1. Description of Service
Open House By Zip Code is providing Member with Open House listings. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Open House By Zip Code on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Open House By Zip Code makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Open House By Zip Code] shall have no liability for any interruptions in the use of this Website. Open House By Zip Code disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Open House By Zip Code SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Open House By Zip Code SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Open House By Zip Code HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Member agrees to indemnify and hold Open House By Zip Code, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. You expressly agree that use of Open House By Zip Code us at your sole risk.
5. Modifications and Interruption to Service
Open House By Zip Code reserves the right to modify or discontinue the Service with or without notice to the Member. Open House By Zip Code shall not be liable to Member or any third party should [Open House By Zip Code exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Open House By Zip Code does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. User Registration
In order to access some of the features of the website, you may be required to become a registered user. If you are under the age of 13 (Thirteen), you are not permitted to register or submit information to this website. If you become a registered user, you will agree to provide true, accurate, and current registration about yourself. During the registration process, you may be required to create a username and password will will allow you access to certain areas of Open House By Zip Code. By registering with us, you accept all responsibility for all activities which occur under your membership. We reserve the right to cancel your account or deny you access to the Website at our discretion, without notice and liability.
7. User Content
We may permit users to post, upload, display, publish, distribute, transmit through broadcast or otherwise make available on the website messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and other material. It will be your responsibility to monitor and protect any and all intellectual rights you may have.
8. Third-Party Sites
9. Disclaimer Regarding Accuracy of Vendor Information [Optional Clause]
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Open House By Zip Code makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Open House By Zip Code makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
10. Governing Jurisdiction of the Courts - California
11. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. Copyright and Trademark Information
All content included or available on this site, including site design, text, images, photos, sounds, music, videos, information, graphics, layouts, text illustrations, interfaces, instructions, advertising copy, URL’s, technology, interactive features, the “look and feel” of this website and the selection and arrangements thereof is ©2010 OpenHouseByZipCode.com, with all rights reserved, or is the property of Open House By Zip Code and/or third parties protected by intellectual property rights. This includes past, present and future versions of this website. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Open House By Zip Code is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Open House By Zip Code.
Open House By Zip Code ™ and OpenHouseByZipCode.Com™ are proprietary marks of OpenHouseByZipCode.com. Open House By Zip Code’s trademarks may not be used in connection with any product or service that is not provided by Open House By Zip Code in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Open House By Zip Code.
All other trademarks displayed on Open House By Zip Code’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Open House By Zip Code.
13. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Open House By ZipCode.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Email: email@example.com
Open House By Zip Code retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Open House By Zip Code reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
15. Other Terms
WE RESERVE ANY AND ALL RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.