unlimited Listing Membership $29.99 $299.00
Pricing for the following additional services is as follows:
Members Non-Members
* Individual Property Listings INCLUDED $39.99 each listing
* Open House Listings INCLUDED $14.95 each, per week
Other services and pricing available:
* Banners/Advertising (small - per month) Call for Monthly Fees Applicable
* Banners/Advertising (link to website - six months) Call for Fees Applicable
* Rotating Banners/Advertising (large - per month) Call for Monthly Fees Applicable
* Create personal webpage Call for Monthly Fees Applicable
* Place your personal webpage on Open House Property.com (per month) Call for Monthly Fees Applicable
* Package Create personal webpage and place your personal webpage on Open House Property.com For one year Call for Fees Applicable
* Business Listing (name, address and phone number - per month) Call for Monthly Fees Applicable
* Hyperlink to your website (per month) Call for Monthly Fees Applicable
All prices, services, terms and conditions are subject to change at any time at the sole discretion of Open House Property.com, without notice.
All Member listings posted are administered and edited exclusively by the Member using the provided secure access with their own user name and password.
As Open House Property.com uses email, phones, and IM (instant messenger), to provide Open House Property.com services, all Open House Property.com Members must consent to receive emails, phone calls or instant messenger from to qualify for Open House Property.com services. Open House Property.com Members will also be required to consent to receive emails from third party(ies), if the Open House Property.com service requested requires services from a third party(ies)(for example, a local real estate agent or lender).
To assure the quality of Open House Property.com’s services, you affirm that all of the information you have provided and/or posted on Open House Property.com, whether online or otherwise, is accurate and complete. Open House Property.com reserves its right, in its sole discretion, to terminate or suspend access to any Member information that is alleged to be inaccurate or misleading, intentionally or otherwise.
Open House Property.com may refer Professional Service Providers, including, but not limited to, mortgage lenders, real estate brokers, attorneys, home inspectors, appraisers, advertising agencies, architectural designers, insurance agents or other related “services” to Members, but Open House Property.com does not engage in any of these professions or services associated therewith. Real Estate brokerage activities are performed by local Professional Service Providers, mortgage lenders, brokers, attorneys or other related “service provider(s)” that have been referred to you by Open House Property.com. The terms of any agreement between a Professional Service Provider and/or mortgage lending institution or firm and Open House Property.com are not endorsed, recommended or otherwise known to or by Open House Property.com.
For its services, Open House Property.com may receive payment including, but not limited to a membership fee, processing fee, and a marketing or advertising fee. Open House Property.com’s payment is due pursuant to agreements between Open House Property.com and the Member or Non-Member using the services. Your membership with Open House Property.com and/or use of Open House Property.com services constitutes your acknowledgment of, and consent to, this compensation arrangement.
Open House Property.com may, from time to time, offer eligible Members promotional opportunities. Members eligibly for a particular promotion will be defined in the terms of each promotion. Not all Members may be eligible to receive all promotional opportunities.
Open House Property.com Professional Service Provider Agreement
The Open House Property.com is a service provided to users and registered Open House Property.com Members in good standing that allows potential home sellers and homebuyers to find residential and commercial properties for sale and help from Professional Service Providers. Members must provide information requested by Open House Property.com relevant to the real estate transaction. This information may be forwarded on to selected local Professional Service Providers that have registered with Open House Property.com to receive such information. All such Professional Service Providers are independent third parties to Open House Property.com. Open House Property.com makes no representation or warranty as to the quality or a qualification of any real estate professional, lender or other service provider referred to Member or user and requires that all Members independently investigate the qualifications of each professional or other service provider prior to entering any agreement. Members may contact the Professional Service Provider directly at any time through contact information provided by that Professional Service Provider.
Open House Property.com is not a party to, and has no knowledge of specific terms of, any agreement between any Professional Service Providers and the Member.
From time to time Open House Property.com may include on its www.Open House Property.com.com site, third parity services such as a Mortgage service. Open House Property.com posts these services on its site as a service to its Members who may be interested in such services. Open House Property.com is not responsible and makes no warranty or representation as to the quality or performance of the services offered or rendered. Open House Property.com advises all Members to carefully review each third party service offering prior to engagement with any third party service provider.
Open House Property.com is not responsible or liable for any acts or omissions created or performed by these third parties. Open House Property.com’s Web site may contain links to web sites maintained by third parties. Such links are provided for your convenience and reference only. Open House Property.com does not operate or control in any respect any information, software, products or services available on such Web sites. Open House Property.com’s inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
Modification Of Open House Property.com Services
Open House Property.com reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, goods, content, product or service with or without notice to any Non-Member, Member or Professional Service Provider. Open House Property.com shall not be liable to any Member or to any third party should Open House Property.com exercise its right to modify or discontinue service.
Create an Account/Registration
By creating an account or otherwise registering with or using this site, you hereby understand and agree that you have established a business relationship between you and Open House Property.com, which is the owner of this site. As such, you agree that Open House Property.com may contact you using information you provided with information and offers of services available through Open House Property.com and any of its websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call List.
PAYMENT OF CHARGES
Fees and Requirements for Members and Others
Open House Property.com offers Members real estate related and other related services. Upon acceptance of such services, you agree that you are contractually bound by the Terms of Use herein and further agree, if required by Open House Property.com, to accurately complete a written Agreement for each service offered and agree to relevant payment obligations. Depending on the service chosen you may be required to supply a valid credit card that is available for periodic payments. Alternatively, where applicable, you must agree that fees due to Open House Property.com for advertising and marketing services shall be paid directly to Open House Property.com LLC.
Applicable fee(s) are payable whenever a Professional Service Provider, an individual, a business or homeowner or other service provider purchases a Membership. Advertising is billed and payment is due in advance on a monthly or annual basis, as the case may be.
A. On Time Payment
You are expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. Open House Property.com may terminate or disable your account if you fail to pay any amount due to Open House Property.com when due. If your credit card expires or otherwise declines payment, access to Open House Property.com can be modified or suspended. If payment is more than thirty (30) calendar days past due, interest at the rate of 15% of the balance per annum, or the maximum allowable by law, whichever is less, accrue on the total amount of the delinquent sum, and the entire amount unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. You agree that you shall pay all costs of collection, including, but not limited legal fees, incurred by Open House Property.com. You are responsible for any premium Charges incurred in connection with the use of and/or by requesting or accessing Open House Property.com information, content, goods, product or services that are provided at an extra cost. Each time Open House Property.com is accessed or used by you, you affirm that Open House Property.com is authorized to obtain payment from you through a selected payment method. All fees are quoted and payable in United States dollars. You are also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to Open House Property.com including charges incurred on your account by you, or anyone you allow to use your account.
B. Payment Methods
Your complete billing address and telephone number must be provided to process payments. Open House Property.com accepts major credit cards including Visa, MasterCard, American Express and for some charges may accept bank drafts including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods, Open House Property.com may not credit the applicable account until additional procedures are completed and after the bank certifies receipt of funds - typically ten (10) business days. Open House Property.com may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
C. Account Discrepancies
You may always contact Open House Property.com customer service by e-mail or telephone concerning Charges or other questions regarding the status of an account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the service provider must write to the Customer Service Department, Open House Property.com LLC, P.O. Box 8452, Cranston, RI. 02920, delivered by United States mail.
Termination
Open House Property.com reserves the right to cancel services to anyone at any time. All fees due to Open House Property.com up to the point of termination shall remain payable to Open House Property.com. You may cancel by delivering written notice (30) days prior to the actual cancellation date requested. Customer Service Department, Open House Property.com LLC, P.O. Box 8452, Cranston, RI. 02920, delivered by United States mail or by fax to (401) 633-6237. All Membership fees and other charges or fees paid are non-refundable in the event of early termination by Member.
Obligations of Professional Service Providers Registered with Open House Property.com
By using the services or Website of Open House Property.com, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) and have the actual authority and ability, legally or otherwise, to participate in the Open House Property.com services;
b. All information you submit to Open House Property.com or pursuant to a Open House Property.com service is accurate and complete and that you will maintain and promptly keep your postings on Open House Property .com updated and promptly make changes to information supplied to or on Open House Property.com or to Members to ensure accuracy at all times;
c. You are an individual person.
d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and/or regulatory requirements applicable to Professional Service Providers/real estate agents, brokers or otherwise, in the areas for which you have requested Open House Property.com service;
e. You will not use information obtained through Open House Property.com to locate, identify or directly contact a Home Seller or Home Buyer in any manner without Buyer/Seller consent;
f. You will not use or attempt to use any facility provided by Open House Property.com wholly or partly in order to provide you with information concerning the commissions, fees, prices, or other terms offered by other Professional Service Providers/Real Estate Agents;
g. You will not respond to a request for service (Lead) that you: i) do not offer, ii) are not permitted or licensed to offer based on applicable laws and regulations, or iii) do not intend in good faith to contract with a Home Seller or Home Buyer to provide service;
h. You will not submit a Profile or Proposal or Bid or Endorsement or refer Open House Property.com or supplied leads to any other person or business entity for resale;
i. You will not take any action that may undermine the integrity of any Open House Property.com Member, including, without limitation: supplying inaccurate information to, or accessible by, any of the Open House Property.com services;
k. You have secured and will maintain any required supervising broker’s authorization and payment of a fee that will be incurred by virtue of your Open House Property.com Service Provider terms, if you are a licensed real estate salesperson, broker, associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;
l. You hereby grant Open House Property.com permission to e-mail or display your Postings and such other information as may be supplied by you to Open House Property.com on or from Open House Property.com’s website (www.openhouseproperty.com) and such other partner and affiliate websites as Open House Property.com shall deem advisable in its sole determination for marketing purposes;
m. You will use Advertisement(s) that: (i) are Advertisements and as such are complete, accurate and verifiable, and do not misstate, misquote the endorser (including words taken from context) and have been posted with the endorser’s full and unqualified permission, (ii) include the marketers name and telephone number, (iii) do not name any other real estate professional or promote goods or services provided by someone other than the real estate professional posting an Advertisement, and (iv) do not contain links to other web pages, pictures or JavaScript; and (v) will provide to Open House Property.com Members Property Listings that are accurate and current, and comply with all professional, regulatory and contractual requirements, including such requirements relating to the promotion and advertising of those Property Listings; and (vi) will be responsible for setting your own fees and commissions in compliance with all applicable laws and regulations.
Obligations of Home Buyer/Seller Members and others Registered with Open House Property.com
By completing your membership with Open House Property.com. as a potential Home Buyer or Home Seller, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract;
b. You are interested in purchasing/selling property or both;
c. You are interested in purchasing/selling property located in the USA;
d You agree to be contacted via e-mail or other means by Open House Property.com;
e. You acknowledge that Open House Property.com recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify Professional license status and background, as Open House Property.com LLC makes no such representations and or warranties about any professional that may use the Open House Property.com service.
f. As a Home Buyer or Seller, you are not bound to accept any service proposal submitted. Offers of service are not binding offers and are not intended to create a contractual or agency relationship between you and the real estate or other professional or service provider. Any Advertisements posted by a Professional Service Provider through the Open House Property.com Program are the sole responsibility of the Professional Service Provider. Open House Property.com disclaims any liability arising from and the accuracy of any Advertisements posted by Professional Service Providers or others. It is your responsibility to evaluate the nature of any Advertisement posted by any Professional Service Provider and to be aware that Advertisements might not reflect the actual quality of service that you may receive from a Professional or other service provider.
g. You are interested in Real Estate related services including but not limited to: Mortgage Services, Insurance Services, Appraisal Services, Legal Services, Brokerage Services, or Relocation Services.
h. You shall pay all amounts due to Open House Property.com in a timely manner.
i. To be automatically charged and collected, weekly or monthly, as the case may be, until services are formally terminated in writing by you.
Privacy Policy for OpenHouseProperty.com LLC
OpenHouseProperty.com is strongly committed to your right to privacy and to keeping your personal and financial information secure. OpenHouseProperty.com is committed to bringing you the very best service in the business of bringing mortgage services to our customers.
Information Collection
OpenHouseProperty.com collects only the necessary personally identifiable information is order to respond to your requests for our customized products and services. You can browse through our site without entering any personal information and therefore remain anonymous during your visit.
Security Our website transactions are secured by a GeoTrust 128bit SSL certificate. This ensures that all credit card information is encrypted and safely transmitted over the internet. From time to time, OpenHouseProperty.com will post links to other sites and may have advertisement banners. These sites and banners are for informational basis only and OpenHouseProperty.com is not responsible in any way for the content of these sites and banners.
Cookies
As a part of offering and providing customizable and personalized services, Open House Property.com uses "cookies" to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computers hard drive. We generally use cookies to:
Remind us who you are and to access your account in order to deliver to you a better personalized service;
Estimate audience size;
Assist OpenHouseProperty.com to track visits and to provide certain programs for you to use;
Track entries in some of our promotions and loan programs; and
Track traffic patterns on the site so that we may customize certain areas of the site.
DISCLAIMERS AND LIMITATIONS
Open House Property.com intends that the information contained in its web site be accurate and reliable; however, errors sometimes occur. In addition, Open House Property.com may make changes and improvements to the information provided herein at any time.
THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” OPEN HOUSE PROPERTY.COM AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR PROFESSIONAL SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
USE OF OPEN HOUSE PROPERTY.COM’S SERVICES IS AT YOUR OWN RISK. OPEN HOUSE PROPERTY.COM AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OPEN HOUSE PROPERTY.COM’S 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, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT YOU, EVEN IF OPEN HOUSE PROPERTY.COM AND/OR ITS SUPPLIERS KNOW, SUSPECT OR HAVE 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 YOU.
INDEMNITY
As a condition of use of this Website, you agree to indemnify Open House Property.com and its members, managers, agents, employees and professionals from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of Open House Property.com’s services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
ERRORS AND DELAYS
Open House Property.com is not responsible for any errors or delays, Website down time, or any damages arising therefrom or for any delays or damages caused by an incorrect e-mail address or other information provided by you or other technical problems beyond our reasonable control.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of Open House Property.com’s services, to the goods or services provided by Open House Property.com, or to any acts or omissions for which you may contend Open House Property.com is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Orange County, California. 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 Open House Property.com. In any arbitration, consumer will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. 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 Rhode Island. 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 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 YOU AND OPEN HOUSE PROPERTY.COM WILL BE RESOLVED BY BINDING ARBITRATION IN PROVIDENCE COUNTY. 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. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS 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 Rhode Island, excluding its conflict of laws principles. If any part of these Terms of Member 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. 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.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
PLEASE PRINT OR DOWNLOAD A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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