OpenHouseDealer.com is a venue site (the “Site”) that offers property owners and real estate agents/brokers a technical interface for posting property information and videos.The Site is owned and operated by OpenHouseDealer.com. This Agreement is between you and OpenHouseDealer.com whether or not you create an account on the Site.

By visiting and/or using the Site you agree to the Terms of Service (“Agreement”) and the Privacy Policy which isincorporated herein by reference.

By creating an account and clicking on the “I Accept” button, you will become a registered user and agree to be bound by theterms and conditions (“Terms”) of this Agreement. If you do not agree to the Terms please do not use the Site.

The Terms are subject to change, effective upon posting such on the Site. At our sole discretion we may send such changes to account holders via e-mail. Continued use of the Site or Service following posting of any changes to the Agreement will indicate acceptance by you of such changes.

1. Eligibility: You represent and warrant that (a) you are 18 years of age or older, or of legal age to form a binding contract; (b) your use of the Site does not violate any applicable law or regulation. OpenHouseDealer.com reserves the right to determine whether an individual is eligible for the Service.

2. Account Registration: An account is necessary in order to access certain Site features. When you register for an account, in addition to the representations and warranties in paragraph “1. Eligibility” above, you represent and warrant that all registration information that you submit is truthful and accurate and you will maintain the accuracy of such information. OpenHouseDealer.com reserves the right to suspend or terminate your account if OpenHouseDealer.com suspects that your registration information is untrue or inaccurate.

3. Account Password and Security: As part of the account registration process, you must select a password for access to your account. You shall be responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You agree to notify OpenHouseDealer.com or any unauthorized use of your account or other breach of security and to logout from your account at the end of each session. You may be held liable for losses incurred by OpenHouseDealer.com or a third party due to use of your password or account by someone else.

4. Privacy Policy and Security: Our Privacy Policy is part of this Agreement. You understand and agree that OpenHouseDealer.com may disclose your personal information
if required to do so by law, or if we believe in good faith is necessary to comply with legal process, enforce the terms of any agreements concerning the Site, respond to any
claims, protect the rights, personal safety or property of OpenHouseDealer.com, its officers or employees affiliate of the public.

5. Appropriate Conduct and Content: You are solely responsible for your conduct and content (“User Content”) that you submit, post, and display on the site. OpenHouseDealer.com does not endorse or guarantee the accuracy, integrity or quality of User Content.

You promise not to upload, post, e-mail, transmit or otherwise make available any content that will: (1) violate local, state, national and international laws and regulations, (2) interfere with or disrupt the servers or networks; (3) mislead or deceive; (4) violate, plagiarize, or infringe upon the rights of others, including copyright, trademark, privacy or other personal or proprietary rights; (5) contain libelous or otherwise unlawful material; or (6) create a false identity in order to mislead others.

You will comply with all applicable laws and regulations regarding online conduct and content.

Further prohibited activities included by way of example and not limitations:

• Modifying, adapting, translating or reverse engineering any portion of the site.
• Removing any copyright, trademark or other proprietary rights notices contained in or on the site.
• Collecting any information for unauthorized purposes.
• Reformatting or framing any portion of the web pages that are part of the Site.
• Creating accounts by automated means or false or fraudulent pretenses.
• Using the Site for commercial purposes.
• Advertising or offering to buy any goods or services.

OpenHouseDealer.com may, but shall have no obligation to review, modify, edit, or reject or remove any User Content available on the Site. OpenHouseDealer.com has the right in its sole discretion to remove any User Content that violates the Agreement and/or is inappropriate, and to terminate the user’s access for uploading content in violation of the Agreement.

6. Updating Account Information: You may change your password, modify your profile information or demographic information and change your e-mail address when you log on into your account.

7. Published User Content: OpenHouseDealer.com does not claim ownership of materials that you submit for publication on the Site. By uploading, posting or displaying any materials on the Site, you automatically grant and represent that you have the right to grant to OpenHouseDealer.com a worldwide, non-exclusive, sub-licensable, transferable, royalty-free license to use, copy, distribute, transmit, adapt, create derivative works or publicly perform and display such content. This license exists until you or OpenHouseDealer.com removes the material from the Site.

8. OpenHouseDealer.com’s Proprietary Rights: OpenHouseDealer.com owns and retains all rights in the Site, which contains proprietary and confidential information that is
protected by applicable intellectual property and other laws. Except for that information which is in the public domain or for which you have been given written permission from
OpenHouseDealer.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

9. Disclaimers: OpenHouseDealer.com its members, agents, employees, partners, and consultants (OpenHouseDealer.com) disclaim any and all responsibly and liability for the conduct, whether online or offline, of any user of the Site.

We provide the material available through the Site for informational purposes only. OpenHouseDealer.com does not verify a user’s information, is not involved in the real estate transaction, is not the agent of either party and does not have authority over either and, therefore, is not responsible for any claims, demands or damages that arise from any disputes between the parties to the transaction.

You may only use the material and the services available through the Site for your personal and non-commercial use. Before you act on any information you’ve found on the Site, you should independently confirm any facts that are important to your decision.

OpenHouseDealer.com disclaims any and all responsibility and liability for the accuracy, quality, content, timeliness, completeness, legality, reliability, operability or availability of the information software products or services or other materials contained on or available through the Site, or that defect or errors will be corrected or that the content is free of other harmful components.

THE SITE, AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND MATERIALS, ARE PROVIDED “AS IS” AND, “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPENHOUSEDEALER.COM EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION WHETHER WRITTEN OR ORAL FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Some states do not allow the exclusion or limitation warranties, so the above disclaimers and exclusions may not apply to you.

YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR OWN RISK.

10. Limitation of Liability: IN NO EVENT SHALL OPENHOUSEDEALER.COM BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, ORCONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF MISUSE OF AND RELIANCE ON THE SITE, OR DELAY OR INABILITY TOUSE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STIRCT LIABLITY OR OTHERWISE, EVEN IF OPENHOUSEDEALER.COM HAS BEEN ADVISED OF THE POSSIBITY OF DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

NOTWITHSTANDING THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OPENHOUSEDEALER.COM’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.00

11. Links: The Site may provide links to other World Wide Web sites or resources. OpenHouseDealer.com has no control over such sites and resources, you acknowledge that agree that OpenHouseDealer.com is not responsible for the availability of such external sites or resources, and does not endorse and it not responsible or liable for any content, advertising, products or other materials on or available for such sites or resources.

12. Term of Service: The Agreement will remain in full force and effect while you use the Site or Service.

13. Modifications and Changes: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that OpenHouseDealer.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

14. Account Cancellation: You may cancel your registration at any time by sending e-mail to info@openhousedealer.com. Upon receipt of your cancellation notice we will cancel your account.

We may in our sole discretion, and with or without notice, terminate your account at any time and for any reason.

You acknowledge and agree that upon cancellation or termination OpenHouseDealer.com is under no obligation to continue to publish your profile, videos, photographs or other materials and we may immediately delete your profile and other information and bar current or future use of the Site.Our proprietary rights, indemnities, disclaimer of warranties, limitation of liability, and general provisions shall survive any termination of your account.

15. Indemnity by You: You agree to indemnify and hold harmless OpenHouseDealer.com, its members officers, agents and employees form and against any liability, claim, loss or demand including reasonable attorneys fees made by any third party arising for or in any way relating to your use of the Site in violation of the Agreement, breach of the Agreement and/or breach of your representations or warranties, or your violation of the law or of the rights of a third party.

16. Governing Law: The Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of law provisions of your actual state of county of residence. The parties agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Kings County, State of New York for any dispute with OpenHouseDealer.com or any of its members, officers, agents or employees.

17. Assignment: You shall not assign the Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntary or by operation of law without our prior written consent. Any such purported assignment of delegation will be null and void and of no force and effect. The Agreement may be assigned by OpenHouseDealer.com
without restriction.

18. Entire Agreement: The Agreement constitutes the entire agreement between you and OpenHouseDealer.com and supersedes any and all prior agreements and contemporaneous
communications between you and OpenHouseDealer.com with respect to the Site.

19. Waiver and Severability: Any waiver of any provision of the Agreement by a party will be effective if in writing and signed by a party. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

20. Statute of Limitations: Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose of be forever waived and barred.

Copyright Policy: We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of where the material that you claim is infringing is located on the Site; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) if possible, information to permit us to notify the user who posted the allegedly infringing material; (6) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (7) a statement by you, made under penalty of perjury, that he above information in your notice is accurate and that you are the copyright owner or authorized to act on thecopyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached at info@openhousedealer.com

Last Updated November 29, 2007