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By visiting or using any of part of Open Houses Inc.’s web site, except this page
and the web site home page, you are agreeing to be bound by these Terms of Use and
that such agreement constitutes a binding contract between you and Open Houses Inc.
If you do not wish to be bound by these Terms of Use, please do not visit or use
any page of Open Houses Inc. web site or any page of the Open Houses Inc.com web
site.
Furthermore, by using any portion of the OpenHousesInc.com web site, you acknowledge
that Open Houses Inc. is not a real estate broker, mortgage broker or mortgage lender.
It does not aid or assist borrowers in obtaining loans, solicit borrowers or lenders
for, negotiate or make loans secured by liens on real property.
Open Houses, Inc. and/or its partners and affiliates are together referred to as
"OpenHousesInc.com". For the purposes of these Terms of Use, Open Houses
Inc refers to this web site as “OpenHousesInc.com”
Open Houses Inc. offers you access to the OpenHousesInc.com Web Site in exchange
for your agreement to accept and comply with the terms, conditions and notices stated
here and as may be modified by OpenHousesInc.com from time-to-time. OpenHousesInc.com
refers to these terms, conditions and notices, whether modified or unmodified, as
the "Agreement" or as the "Terms of Use". OpenHousesInc.com
reserves the right to modify in its sole discretion this Agreement and/or the OpenHousesInc.com
Web Site without providing notification. You are responsible for regularly reviewing
this Agreement. You can review the most current version of the Agreement at any
time at:
By visiting or using any part of the OpenHousesInc.com web sites, except for the
OpenHousesInc.com by visiting or using any part of the OpenHousesInc.com® home page
and these Terms of Use, you are agreeing to these Terms of Use, and you are agreeing
that this is a binding contract between OpenHousesInc.com and you. If you do not
wish to be bound by these Terms of Use, please do not visit or use any part of the
OpenHousesInc.com web site.
Additional Terms may govern use of certain web sites or web pages within the OpenHousesInc.com
web site.
Your use of certain web sites and/or web pages within the OpenHousesInc.com Web
Sites may be subject to additional terms that are specific to such web sites and/or
web pages (the "Specific Terms") as either contained (i) on this page
below this Agreement and/or (ii) on such web sites and/or web pages (for example,
terms that typically govern particular features or offers such as sweepstakes are
typically found on the relevant web site or web pages).
To go directly to Specific Terms contained on this page, click on the appropriate
link below:
Notice for all Financial and Mortgage Tools - These are calculation tools, not an
offer to lend. Interest rates shown are for demonstration purposes only. Actual
market interest rates may vary.
* Home improvement Calculators and Tools
* The Moving CalculatorTM
* Tax Adjustments Calculator
* Mortgage Qualifier
Please note that the links above may not directly access each and every Specific
Term that governs the use of each and every web site and/or web page within the
OpenHousesInc.com Web Sites. Therefore, upon accessing any web site or web page
within the OpenHousesInc.com Web Sites, please review any and all relevant terms
and conditions that may be displayed on or linked from such web site or web page.
In the event that (i) a Specific Term contained on such web sites and/or web pages
or (ii) any other term or guideline contained within the OpenHousesInc.com Web Sites
conflicts with this Agreement, this Agreement shall control.
For your convenience, OpenHousesInc.com here provides a section-by-section outline
of the Terms of Use. To go directly to a specific section contained in these Terms
of Use, click on the appropriate link below. Please note that this functionality
is provided solely for your convenience and in no way absolves you of your duty
to comply with each and every section of these Terms of Use.
General use and limitations on general use of the OpenHousesInc.com web site.
Information provided to you through the OpenHousesInc.com website.
* From OpenHousesInc.com
* From OpenHousesInc.com Affiliates
* From the Public
* Disclaimer
Information provided by you through the OpenHousesInc.com web sites.
* To OpenHousesInc.com
* To the Public
* Indemnification
Services provided through the OpenHousesInc.com web sites.
* Non-Commercial Services
* Third-Party Services
General Use and Limitations on General Use of the OpenHousesInc.com Web Site.
Except where we specify otherwise, OpenHousesInc.com offers you access to the OpenHousesInc.com
Web Site solely for your personal and non-commercial uses. You promise that you
will not use the OpenHousesInc.com Web Site, in whole or in part, for any purpose
that is unlawful or prohibited by these Terms of Use or for any purposes other than
those that are personal and non-commercial. You agree that you will not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, frame in another Web page, use on any other web site, transfer
or sell any information, software, lists of users, databases or other lists, products
or services provided through or obtained from the OpenHousesInc.com Web Sites. This
means, among other activities, that you agree not to engage in the practices of
"screen scraping," "database scraping," or any other activity
with the purpose of obtaining lists of users or other information. You agree that
you will not use the OpenHousesInc.com Web Sites in any manner that could damage,
disable, overburden, or impair the OpenHousesInc.com Web Sites or interfere with
any other party's use and enjoyment of the OpenHousesInc.com Web Sites. You may
not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the OpenHousesInc.com Web Site.
If and when requested by OpenHousesInc.com you agree to provide true, accurate and
complete user information and to refrain from impersonating or falsely representing
your affiliation with any person or entity. Except with the written permission of
OpenHousesInc.com, you agree that you will not access or attempt to access password
protected, secure or non-public areas of the OpenHousesInc.com Web Site. Unauthorized
individuals attempting to access prohibited areas of the OpenHousesInc.com Web Site
may be subject to prosecution.
Except with the written permission of OpenHousesInc.com, you agree that you will
not create links from any web site or web page to any page within the OpenHousesInc.com
Web Site with the exception of the OpenHousesInc.com Web Site homepages, including,
but not limited to pages currently located at www.OpenHousesInc.com. Your sites
homepage must be accompanied by a clear and prominent attribution indicating that
the link is connected to the OpenHousesInc.com Web Sites homepage. For example,
prominently positioning the "OpenHousesInc.com" name and mark such that
there is clear association between the name and mark and the destination of the
link is acceptable. However, you agree that you will not juxtapose the "OpenHousesInc.com"
name and mark and the link with your name or any other material(s) in a manner which
might give rise to any erroneous conclusion that there is any affiliation or association
between OpenHousesInc.com, on the one hand, and you or any other person or entity,
on the other hand. You agree that if OpenHousesInc.com, in its sole and unfettered
discretion, requests in writing that you remove any link or links to the OpenHousesInc.com
Web Sites, you will promptly do so. You agree that if you create any link to the
OpenHousesInc.com Web Sites that you will not employ any technology that results
in the placement of content from the OpenHousesInc.com Web Sites in a frame and/or
a reduced pop-up window and/or any other display mechanism which changes the OpenHousesInc.com
Web Sites from how they would appear if a user typed in their URL to a typical browser
line.
You agree that OpenHousesInc.com may in its sole discretion and at any time terminate
your access to and use of the OpenHousesInc.com Web Sites, or any part thereof,
with or without notice.
The OpenHousesInc.com Web Site contains content and information originated by OpenHousesInc.com
(The "OpenHousesInc.com Content"). OpenHousesInc.com presents and makes
available such content and information through the OpenHousesInc.com Web Site as
a public service, for the sole purpose of aiding you, the individual consumer. OpenHousesInc.com,
therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness,
or timeliness of such information. You are responsible for confirming the sufficiency
and reliability of any such information.
For your convenience, the OpenHousesInc.com Web Site contains content and information
from OpenHousesInc.com's affiliates and/or links to affiliate web sites ("Affiliate
Content"). Such content is not under the control of OpenHousesInc.com and OpenHousesInc.com
is not responsible for such content, including without limitation any link contained
in such content, or any changes or updates to such content. OpenHousesInc.com is
providing such content to you only as a convenience, and the inclusion of such content
does not imply endorsement by OpenHousesInc.com of such content or the affiliate.
You may be subject to additional and/or different terms, conditions, and privacy
policies when you use affiliate services, content, software or sites.
The OpenHousesInc.com Web Sites include a number of venues such as bulletin boards,
chat areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to exchange thoughts
and opinions with other members of the public ("Public Content"). Since
OpenHousesInc.com firmly believes in the value of free and open exchanges, it makes
no effort and is under no obligation to monitor, pre-screen, or otherwise censor
such thoughts and opinions. Therefore, OpenHousesInc.com cannot guarantee the appropriateness,
accuracy, sufficiency, correctness, veracity, completeness or timeliness of such
thoughts and opinions. You are responsible for confirming the sufficiency and reliability
of any such thoughts or opinions you may use or rely upon. If you wish to inform
OpenHousesInc.com of any Public Content that may indicate copyright infringement
by any person or entity, Pursuant to Title 17, United States Code, Section 512(c)(2),
please forward your notification to:
IP Administrator
Legal Department
Open Houses, Inc.
legal@openhousesinc.com
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of and reliance upon any and all information, including but not limited
to OpenHouseInc.com content, affiliate content, and public content, provided by
OpenHousesInc.com through the OpenHousesInc.com web sites is at your sole risk.
Such information is provided on an “as is” and “as available” basis. OpenHousesInc.com
makes no express or implied representations, warranties, or guarantees with regard
to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness,
or timeliness of such information. OpenHousesInc.com expressly disclaims all warranties
of any kind, whether express or implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose and non-infringement.
OpenHousesInc.com shall have no liability to you or any other user of such information
or to any third party for any loss, expense, or damage, including consequential,
incidental, special or, punitive damages and including lost profits or lost revenue,
caused directly or indirectly by the use or reliance upon such information. Any
material downloaded or otherwise obtained through the use of the OpenHousesInc.com
web site is done at your own discretion and risk and you will be solely responsible
for any damage to your computer system or loss of data that results from the download
of any such material.
Information provided by you through the OpenHousesInc.com web sites.
In order for you to participate in certain services that OpenHousesInc.com®
provides through the OpenHousesInc.com Web Sites, OpenHousesInc.com will require
that you provide specific information about yourself (the "OpenHousesInc.com
Solicited Information"). If you choose to participate in such services, you
agree to provide true, accurate and complete information and to refrain from impersonating
or falsely representing your affiliation with any person or entity. OpenHousesInc.com
is committed to maintaining the privacy and security of any and all such information
that you provide to OpenHousesInc.com through the OpenHousesInc.com Web Site. To
that end, OpenHousesInc.com urges you to review the OpenHousesInc.com Privacy Policy,
which may be accessed by clicking on the following link:
The OpenHousesInc.com Web Sites include a number of venues such as bulletin boards,
chat areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to share your thoughts
and opinions with other members of the public ("Your Publicly Posted Information").
Since OpenHousesInc.com firmly believes in the value of free and open exchanges,
it makes no effort and is under no obligation to monitor, pre-screen, or otherwise
censor your thoughts and opinions. Therefore, OpenHousesInc.com cannot be responsible
for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness,
or timeliness of such thoughts and opinions. Always use caution when posting any
personally identifying information about yourself or your children on any of the
OpenHousesInc.com Web Site.
You promise that you will not use the OpenHousesInc.com Web Sites to:
* (a) post, upload or otherwise transmit any content not related to appropriate
subject matters;
* (b) post, upload or otherwise transmit any content which is misleading to others,
including consumers;
* (c) post, upload or otherwise transmit any content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* (d) post, upload or otherwise transmit any content that you do not have a right
to post and transmit under any law or under contractual relationships;
* (e) post, upload or otherwise transmit any content, such that such posting, uploading,
or transmission constitutes the infringement of any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
* (f) post, upload or otherwise transmit any materials that contain software viruses
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications
equipment; or
* (g) intentionally or unintentionally violate any applicable local, state, national
or international law, or any regulations having the force of law, including the
Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities
Act, and the Equal Credit Opportunity Act.
By posting content to the OpenHousesInc.com Web Site, you grant OpenHousesInc.com
a non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit,
combine with information provided by third parties, and publicly display such content
on and through web sites controlled by OpenHousesInc.com, including but not limited
to the OpenHousesInc.com Web Site, and co-branded or mirrored versions of such sites,
and in OpenHousesInc.com's promotional or advertising materials, and (ii) sublicense
to third parties such content to the extent necessary for the creation and maintenance
of, in part or in whole, such sites.
You acknowledge that while OpenHousesInc.com does not pre-screen content posted
by you to the OpenHousesInc.com Web Sites, OpenHousesInc.com and its designees shall
have the right (but not the obligation) in their sole discretion to refuse or remove
any content that is posted by you or any other party to the OpenHousesInc.com Web
Site. Without limiting the foregoing, OpenHousesInc.com and its designees shall
have the right to remove any content that violates this Agreement or is otherwise
objectionable, and to terminate your access to any or all of the OpenHousesInc.com
Web Site at any time without notice for any reason whatsoever. You agree that you
must evaluate, and bear all risks associated with the use of any content you post
to the OpenHousesInc.com Web Site, including any reliance on the accuracy, completeness,
or usefulness of such content.
OpenHousesInc.com reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or governmental
request.
By posting, uploading, inputting, providing or submitting content to the OpenHousesInc.com
Web Site, you warrant and represent that you own or otherwise control all of the
rights to such content including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit such content.
You agree to indemnify and hold OpenHousesInc.com and its suppliers, affiliates,
subsidiaries, employees harmless from any and all claims and demands, including,
but not limited to reasonable attorneys’ fees, made by any third party due to or
arising out of any information, included but not limited to OpenHousesInc.com solicited
information, affiliate solicited information, and your publicly posted information,
submitted, posted, or otherwise provided by you to the OpenHousesInc.com web sites
and/or OpenHousesInc.com and/or its affiliates.
Services provided through the OpenHousesInc.com web sites.
OpenHousesInc.com provides through the OpenHousesInc.com Web Site a number of venues
in which interactive services ("Interactive Services"), such as on-line
calculators, planning tools, and checklists, are offered to you. Such services are
offered by OpenHousesInc.com for the sole purpose of disseminating information for
the public's benefit. OpenHousesInc.com cannot guarantee the accuracy, sufficiency,
correctness, veracity, completeness, or timeliness of such services. You are responsible
for confirming the sufficiency and reliability of any such service.
The information contained in and provided through OpenHousesInc.com’s interactive
services are not intended nor implied to be a substitute for professional advice.
OpenHousesInc.com makes no express or implied representation, warranty or guarantee
in connection with the information contained in and provided through such services,
including the appropriateness, accuracy, correctness, veracity, value, sufficiency,
timeliness, or completeness of the data, methods and other information contained
in and provided through such services. OpenHousesInc.com expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited to
the implied warranties of merchantability, fitness for a particular purpose and
non-infringement with regard to such services.
OpenHousesInc.com shall have no liability to you or any other user of such services
or to any third party for any loss, expense or damage, including, consequential,
incidental, special or punitive damages and including lost profits or lost revenue,
caused directly or indirectly by an error or omission, or arising out of, or in
connection with, the information contained in or provided through such services.
In no event will OpenHousesInc.com be liable to any user of such services or to
any third party for any decision made or action taken by any user of such services
or any third party in reliance upon the information contained in or provided through
such services. A user’s sole and exclusive remedy for dissatisfaction with such
a service is to stop using the service.
A number of commercial services, such as financial and contractor services are offered
by third parties through the OpenHousesInc.com Web Sites. You acknowledge that by
permitting such services to be offered through the OpenHousesInc.com Web Site, OpenHousesInc.com
is acting as a passive conduit for the transmission to such third parties of any
information related to such services that you submit to OpenHousesInc.com. In order
for OpenHousesInc.com to distribute your information and facilitate contacts between
you and such third parties, you hereby grant OpenHousesInc.com permission to disclose
any and all of the information that you provide to OpenHousesInc.com to any such
third party that OpenHousesInc.com, in its sole discretion, deems relevant and appropriate.
Any information that you provide to OpenHousesInc.com must be true, complete, and
accurate, must not represent you as someone else or falsely identify you, and must
not violate any law, statute, ordinance or regulation. You are solely responsible
for such information and for all of the terms and conditions of transactions between
you and such third parties, including, without limitation, terms regarding warranties,
insurance, fees, taxes, titles and licenses. You must not submit a request for a
third party service through the OpenHousesInc.com Web Site unless you intend, in
good faith, to contract with such third party for the use of such service.
OpenHousesInc.com is not and will not be responsible for (i) the terms and conditions
of any transaction between you and any third party, (ii) any insufficiency of or
problems with any such third party's background, insurance, credit or licensing,
or (iii) the quality of services performed by any such third party or any other
legal liability arising out of or related to the performance of such services. In
the event that you have a dispute with any such third party, you release OpenHousesInc.com
(and its affiliates, agents and employees) from any and all claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
This Agreement is governed by the laws of the State of California. You hereby consent
to the exclusive jurisdiction and venue of courts sitting in California, County
of San Bernardino and/or Central District of California in all disputes arising
out of or relating to the use of the OpenHousesInc.com Web Sites. Use of the OpenHousesInc.com
Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and OpenHousesInc.com as a result of this Agreement or use of
the OpenHousesInc.com Web Sites. OpenHousesInc.com's performance of this Agreement
is subject to existing laws and legal process, and nothing contained in this Agreement
is in derogation of OpenHousesInc.com's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the OpenHousesInc.com
Web Site or information provided to or gathered by OpenHouseInc.com with respect
to such use. If any part of this Agreement is 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 otherwise specified herein, this Agreement constitutes the entire
agreement between you and OpenHousesInc.com with respect to the OpenHousesInc.com
Web Sites and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and OpenHouseInc.com with respect
to the OpenHousesInc.com Web Sites. 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.
The information, software, products, and services published on this site may include
inaccuracies or typographical errors. Changes are periodically added to the information
herein. OpenHousesInc.com, its affiliates and/or its respective suppliers may make
improvements and/or changes in this site at any time.
In no event shall OpenHousesInc.com and/or its suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages whatsoever
including, without limitation, damages for loss of use, data or profits, arising
out of or in any way connected with the use or performance of the OpenHousesInc.com
web sites, or with the delay or inability to use the then OpenHousesInc.com web
site or related services, or the provision of or failure to provide services, or
for any information, software, products, services and related graphics obtained
through the OpenHousesInc.com web sites, or otherwise arising out of the use of
the OpenHousesInc.com web site, whether based on contract, tort, negligence, strict
liability or otherwise, even if OpenHousesInc.com or any of its suppliers has been
advised of the possibility of damages, because some states/jurisdictions do not
allow the exclusion or limitation of liability for consequential or incidental damages,
the above limitation may not apply to you. If you are dissatisfied with any portion
of the OpenHousesInc.com web site, or with any of these Terms of Use, your sole
and exclusive remedy is to discontinue using the OpenHousesInc.com web site.
You agree to indemnify, defend and hold harmless OpenHousesInc.com, its partners,
affiliates, subsidiaries and suppliers from any liability, loss, claim and expense
(including reasonable attorney’s fees) related to your violation of this Agreement.
All materials on the OpenHousesInc.com Web Site (as well as the organization and
layout of the OpenHousesInc.com Web Site) are owned and copyrighted or licensed
by OpenHousesInc.com, its affiliates or its suppliers. (c) 2006 Open Houses, Inc.
All rights reserved. No reproduction, distribution, or transmission of the copyrighted
materials at the OpenHousesInc.com Web Site is permitted without the written permission
of OpenHousesInc.com. Any rights not expressly granted herein are reserved.
Trademarks referenced on the Open Houses, Inc Web Sites, are the property of OpenHousesInc.com.
Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement.
IP Administrator-Legal Department
legal@openhousesinc.com
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