Website Terms and Conditions of Use

 

THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. CAREFULLY READ THESE TERMS OF USE OF THIS WEBSITE ("TERMS OF USE" OR "AGREEMENT") BEFORE YOU ("USER") ACCESS OR USE THIS WEBSITE AND EACH TIME YOU ACCESS OR USE THIS SITE, TO DETERMINE WHETHER ANY MODIFICATIONS OR CHANGES TO THESE TERMS OF USE HAVE BEEN MADE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AS MAY BE MODIFIED FROM TIME TO TIME, AND TO BE LIABLE TO THE OWNER OF THIS WEBSITE FOR LOSSES AND DAMAGES ARISING FROM ANY NONCOMPLIANCE WITH SUCH TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, AS MAY BE MODIFIED FROM TIME TO TIME, YOU SHALL NOT ACCESS OR USE THIS WEBSITE OR ANY OF ITS CONTENTS IN ANY MANNER. THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND TRADE MARK LAW.

Definitions

  • “Agents4Opens” and “Agents4Opens.com” refer to the same entity and may be used interchangeably.
  • “Listing” means an open house listing/offering posted by you - not us - on the Website, and all information attendant thereto.
  • “Our” is a reference to something which belongs or refers to us.
  • “Services” means the service which is provided through the use of the Website, as described under Section 2 of these Terms Of Use.
  • “Agents4Opens” or “A4O” means Agents4Opens.com and the owner of the Site.
  • “The Agents4Opens Content” means, separately and collectively, any articles, blog information, reports, financial calculator, property financial information, property comparables, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof and related content which we place on the Website.
  • “Us” means the owner of the Site.
  • “User Content” means, separately and collectively, property descriptions, text, photographs, reviews, contact or other information which you submit to Agents4Opens.
  • “We” means Agents4Opens.com and the owner of the Site.
  • "Website” means the Website Agents4Open.com and any other related website maintained or controlled by us even if such website is not specifically named in these Terms Of Use.
  • “You” means the user of the Website.
  • “Your” is a reference to something which belongs or refers to You. 

General Provisions

  1. Agents4Opens.com is an open house matching/staffing service provided specifically for real estate brokers and the agents who perform services for a licensed real estate broker. Agents4Opens is a service that links real estate brokers and agents only.
  2. IF YOU ARE NOT A REAL ESTATE BROKER OR A LICENSED REAL ESTATE AGENT WHO PERFORMS SERVICES FOR A REAL ESTATE BROKER, THEN YOU ARE NOT ELIGIBLE TO USE THE SERVICES OF AGENTS4OPENS.COM.
  3. Agents4Opens.com is a service for real estate brokers and agents located within the fifty (50) states of the United States of America. Agents4Opens is not involved in any real estate listing or sales activities. Agents4Opens is not a licensed real estate brokerage company.

Membership Privileges

  1. Membership privileges are granted by Agents4Opens to individuals exclusively and are granted specifically to the subscribing registered member only.
  2. No employee, independent contractor, agent, or affiliate of a competing service is permitted to access the Website without express written permission from Agents4Opens, and by registering for a membership, you represent and warrant that you are not a competitor of Agents4Opens or acting on behalf of a competitor of Agents4Opens in registering for and accessing the Service.
  3. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member. By completing the registration process, you represent and warrant that the information provided is true, accurate, complete and current.
  4. Agents4Opens requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the system. Members are not permitted to share their individual logon information with others.
  5. Agents4Opens has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by these Terms Of Use or abuses their rights related to Agents4Opens service. Upon registration for an account, the user becomes a member.
  6. Agents4Opens utilizes email as a vital and primary communication channel with you. As a User, you hereby acknowledge and grant Agents4Opens the permission to communicate with you via email (as well as other communication channel such as phone) for any purposes Agents4Opens determines to be relevant including, but not limited to, system messages, product updates, service announcements and marketing messages.
  7. Agents4Opens will use best efforts to honor your request to opt out of marketing messages, but under no circumstances will Agents4Opens have any liability for sending any email to you. By becoming a user, you acknowledge and agree that Agents4Opens and any of its affiliates may record telephone and other electronic communications it has with you for Agents4Opens’s internal business purposes, including but not limited to training and quality assurance purposes.

Submission and Administration of Open House Listings

  1. You will have the opportunity to submit User Content to us. You represent and warrant that (a) you own or have the full right, power and authority to grant to Agents4Opens use of and rights in and to all User Content that you upload, post, e-mail or otherwise transmit to Agents4Opens; (b) your license of such User Content to Agents4Opens hereunder does not, and the use or license of such User Content by Agents4Opens to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such User Content; (d) the practice and promotion of having other agents host your open houses does not infringe on any state laws or MLS rules you as a user may be subject to. With respect to all User Content you have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, Agents4Opens acknowledges that you retain any applicable ownership rights that you may have with respect to the User Content. You nonetheless grant Agents4Opens and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such User Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that Agents4Opens may preserve any such User Content, whether submitted in the past or in the future, and may also disclose such User Content in its sole discretion (including without limitation within other products offered by Agents4Opens and its affiliates). You agree not to submit any User Content to Agents4Opens unless you has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on your website or on the Website. Specifically, you will not submit a photograph if you received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the Website.
  2. You agree to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain open house listings on the Website. You shall not use robot, spider or other automated service to submit open houses or other data on the Website. Additionally, you agree to allow submitted open house(s) and User Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Website. Agents4Opens shall have the sole authority to choose the manner in which any User Content will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Website and Agents4Opens shall have the right to modify the User Content in the exercise of its rights under this Agreement.
  3. Agents4Opens reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the User Content posted on the Website. You are entirely responsible, and Agents4Opens accepts no responsibility, for the User Content. While Agents4Opens shall take all reasonable efforts for data backup and business resumption, you will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Agents4Opens.
  4. AGENTS4OPENS STRONGLY RECOMMENDS THAT ALL BROKERS SEEK TO HAVE A FULLY EXECUTED EXCLUSIVE LISTING AGREEMENT SIGNED PRIOR TO UPLOADING ANY INFORMATION FOR SAID LISTING TO AGENTS4OPENS.
  5. EACH BROKER AND AGENT ACKNOWLEDGES THAT SOME BROKERS MAY NOT HAVE SIGNED LISTING AGREEMENTS AND IT IS IN THEIR SOLE DISCRETION TO VERIFY ALL INFORMATION THAT IS SUBMITTED AS CORRECT.
  6. BROKERS AND AGENTS ACKNOWLEDGE THAT AGENTS4OPENS ACCEPTS NO LIABILITY WHATSOEVER FOR THE ACCURACY OF ANY USER CONTENT. EACH USER ACKNOWLEDGES THAT SOME OR ALL OF THE INFORMATION CONTAINED IN ANY LISTING OR REVIEW COULD BE COMPLETELY FALSE AND INCORRECT.

Being Honest With Us

The use by us of the information we collect from each User, including during the registration process, is detailed in our Privacy Policy. When you create an account, you must provide us with accurate and up-to-date information, for which you are solely responsible and liable and for the accuracy and consequences of which you indemnify us (as provided for herein).

Use of Certain Information

When you register with us, you are granting us permission to use your name on the Website, our related social media and any other channel we deem fit and without compensation.

Deal with Us in Good Faith

By becoming a member, you agree that you are signing up for the Services in good faith, and that you mean to use the Services for their intended purposes and for no other reason. You also agree that you are a licensed real estate broker or agent in the jurisdiction in which you conduct real estate activities.

Security

  1. While we work to protect the security of the User Content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account.
  2. You are responsible for all actions taken through your account and all User Content.
  3. By accessing the Services, you agree that Agents4Opens may create a user account for you which you may delete at any time.

Our Rules About Your Data Privacy

  1. Agents4Opens.com Privacy Policy is set forth on the Website. Said Privacy Policy governs our collection, use, and disclosure of your data and is incorporated into this Terms of Use. Please read that Privacy Policy carefully. It describes what information we collect from you and when, how and why we may create an account for you, who we share your information with and when and how you can opt-out or delete your account.
  2. BY USING OUR SITE AND OUR SERVICES, WITHOUT LIMITATION, YOU CONSENT TO OUR PRIVACY POLICY.

Our Rules About Your User Content

  1. You are solely responsible for the nature and specifics of the User Content. You agree to have the User Content comply with these Terms of Use. We may choose to monitor, and reserve the right to edit, the User Content which we find unacceptable or inappropriate. Agents4Opens does not approve, control, or endorse your or anyone else's User Content, and has no obligation to do so. We reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates these Terms of Use.
  2. You agree to provide accurate, complete, current, and truthful information when you add or edit facts which pertain to the User Content.
  3. You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third Party (including intellectual property rights), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws.
  4. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful.
  5. You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.
  6. You agree to not post any User Content that will be used to solicit or promote business or custom or present commercial activities or unlawful activity or any User Content that's goal is to harm or defame Agents4Opens or any of it's users.
  7. When you provide User Content to the Website or otherwise, you grant Agents4Opens a royalty-free, perpetual, irrevocable, and fully sub licensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for the User Content You acknowledge and agree that any User Content that you post or submit to Agents4Opens may be redistributed through the Internet and other media channels, and may be viewed by the general public.

Information Provided by Real Estate Professionals

If you are a real estate professional, you agree that you will not claim or submit listings that do not belong to you and/or to your client.

Agents4Opens User Information Provided to Real Estate Professionals

You agree that you will not use any information about other Agents4Opens members that is available to you or received by you as a result of your use of the Website or the Services (such as without limitation contact information sent to you when another User contacts you or peer reviews) for any reason except to provide such other User with real estate services. You further agree never to use such information for any illegal or harmful purpose.

Intellectual Property and Licenses

  1. The Website including without limitation the components thereof, constitute our “Intellectual Property”. This means, without limitation that we have valuable and exclusive proprietary/ownership rights with respect to the Website which are protected by applicable trademark, copyright and patent laws of both the United States and any relevant foreign country.
  2. As used herein, “Intellectual Property Rights” means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
  3. Your use of the Website does not grant you to any right, title or interest in the Intellectual Property and we retain all attendant Intellectual Property Rights. You shall not under any circumstances alter, remove or obscure any trademark, tradename, logo, or copyright notice which appears on the Website or is used in connection with the Website.
  4. Agents4Opens.com grants you a non-sublicensable limited license to access and use the Website and Services. This limited license does not allow you to copy or sell our Services, Agents4Opens Content and/or materials derived from the Services and/or Agents4Opens Content; scrape or mine our Website, Services, Agents4Opens Content or materials derived from the Website; or frame any part of the Website, the Services, the Agents4Opens Content or materials derived from the Website. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Website or Services, and to block or prevent future access to and use of the Website or Services. Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of the Website or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms Of Use.
  5. Agents4Opens Content, the Services and the Website, including our branding, trade dress, trademarks, trade names and logos (collectively "Materials"), are proprietary property of Agents4Opens.com. To the extent applicable, the Materials are protected by U.S. and international intellectual property laws, including copyright and trademark laws. The Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing "Agents4Opens" or any other substantially similar name, trademark, trade dress, trade phrases, or product name of Agents4Opens without our prior express written permission, which may denied in our sole and unqualified discretion.
  6. All trademarks, registered trademarks, product names, and logos appearing on the Website which are not owned by Agents4Opens are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
  7. Agents4Opens does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source website or information provided by the website owner unless Agents4Opens owns such source website or information them or licenses the same and shows by some writing or mark on them that Agents4Opens owns or licenses the same. Agents4Opens uses these images and excerpted descriptions only as necessary to generate search results as navigational tools to direct you to the originating website. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. Agents4Opens does assert copyright and ownership in and reserves all right to all search results, and all data compilations on, through or resulting from searches on or through the Website.

Access to User Content and Use of Information

  1. Each User acknowledges and agrees that while Agents4Opens makes reasonable and diligent efforts to protect the User Content as it appears on the Website, Agents4Opens has no control over User Content that can be accessed by third parties such as mortgage companies, title companies, governmental taxing authorities, hackers, data miners, data thieves, without limitation, who may harvest this information from Website in spite of Agents4Opens efforts to protect the User Content. Accordingly, the User Content may be used by those third parties possibly even to the financial detriment of the User.
  2. You agree to treat Agents4Opens Content as proprietary to Agents4Opens. You agree that Agents4Opens Content is reserved for members will be maintained as confidential and shall be protected as a trade secret of Agents4Opens. Agents4Opens does not ensure the accuracy of, endorse or recommend any of Agents4Opens Content. Your use of Agents4Opens Content is at your own risk.
  3. AGENTS4OPENS CONTENT IS PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY AGENTS4OPENS, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
  4. You shall limit access to and use of Agents4Opens Content to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any of Agents4Opens Content that is obtained from the Service, or that is otherwise made available to you in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the Service as part of any effort to compete with Agents4Opens, including without limitation using the Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential User, nor shall you remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in or on the Website or the Agents4Opens Content. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy Agents4Opens Content or the Services; or decompiler, decode or reverse engineer Agents4Opens software; or use Agents4Opens products or services in an unlawful manner, such as for offensive, abusive, tortuous, libelous, defamatory or other illegal purposes.

Fees

At the present time, Agents4Opens.com is not charging an end-user fee for the Services. We reserve the right to charge a subscription fee for the Services.  Should this be done, a notification of such change will be set forth in the Website and require you to submit the proper credit card information to us, in order to continue use of the Service.

Real Estate Laws

Real estate laws vary by state. Since all Users of the Service must hold an active real estate license, it is the User's responsibility to know and comply with all of the real estate laws in their respective state.  Agents4Opens shall in no way be responsible or liable for any damages or litigation from any you not behaving in accordance to the local real estate agency laws.  Also, it is the User's responsibility to assure that by using Agents4Opens, they are not in violation with any MLS rules they may be subject to.

Unsolicited Commercial Email ("UCE") Also Known as "Spam"

Agents4Opens prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam) to other Users of the Service. Agents4Opens has the right to revoke the privileges of any person or entity that breaches these terms.

Termination of Membership

Agents4Opens reserves the right to terminate or suspend a your membership upon a good faith determination by Agents4Opens of a violation of this Agreement or any material provision of another agreement between Agents4Opens and you. Cause for termination includes, but is not limited to, breaches or violations of the Terms Of Use, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of the Services, nonpayment of fees owed by you in connection with Agents4Opens or its affiliates' services, account inactivity, failure to maintain an active real estate license or technical or security issues. Upon termination, Agents4Opens shall have no obligation to maintain or forward any content in your account.  Agents4Opens reserves the right to prevent you from creating additional accounts.

Modification

We reserve the right in our sole discretion to modify the Website and these Terms Of Use. Such changes can be made at any time and without the necessity of giving notice to you. The modification of these Terms Of Use will be posted on the Website. As you continue to use the Website after we have posted the modification, you will be agreeing - without action on your part - to be bound by the modified Terms Of Use. You remain free at any time to cease using the Website.

Limitation of Liability

IN NO EVENT SHALL AGENTS4OPENS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ATTENDANT TO OR ARISING FROM THE USE OF THE SERVICES AND/OR THE WEBSITE OR ANY MATTER PERTAINING TO THE SERVICES OR THE WEBSITE. THIS LIMITATION REGARDING DAMAGES INCLUDES WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF AGENTS4OPENS SERVICES, OPEN HOUSE OFFERING FUNCTIONALITY OR YOUR FAILURE TO KEEP YOUR LOGIN AND/OR PASSWORD SECURE AND CONFIDENT).

Indemnification Of Agents4Opens by You

  1. Set forth below are the terms and conditions by which you indemnify us in the event that a third party - whether a client of yours, a potential client of yours or otherwise - names us in a lawsuit or otherwise proceeds against us while asserting that your alleged failure or omission, including the failure to fully or properly perform an obligation which such third party believes (however correctly or incorrectly) is owed to such third party, has caused harm to such third party.
  2. “Claim” means a claim, or cause of action, or suit for damages, losses, obligations and/or liabilities (including without limitation, damage to persons, property, or the environment) made against us by a person or entity other than you which:(i) claims, threatens or asserts that Agents4Opens.com, and/or it's owners are responsible or liable for damages, losses, obligations and/or liabilities suffered or supposedly suffered by such third party, regardless of the legitimacy of such claim, threat or assertion, and (ii) either (a) mentions you as being involved or responsible for the supposed harm suffered by the person or entity making the Claim or (b) is believed by us in good faith to be derived in any degree (1) from the actions or omissions of you and/or (2) from the inaccurate representations or misrepresentations which you have made to such other person or entity.
  3. “Legal Proceeding” means any lawsuit, action, legal proceeding or administrative proceeding pertaining to or involving the Claim.
  4. “Negotiations” means all negotiations and the exchange of one or more documents (including e-mails) pertaining to the Claim, including written responses and counter responses, during the course of the Legal Proceeding even if such activities do not lead to a settlement or dismissal of the Claim.
  5. “Agents4Opens.com” means Agents4Opens, it's owners and operators, its subsidiary and affiliated companies, its officers, directors, employees and members, and its successors and assigns, and each of them.
  6. Indemnification Of Us By You.
    If a Claim is made against Agents4Opens then you shall:
    (1). Defend the Claim at your sole expense.
    (2). Indemnify and hold harmless Agents4Opens from and against the Claim (except to the extent that such Claim pertains to or is derived from the actions or omissions of Agents4Opens).
    (3). Pay Agents4Opens on a current basis, all reasonable costs and expenses (including, without limitation, reasonable attorneys', accountants' and other professional fees and expenses) incurred by Agents4Opens.com in connection with the Claim, including without limitation such reasonable costs and expenses attendant to the Negotiations.
  7. Certain Matters Relating to Your Indemnification.
    Agents4Opens.com shall give written notice to you of the Claim. Such notice shall include a copy of the Claim and shall constitute the assertion by Agents4Opens that both the defense of the Claim by you and the indemnity of Agents4Opens are being sought.
  8. The defense of the Proceeding shall be conducted by legal counsel selected by the reasonable agreement of you and us. We shall be kept fully informed by the you at all stages of the Proceeding.
    You shall not make any settlement in or with respect to the Proceeding without our prior written consent of Agents4Opens. Nothing contained herein shall mean or be construed to mean that we shall not have the right to participate in the Proceeding represented by legal counsel unilaterally selected by us.
  9. If you do not assume the defense of the Claim, then we may defend against the Claim, after giving notice of the same to you, on such terms as we may deem appropriate. In such case, (i) you shall be entitled to participate in (but not control) the defense of the Claim and (ii) you shall pay Agents4Opens all reasonable costs and expenses (including, without limitation, reasonable attorneys', accountants' and other professional fees and expenses) incurred by Agents4Opens in connection with the Claim.
  10. If you thereafter seek to question the manner in which Agents4Opens defended the Claim or the amount or nature of any such settlement pertaining to the Claim, then you shall have the burden to prove by a preponderance of the evidence that Agents4Opens did not defend or settle the Claim in a reasonably prudent manner.
  11. The duty to defend as set forth herein applies even if the final result of the Proceeding is a determination that you were not responsible or liable for the harm or damages suffered by the person or entity who or which made the Claim.
  12. Remedies Cumulative. The remedies provided for in this Section of the Terms Of Use shall be cumulative and shall not preclude assertion by Agents4Opens of any other rights or the seeking of any other remedies against you.
  13. Survival. The provisions of this Indemnity Section of the Terms Of Use shall survive the termination of your relationship with us regardless of when or how such relationship is terminated. Without limiting the generality of the foregoing, neither your ceasing to use the Website or the termination of your relationship with us (regardless of whether you or we initiate such termination) means that your obligation to indemnify Agents4Opens is terminated or will be terminated.

Your Exclusive Remedy

Your exclusive remedy, and Agents4Opens's entire liability under this Agreement shall be a refund to you of the fees paid to Agents4Opens - if and when Agents4Opens charges such fee (which is not the current policy). IN NO EVENT WILL AGENTS4OPENS'S LIABILITY EXCEED SUCH FEE.

Sharing Of Information

  1. Agents4Opens may share nonspecific statistical data from the Website with third parties such as Boards of Realtors, Real Estate associations and commissions local, state and national, economists and economic oriented institutions and governmental bodies, advertisers and media outlets, without limitation. You acknowledge and agree that if Agents4Opens is subject to a valid state or federal court subpoenas, or a subpoenas issued by a proper law enforcement entity of department, or a subpoenas of state and federal regulatory agencies, Agents4Opens will be compelled by law and must share specific and nonspecific data with third parties in the manner required by such subpoena.
  2. Agents4Opens reserves the right to sell any User Content to third parties.

Warranty and Other Disclaimers

  1. THE SERVICES, AND AGENTS4OPENS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AGENTS4OPENS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND/OR AGENTS4OPENS CONTENT INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. AGENTS4OPENS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. AGENTS4OPENS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO AGENTS4OPENS'S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM THE WEBSITE , INCLUDING THE SERVICES AND AGENTS4OPENS CONTENT, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AGENTS4OPENS OR ITS SERVICES SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
  2. Should a mapping or direction service be implemented the information will be obtained from third party sources which will be believed reliable but not guaranteed and it's use is subject to the provider's applicable “Terms of Use” or similar agreement.  Agents4Opens will not verify the information provided and make no guarantees, warranties or representations about the maps and/or directions. It is the User's responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use. Neither Agents4Opens nor its owners, officers or suppliers assume any responsibility for loss, damage or delay caused by your use of and/or reliance on your use of Agents4Opens’s Content or the Services. As of June 2019, no mapping or direction services are implemented.
  3. This Website contains hyperlinks to other websites operated by parties other than Agents4Opens which are beyond Agents4Opens's control. Parties other than Agents4Opens may provide services or sell product lines on the Website that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use Agents4Opens's Materials as part of a co-branding relationship. For example, if you click on a banner advertisement or advertised product the click may take you off Agents4Opens site. Agents4Opens does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Agents4Opens does not assume any liability for the actions, product, and content of all of these and any other third parties. Agents4Opens makes no representations and cannot be held responsible for the accuracy, relevancy, security, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves the Website, the site you will land on is not controlled by Agents4Opens and different terms of use and privacy statements may apply. Agents4Opens also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights and Responsibilities of Agents4Opens

You agree that Agents4Opens shall have the right to use your User Content (such as, but not limited to, open house listings, Service statistics and user reviews) for any purpose, including without limitation for publication on the Internet and for marketing purposes. Agents4Opens shall have sole authority to choose the manner in which any content will be received, displayed and used by the Service, and reserves the right to remove all or any part of a the content or refuse Services to anyone at any time in its sole discretion. Agents4Opens shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the User Content.

Representations Of Brokers and Agents By Registering On The Website

Anyone who registers for the Service hereby represents and warrants that you are a validly licensed to sell real estate and are in compliance with applicable requirements in all jurisdictions in which you are required to be licensed. Agents4Opens may, in its sole discretion, but without any obligation to verify the licensure of such individual, remove from the list of User any person or entity whom Agents4Opens believes is not licensed in any applicable jurisdiction. Agents4Opens may, in its sole discretion, terminate the accounts of, and refuse services to, any person or entity who repeatedly or knowingly misrepresents their licensure status or upon notification by any state agency or similar governmental authority that such person or entity is not licensed. Agents4Opens does not and shall not have any obligation to independently verify the licensing status of individuals  on the Website. It is your responsibility to confirm the license status of any person listed on the Website.

Governing Law

These Terms Of Use, shall be governed by the laws of the State of California, without reference to conflict of laws principles.

Arbitration of Disputes

  1. Any controversy or claim arising out of, or relating to, these Terms Of Use, the breach thereof, or the validity of this arbitration provision, shall be settled by binding arbitration in Ventura County in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Nothing contained herein shall prevent any party from (i) seeking and obtaining equitable relief, including but not limited to, prohibitory or mandatory injunctions, specific performance, or extraordinary writs, nor (ii) filing legal action to compel arbitration under the provisions hereof, provided that such party stipulates in such action, at any other party's request, to arbitration on the merits of said case.
  2. The immediately preceding paragraph means that your use of this Website and your being a member constitute your agreement that if any dispute arises between you and us with pertains to these Terms Of Use (which cannot otherwise be resolved through communication between you and us) any such dispute, including all aspects relating to such dispute, whether relating to the alleged breach, termination, enforcement, interpretation or validity of these Terms Of Use or the use of the Website, or your membership (each and all of such matters being referred to herein as a “Dispute”) will be settled by binding arbitration, as described herein.
  3. Waiver Of Jury Trial and Of Class Action. THE FOREGOING PARAGRAPHS MEAN THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY REGARDING THE DISPUTE OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT WHICH MIGHT BE RELEVANT TO THE DISPUTE, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
  4. Arbitration Procedure. If you believe that a Dispute has arisen and you desire to initiate arbitration you must provide us with a written Demand for Arbitration as specified in the AAA Rules. The same rule applies if we desire to initiate an arbitration with you. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) business days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.  You are specifically advised that the arbitrator will have wide the discretion in conducting the arbitration.
  5. Award In Arbitration. The arbitrator will render an award pursuant to the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
  6. If you prevail in the arbitration you may be entitled to an award of attorneys' fees and expenses, to the extent provided under California. If we prevail in the arbitration, we may be entitled to an award of attorneys' fees and expenses.
  7. Payment Of Arbitration Fees And Costs. Unless otherwise agreed to us in writing, you will be responsible for the payment of any filing, administrative and arbitrator fees payable to the AAA.
  8. Venue - the Arbitration described above shall be brought exclusively in Ventura County, California. This means that you are waiving any claim or defense that such forum is not convenient or proper. In addition, you are agreeing that a final judgment in any such arbitration shall be conclusive and may be enforced in Ventura County and in such other jurisdictions in the manner specified by law.

Severability

  1. If any provision of these Terms Of Use, as applied either to you or us or to any circumstance, shall be found to be void, invalid or unenforceable, this shall in no way affect any other provision of these Terms Of Use, or the application of any such provision in any other circumstance, or the validity or enforceability of these Terms Of Use. In addition, any provision which is found to be void, invalid or unenforceable shall be curtailed and limited only to the extent necessary to bring such provision within the requirements of the law.
  2. Foreign Jurisdictions. Without limiting the generality of Paragraph 1, immediately above, if any of the provisions of these Terms Of Use is inconsistent with the law of any jurisdiction outside of the United States, then these Terms Of Use shall be read and applied as if such provision is not a part of these Terms Of Use.  As of June 2019 the Service is not intended to be used nor is offered for use outside of the United States of America.

Effect of Waiver

No waiver by you or by us of any term or condition of these Terms Of Use shall be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this or any other agreement. All remedies, rights, undertakings, obligations and agreements contained in these Terms Of Use shall be cumulative, and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of either party.

No Assignment

These Terms Of Use are not to be assigned by you to another person entity and any attempted assignment by you shall be null and void and have no effect. We may assign these Terms Of Use to any affiliate of ours without your consent. Subject to the immediately preceding two sentences, these Terms Of Use and all provisions hereof, shall inure to the benefit of and be binding upon each of us, and the respective successors in interest, assigns, administrators, executors, heirs and devisees of each of us. You acknowledge that if you die, the ability of your successor(s) in interest (whether one or more heirs, one or more beneficiaries and/or your court appointed administrator(s) or executor(s) or otherwise) to access the Website and use your login and password is not authorized by these Terms Of Use.

No Third Party Beneficiary

These Terms Of Use do not and are not intended to confer any rights or remedies upon any person other than you and us. This includes the fact that if you die, the ability of your successor(s) in interest (whether one or more heirs, one or more beneficiaries and/or your court appointed administrator(s) or executor(s) or otherwise) to access the Website and use your login and password information is not authorized by these Terms Of Use.

Interpretation

These Terms Of Use are to be interpreted fairly and simply, and not strictly for or against either you or us, regardless of the fact that we have prepared these Terms Of Use.

Notices

All notices to Agents4Opens must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Executive Officer at Agents4Opens.

Privacy Policy

We have established a Privacy Policy which pertains to the information which we obtain from you. The Privacy Policy is posted at the Website. You are encouraged to carefully read the Privacy Policy.

Entire Agreement

These Terms Of Use constitute the entire agreement between you and us and supersedes all previous agreements and understandings, whether oral or written, between you and us with respect to the subject matter of this Agreement.

Links and Products

  1. Agents4Opens has not reviewed all of the products and sites linked on its Website and is not responsible for the contents of any such linked site or product. The presence of any link or product does not imply endorsement by Agents4Opens of the site or product. The use of any linked website or product is at the user’s own risk. 
  2. Agents4Opens may earn a commission on the sale of any product or service linked on it's site through various Affiliate Marketing Programs.  Users agree to accept this notice as the required notice for affiliate sales.

Cookies

  1. We employ the use of cookies. By using Agents4Opens's website you consent to the use of cookies in accordance with Agents4Opens’s privacy policy.
  2. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

Advertising

Users of the Service understand that some advertising will be shown.  Users agree to disable adblockers and other technologies that prevent the display of ads.  Users also agree to the sharing of data between Agents4Opens and their advertisers.

Linking to our Website

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    5. Partner Realtor Associations and their marketing pieces for our Service.
  2. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
  3. We may consider and approve in our sole discretion other link requests from organizations not listed above.
  4. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
  5. If you are interested in linking to our website, you must notify us by sending an e-mail to agents4opens@gmail.com.
    Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response, although actual response times may vary.  Failure to receive a response indicates a negative response.
  6. Approved organizations may hyperlink to our Web site as follows:
  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
  • No use of Agents4Opens’s logo or other artwork will be allowed for linking absent a trademark license agreement.

IFrames

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Agency Relations and Sub-Agency

Use of this site does not create or establish a sub-agency or agency relationship (as defined by state law) between the seller, buyer, real estate agents or real estate brokers and Agents4Opens, it's officers, employees and creators.

 

Contact Email: Agents4Opens@Gmail.com
Last Updated: June 23, 2019
Effective Date: June 23, 2019

© Agents4Opens 2019

Copyright © 2018 forward Agents 4 Opens