OptHomeTM TERMS OF USE
Please Read Carefully Before Using This Web Site
Welcome to the website www.OptHome.com (the Site). To ensure a safe, non-offensive environment for all visitors to this Site, we have established these "Terms of Use." By accessing any areas of this Site, you agree to be bound by the terms and conditions set forth below. If you do not agree to all of the Terms of Use, please do not use this Site.
COPYRIGHT NOTICE
All intellectual property rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by OptNow Real Estate Corp. or its third-party licensors, to the full extent provided under the United States Copyright laws and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of OptNow Real Estate Corp., or any third party.
The Site and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Site is strictly prohibited, without the prior written consent of OptNow Real Estate Corp. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from OptNow Real Estate Corp. is prohibited.
TRADEMARKS
OptHomeTM, OptListing®, OptRegistryTM, OptAgentsTM, OptRewardsTM, Opt®, OptNow®, OptTipsTM, OptMemberTM and other trademarks, logos, and service marks displayed on this Site and this Site’s trade dress are among the registered service marks of OptNow Real Estate Corp. and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. These marks may not be used in any way without receiving the prior express written permission of OptNow Real Estate Corp. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not OptHome, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. OptHome does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OptHome be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any OptHome server, or the network(s) connected to any OptHome server, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any OptHome server or to any of the Site services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
By way of example, and not as a limitation, you agree that when using the Site, you will not:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise inappropriate or objectionable
- harm minors in any way
- "stalk" or otherwise harass another
- impersonate any person or entity, including, but not limited to, an OptHome official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
- use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise)
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same
- use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party
- upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another
- advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages
- download any file posted by another user of the Site that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
- restrict or inhibit any other user from using and enjoying the Site
- harvest or otherwise collect information about others, including e-mail addresses
- violate any applicable laws or regulations
- create a false identity for the purpose of misleading others
- use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Site or other user or usage information or any portion thereof
You acknowledge that OptHome assumes no obligation to regularly review the Site nor screen postings or other Content in advance, but that OptHome and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Site. Without limiting the foregoing, OptHome and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by OptHome or submitted to OptHome, including without limitation information in OptHome Message Boards and in all other parts of the Site.
You acknowledge and agree that OptHome is not responsible or obligated to screen or monitor material posted by users, and will not be liable or responsible to any user for performance or nonperformance of such activities. If notified by a user of any communication which allegedly does not conform to this Terms of Use, OptHome may in its discretion investigate the allegation and may thereafter determine in its sole discretion whether to remove or request the removal of the communication.
You acknowledge and agree that OptHome reserves the right to expel users and prevent their further access to the Site for violating these Terms of Use or any applicable law, and may remove communications which are considered to be, in OptHome's sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable.
You acknowledge, consent and agree that OptHome may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of OptHome, its users and the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by OptHome and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
By submitting content to any public area of the Site (which includes, but is not limited to, your profile, message boards, forums, contests and chat rooms), your content will be considered "Public Information" and will not be subject to the privacy protections afforded in the Privacy Policy in this Site.
OptHome reserves the right to terminate your access to any portion of or the entire Site at any time, without notice, for any reason whatsoever.
LINKS
For your convenience, OptHome may provide links to various other web sites that may be of interest to you. However, OptHome does not control such web sites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such web sites. Furthermore, the OptHome privacy policy is applicable only when you are on our Site. Once you link to another web site, you should read that site's privacy policy before disclosing any personal information. If you decide to access any of the third party sites linked to this Site, you do so at your own risk. OptHome reserves the right to terminate any link or linking program at any time.
APPLICABLE LAW
This Site is controlled by OptNow Real Estate Corp. from its offices in Southborough, Massachusetts, the United States of America. As such, the laws of the Commonwealth of Massachusetts, the United States of America, will govern these Terms of Use, excluding any principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts, the United States of America, for any litigation arising out of or relating to the use of this Site, waive any objection to the venue of any such litigation in the Massachusetts courts and agree not to plead or claim in any Massachusetts court that such litigation brought therein has been brought in an inconvenient forum. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of any remaining provisions.
Obligations
You are required to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from OptHome. As a condition of your use of the Site, you represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.
DISCLAIMER
THE MATERIALS CONTAINED IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. OPTNOW REAL ESTATE CORP. EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OPTNOW REAL ESTATE CORP. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS. WHILE OPTNOW REAL ESTATE CORP. STRIVES TO KEEP THE INFORMATION ON THIS SITE ACCURATE AND CURRENT, OPTNOW REAL ESTATE CORP. CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION. INFORMATION WITHIN THIS SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. OPTNOW REAL ESTATE CORP. DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. OPTNOW REAL ESTATE CORP. RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THIS SITE, AT ANY TIME, WITHOUT NOTICE.
OptHome disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through hot links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OPTNOW REAL ESTATE CORP. BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF OPTNOW REAL ESTATE CORP. HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of Content, your violation of these Terms of Use, or any other violation of the rights of another person or party.
MODIFICATION/UPDATES
OptNow Real Estate Corp. reserves the right to make changes to the Site at any time and may revise these Terms of Use at any time. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Your use of this Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and OPTNOW REAL ESTATE CORP. as a result of these Terms of Use or your use of this Site.
Violations.
Please report any violations of these Terms of Use to OptNow Real Estate Corp. 144 Turnpike Road, Suite 370, Southborough, MA 01772 or webmaster@opthome.com.
Effective July 1, 2007