TERMS OF SERVICE

Last Updated On: December 10, 2014

Welcome to the Open Home Pro® application, a software mobile and web application designed to streamline and enhance the traditional open house (the "Application" or "Open Home Pro"). The Application is licensed to and operated by HomeFinder.com, LLC. (the "Company" or "HomeFinder").┬áBy accessing or using this Application, you herby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Use (the "Terms"). These Terms further include the Company's Privacy Policy available at https://www.openhomepro.com/privacy, which is incorporated by reference. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT USE THE APPLICATION. BY USING THE APPLICATION, WHETHER OR NOT YOU ARE A REGISTERED USER OF THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND YOU AGREE TO BE BOUND BY THEM.

These Terms of Service may be, at the sole discretion of the Company, changed, modified or amended at any time without notice. All changes in the Terms of Service will be posted at https://www.openhomepro.com/tos and the date these terms were last revised will be posted. Continued use of the Application after any such changes constitutes acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use (or continue to use) the Application. It is your responsibility to regularly check the web address above to determine if there have been changes to these Terms of Service and to review such changes.

Eligibility

Registration as a User with and/or use of the services provided by Open Home Pro is void where prohibited. This Application is intended solely for users (18) years of age and older. Any registration by, use of or access to the Application by anyone other than as listed above is unauthorized, unlicensed and in violation of these Terms of Service.

Application Content and License

By agreeing to these Terms, the Company grants you a limited license to download, access and make personal use of this Application. Copyright and other intellectual property laws protect all of the information and content available in this Application (collectively, "Content"). The Content is owned by the Company and/or its licensors and suppliers (which may include service providers, content providers, vendors and others) (collectively, "Licensors and Suppliers"). You may interact with or download a single copy of any portion of the Content for your personal, non-commercial use, but you may not reproduce, sell, publish, distribute, modify, display, perform, re-post, transmit, or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of the Company. Any unauthorized use terminates the permission or license granted herein.

Trademarks

You acknowledge that the Content includes certain trademarks and service marks owned by Company, Licensors and Suppliers, and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any permitted copies of the Content. The Open Home Pro name and the Open Home Pro logo are trademarks of Open Home Pro, LLC.

Software

Please note that all software programming, including without limitation, all HTML and other code contained in the Application and on the Open Home Pro website (collectively, "Software"), is owned by Company and or its Licensors and Suppliers and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any reproduction, redistribution, publication, display, or other unauthorized use of the Software without the express written consent of the Company is prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Copyright and Copyright Agents

It is the policy of the Company to respond to claims of intellectual property infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title, 17, United States Code, Section 512 (c)(2)("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designate Agent. Notifications must be submitted to the following Designated Agent for this Site:

HomeFinder.com, LLC
Attn: DMCA Notices
c/o General Counsel
HomeFinder.com, LLC
20 N. Wacker Dr., Suite 1800
Chicago, Illinois 60606
USA
Phone: 888-912-2719
Fax: 866-998-1105
Email: legal@homefinder.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Registration and Account Security

In consideration of your use of the Application, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Application ("Registration Data"); (b) maintain the security of your password, if any, and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company via the Application or otherwise, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Your user ID and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your ID and password, and are fully responsible for all activities that occur under your user ID and password.

By competing formal registration and creating an account, you may be asked to consent to receive autodialed and/or pre-recorded telemarketing calls (including, without limitation, SMS (text) messages) from or on behalf of the Company at the telephone number(s) (including your wireless number, if applicable); you understand that such consent is optional and not a condition of purchase.

The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Prohibited Activities

The Application is available for your use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Application will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, the following is a partial list of the kinds of activities that are prohibited on or through use of the Application or website:

  • Engaging in any activity that could damage, disable, overburden or impair the Application or the Company's systems or networks, regardless of whether the activity is lawful or unlawful;
  • Gaining unauthorized access to any portion or feature of the Application or the Company's systems or networks, or use automated scripts to collect information from or otherwise interact with the Application;
  • Uploading posting, transmitting, sharing, storing or otherwise making available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • Register for a User account on behalf of an individual other than yourself without that individual's express permission, or registering for a User account on behalf of any group or entity without the group or entity's express permission;
  • Impersonating any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • Uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," harvesting or "pyramid schemes;"
  • Engaging in activities or otherwise soliciting or collecting passwords or personally identifiable information about Site users or any third-party including names, phone numbers, addresses, phone numbers email addresses, without their consent;
  • Uploading, posting, transmitting, sharing or otherwise making available any material that contains 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;
  • Decompiling, reverse engineering, or disassembling the Software or attempting to do so or otherwise attempting to discover the source code or underlying algorithms of all or any part of the Application or services offered therefrom;
  • Modifying or creating derivatives of any part of the Application;
  • Removing or obscuring any proprietary notices on the Application;
  • Engaging in activity or submitting Content that harasses or advocates harassment of another;
  • Uploading, posting, transmitting, sharing, storing or otherwise making available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Probing, scanning, or testing the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application;
  • Engaging in activities or submitting Content that could be harmful to minors;
  • Engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
  • Using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Site, or for any other unauthorized purpose;
  • Attempting to gain unauthorized access to the Application or website, other user accounts, or other connected computer systems or networks;
  • Taking any action which may violate any applicable local, state, national or international laws;

You also agree not to or permit anyone else to, directly or indirectly do any of the above prohibited activities;

User Content Uploaded Using the Application/License

You are solely responsible for all photos, profiles (including your name, image, and likeness), messages, notes, text, information, and other content that you upload, publish or display (hereinafter, "Post") on or through the Application (collectively the "User Content"). You may not Post User Content on the Application that you did not create. You understand and agree that the Company may, but is not obligated to, review the Application and User Content and may delete or remove (without notice) any content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates these Terms of Service. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Application or provide to the Company.

When you Post User Content to the Application, you authorize and direct the Company to make such copies thereof as it deems necessary in order to facilitate storage of User Content on the Company's servers.

By Posting User Content to any part of the Application, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Application or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The Company may retain archived copies of your User Content. The Company does not assert any ownership over your User Content; rather, as between the Company and you, subject to the rights granted to the Company in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. Nothing contained herein shall be construed as limiting or reducing the Company's responsibilities and obligations to Users in accordance with the Open Home Pro Privacy Policy.

"Anti-Spam Policy"

The Company has a no tolerance policy towards unsolicited email sent without permission and to those who have not requested or consent to receiving such email ("Spam"). Any User found to be using the Application for Spam will be immediately disabled from use of the Application and all services provided by the Company. If you know or suspect any violators, please notify us immediately at legal@homefinder.com

You must follow the rules of the federal CAN-SPAM act and this "Anti-Spam Policy" when sending email through the Application. Accordingly, the Company requires that emails sent through the Application contain the following, which are included in all emails sent through the Application by default:

  1. All emails must contain a one-click unsubscribe link as provided by the Company;
  2. All emails must contain your non-internet contact information, such as your address or phone number;
  3. All emails must state the reason the recipient is receiving the email. For example, "You are receiving this message because you requested information from [Name of Real Estate Agent]."

The Company, at its sole discretion, may immediately, without refund, disable your access to the Application or any of its email features if it believes in its sole discretion that you have violated any of the email and permission practices listed above, or this "Anti-Spam Policy."

Electronic Communications

When you use the Application or send e-mails to Open Home Pro, you are communicating with it electronically. You consent to receive communications from Open Home Pro electronically. Open Home Pro will communicate with you by e-mail, by pushing notices through the Application, or by posting notices on Open Home Pro's website at www.openhomepro.com. You agree that all agreements, notices, disclosures and other communications that Open Home Pro provides to you electronically satisfy any legal requirement that such communications be in writing.

Availability

THIS APPLICATION IS NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LOCAL LAW OR REGULATION. BY OFFERING THIS APPLICATION AND INFORMATION, OR ANY PRODUCTS OR SERVICES VIA THIS APPLICATION, NO DISTRIBUTION OR SOLICITATION IS MADE BY THE COMPANY TO ANY PERSON TO USE THIS APPLICATION, OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS APPLICATION AND SUCH INFORMATION, PRODUCTS AND SERVICES IS PROHIBITED BY LAW.

Links

This Application may contain links to web sites controlled or offered by third parties (non-affiliates of the Company). The Company hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked to this Application. By creating a link to a third party web site, the Company does not endorse or recommend any products or services offered or information contained at that web site, nor is the Company liable for any failure of products or services offered or advertised at those sites. Such third parties may have privacy policies different from that of Open Home Pro, and third party web sites may provide less security than Open Home Pro and the Company.

Company Rights

Given the nature of the Application and the volume of User Content submitted, the Company cannot and does not monitor all of the User Content posted or transmitted by you and other third-party information providers via the Application. You expressly acknowledge and agree that the Company: (a) will not be liable for the User Content and (b) reserves the right to review, reject, delete, remove, modify, or edit any User Content at any time for any reason, without liability, without notice to you and without providing a refund.

Representations and Warranties

You hereby represent, warrant and agree that: (a) you have all necessary authority, rights and permission to submit the User Content and grant the licenses described in these Terms, (b) the User Content is accurate, current and complete, (c) the User Content and your use of the Application shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the User Content and your use of the Application shall not violate any applicable law or regulation, including without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; (e) your use of the Application shall not violate any agreements between you and a third party; (f) you will comply with all applicable laws, rules, and regulations; (g) you have obtained all required licenses and authorizations to carry on your business; (h) you consent to receipt of advertising marketing, and other information and materials from HF in any manner, including via facsimile, phone, and email.

Indemnification

You hereby agree to indemnify, defend and hold Open Home Pro, LLC. and HomeFinder.com, LLC and their officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all loss, claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees arising from or related to: (a) the User Content your provide; (b) any third party applications, software or content you post or share on or through the Application; (c) your use of the Application; (d) your conduct in connection with the Application or with other users of the Application; (e) any actual prospective, completed, or terminated purchase, sale or other transaction between you and a third party; (f) or any violation of these Terms (including, without limitation, your breach of any representation, warranty and/or agreement contained herein), of any law or regulation, or the rights of any third party.

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK THE APPLICATION, SOFTWARE, AND ITS CONTENT IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIC AND HOMEFINDER.COM AND ITS LICENSORS (INCLUDING OPEN HOME PRO, LLC.), AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS. HOMEFINDER.COM AND ITS LICENSORS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE APPLICATION, SOFTWARE, AND CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE OR ERROR-FREE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, THE PHRASE' LICENSORS AND SUPPLIERS' DOES NOT INCLUDE YOU.

OPEN HOME PRO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESPONSE THAT YOU WILL GET FROM OTHERS TO THE ACTIONS YOU TAKE. ADDITIONALLY, OPEN HOME PRO IS NOT RESPONSIBLE FOR DETERMINING IF THE ACTIONS YOU REQUEST ARE APPROPRIATE OR REASONABLE. YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ALL ACTIONS TAKEN BY YOU WITH YOUR ACCOUNT(S). YOU ACKNOWLEDGE THAT EVERY ACTION INVOLVES THE ASSUMPTION OF A RISK AND THAT THE COMPANY IN FURNISHING THE APPLICATION TO YOU, DOES NOT OR WILL NOT TAKE ON THAT RISK IN ANY WAY WHATSOEVER. YOU SPECIFICALLY AGREE THAT THE COMPANY AND ITS LICENSORS AND SUPPLIERS (INCLUDING OPEN HOME PRO, LLC.) WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY ITS OWN OR YOUR NEGLIGENCE OR ANY OTHER INAPPROPRIATE ACTIONS REQUESTED BY YOU. IN ADDITION, THE COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR INABILITY TO ACCESS OR OTHERWISE USE THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DELAYS OR INTERRUPTION DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES.

Limitation of Liability

HOMEFINDER.COM AND ITS LICENSORS AND SUPPLIERS (INCLUDING OPEN HOME PRO, LLC.) SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, ARISING IN CONNECTION WITH THIS APPLICATION OR ANY LINKED SITE, SOFTWARE, OR CONTENT OR USE THEREOF INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO (A) YOUR USE OR INABILITY TO USE THE SITE; (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN OF COMPANY OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES; OR (C) COMPUTER VIRUSES.

IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF HOMEFINDER.COM OR ITS LICENSORS AND SUPPLIERS (INCLUDING OPEN HOME PRO, LLC..) BE LIABLE TO YOU FOR ANY CLAIM EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO USE THE APPLICATION IN THE MONTH PRECEDING THE CLAIM GIVING RISE TO LIABILITY OR ONE-HUNDRED DOLLARS ($100). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, THE PHRASE "LICENSORS OR SUPPLIERS" DOES NOT INCLUDE YOU. THE REMEDIES SET FORTH IN THIS PARAGRAPH AND TERMINATION OF THIS AGREEMENT ARE YORU EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER.

Term and Termination of Service

You understand and agree that in Company's sole discretion, and without prior notice, your access to this Application or any portion thereof may be terminated, and Company may exercise any other remedy available if Company believes that your use of the Application and/or any User Content you provided violate: (i) these terms, (ii) the rights of Company, Open Home Pro, LLC.., any third party, or any user of the Application, or (iii) any law, rule or regulation, or are otherwise objectionable or inappropriate for any reason. You agree that monetary damages may not provide a sufficient remedy for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that Company post a bond. Company is not required to provide any refund to you if you are terminated as an authorized user of the application or any portion thereof.

You understand and agree that Company may suspend performance or terminate your access to this Application and/or any of the plans or products associated with the Application including, but not limited to the Premium Plan, without notice and without liability in the event you: a) fail to meet the Company's standards; or b) fail to pay any amount due. The Company may discontinue any OHP plan or product at any time.

OHP Premium Products

For OHP premium plans billed on a month to month basis, the initial term shall be one (1) month. Following the initial term, the plan shall auto-renew on a monthly basis until otherwise terminated and Company will automatically charge your credit card for the then current price of the plan. You may terminate the plan for a full refund during the first thirty (30) days of the initial term. After that, you may terminate at any time by providing written notice that you no longer wish to subscribe to the plan. You will be billed for the remainder of the term in which your notice was given and billing will cease at the beginning of the following term.

For OHP plans billed on an annual or multi-month basis, the initial term is the length of the plan purchased. Following the initial term, the plan shall auto-renew for the same period as the initial term until otherwise terminated and Company will automatically charge your credit card for the then current price of the plan. You may terminate the plan for a full refund during the first thirty (30) days of the initial term. After that, you may terminate at any time by providing written notice that you no longer wish to subscribe to the plan. You will be billed for the remainder of the term.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the subject matter of these Terms must be filed in the federal or state courts located in Cook County, Illinois within one (1) year after the cause of action arises or the cause is barred. As a condition of using this Application you agree that all causes of action arising out of or connected with these Terms shall be resolved individually, without resort to any form of class action. For visitors residing outside of the United States, the Company makes no representation that these Terms, the Application and/or the Company's services comply with the laws of any country outside of the United States

Miscellaneous

Company may modify, suspend, discontinue or restrict the use of any portion of the Application without notice or liability. Company retains all right, title, and interest in and to User Data (as defined in the Privacy Policy). The Application may include links to other Web sites not established or supervised by Company and Company is not responsible for any linked sites. . Headings used in these Terms are for convenience only and shall have no interpretive effect. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect. Any failure to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision of thee Terms. These Terms constitute the entire agreement between Company and its Licensors (including Open Home Pro, LLC.) and you regarding the subject matter hereof. These Terms shall not be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.

Any changes to these Terms will be posted in this location and these Terms will be identified as "Last Updated On: ______, 20____". Your continued use of the Application after such notice constitutes acceptance of such changes without modification. It is your responsibility to check back and review this location regularly to ensure that you are familiar with the most current Terms. Should you object to any just changes to these Terms, your only option is to discontinue use of the application.