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BEFORE USING CommercialOpenHouse.com WEB SITE AND/OR RELATED SERVICES, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING CommercialOpenHouse.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, developer of CommercialOpenHouse.com web site, grants you use of its proprietary web site, 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. Some implemented and future features of OpenHouseOn.com LLC are patent pending. A patent application was filed with the United States Patent Office, which is now considering the merits of our patent application. Those who build web sites similar to OpenHouseOn.com LLC or provide services or products similar to our claims or any of our alternative embodiments should contact OpenHouseOn.com LLC to ensure they do not violate our patent claims. If the United States Patent Office grants OpenHouseOn.com LLC a patent, OpenHouseOn.com LLC will vigorously enforce our patent as required by the U.S. Patent Office, 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 open house agent blasts. After adding a property to OpenHouseOn.com, you can advertise a date and time for your onsite open house and schedule when to send an agent blast. An agent blast is an email sent to other agents in your area. You can send only one agent blast per open house.
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. 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.
10. Governing Law. 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 is applicable as of January 4, 2013. 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