Last Updated February 2019
Welcome to HomeOpenly, operated by HomeOpenly, Inc. a California Corporation. By using HomeOpenly.com and/or related services ("Services"), you're agreeing to our terms, so please take a few minutes to read over the Agreement below, as updated from time to time ("Terms of Service").
Purpose. Our web service facilitates a competitive professional behavior among Real Estate Agents by allowing each Agent to advertise his or her competitive commission rates, rebates, and services, in accordance with the law and strict ethical and professional standards. HomeOpenly is designed to promote lower cost of homeownership in the United States by facilitating a healthy competitive environment among real estate professionals. HomeOpenly offers its basic access to its Services without subscription or referral fees for all users.
Permissible Use. Unless you are a real estate professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. You may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, you agree that any information provided to you by any real estate professional using Services such as listing commission advertisement rates, buyer rebate advertisement rates, services offered, areas of service, real estate professional contact details and any other relevant information is absolutely confidential and is intended for your eyes only.
Real Estate Professionals' Advertisements. The commercial use by real estate professionals is limited to providing information to consumers as advertisements only. Real estate professionals are not authorized to take actions on behalf of a consumer client (e.g., post a home for sale or make and accept an offer) using Services. Real estate professionals must be fully licensed and provide complete and accurate information with regards to licensing status, years of experience, contact information, listing commissions advertisement rates, buyer rebate advertisement rates, services offered, areas of service and information with regards to the Agency. Real estate professionals may not provide false or misleading advertisements or false contact information using Services. The Services is an advertisement for real estate agency representation only and may not be used to facilitate any transactions in residential or commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. Real estate professionals must not advertise representation services that they are unable to provide. Real estate professionals may not leave outdated advertised information using Services. In the event a real estate professional wishes to stop using the Services, they must expressively opt-out of the Service by either setting all advertised listing commission rates and buyer commission rebates to zero or by notifying HomeOpenly that they no longer wish to advertise their representation services. All advertisements that are set and activated by real estate professionals using Services will remain active indefinitely until expressively canceled or removed by the real estate professional. It is the full responsibility of the real estate professional to abide by their advertisements until expressively canceled or removed. HomeOpenly may remove any advertisements posted by real estate professionals that do not meet its policy at any time and for any reason under its sole discretion, regardless of the real estate professionals have purchased paid premium access or opt-in into basic free access.
Real Estate Referral Fees. HomeOpenly is NOT a real estate broker and does not collect referral fees. Real estate professionals using Services may never collect any referral fees with any information obtained from using the Services outside their Agency. Collecting, charging, or receiving any form of compensation in the form of referral fees from any information obtained using Services constitutes a willful violation of Terms of Service, harms HomeOpenly, its service providers and users. HomeOpenly has zero tolerance for any violation of its no referral fee policy. Real estate professionals advertising with HomeOpenly must do so only on their own behalf. Real estate professionals must use the same license for conducting regular business and to advertise using Services. Real estate professionals must not provide, exchange, sell or otherwise distribute information obtained using Services with any other real estate professional outside their Agency at any time.
Real Estate Professionals Premium Access. If you purchase any of our paid Services ("Premium Access") in lieu of basic free access, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Basic access is always free, Premium access is free for the first 6 months.
Acceptable Use. You agree not to use the Services in any way that is unlawful or harms HomeOpenly, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches the HomeOpenly Privacy by Design or any other policy or notice on the Services. You agree not to distribute or post false information, illegal advertisements, false leads, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. You may not use, reproduce, distribute, display or provide access to any portion of the Services to any third-party web site, person or entity. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any profile information, electronic leads or lead requests about participating real estate professionals, prospective buyers, prospective sellers, advertisement rates for commissions and rebates, areas of service, personal information or any other advertisement and user content available through the Services.
Automated Queries. Automated queries (including spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law.
Notices, Calls, E-mails and Service Messages. If you, as a potential seller or buyer, choose to contact a real estate professional through the Services by filling out a contact or lead request form on the Services, you authorize HomeOpenly to provide your name, contact information and other identifying information to the applicable real estate professional. You acknowledge that, by submitting your contact or lead request or another request form on the Services, you may receive calls, e-mails, notices, service messages from HomeOpenly, or said real estate professional. You further acknowledge that, by submitting your contact or “lead” request or another request form on the Services, you may receive e-mail notifications from HomeOpenly with regards to new real estate agent matches in your area. Any notices, calls, e-mails, and service messages deliveries are sent and received without a receipt or read confirmations. Any notices, calls, e-mails, and service messages deliveries are without expressed or implied a warranty.
Rights and Limits for Content You Provide. For content you post or otherwise provide to HomeOpenly in connection with the Services you grant HomeOpenly an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your content, in connection with the Services or in any other media, and sublicense these rights, to the maximum extent permitted by applicable law. HomeOpenly will not pay you for your content. HomeOpenly may remove or modify your content at any time. For all content, you agree to provide accurate and complete information and represent that you have all rights necessary to post it and will not infringe any third party rights. You are solely responsible for all content posts made through your user account on the Services or that you otherwise make available through the Services. You agree to choose a strong and secure password and keep your password secure and confidential. You may not share your user account with others. You are responsible for all actions taken via your account. HomeOpenly will treat your use of the Services in accordance with its Privacy by Design.
Advertising on HomeOpenly. HomeOpenly is primarily funded through advertising. You understand and agree that the Services may include advertisements and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, HomeOpenly may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy by Design for more details.
The Role of HomeOpenly. HomeOpenly, Inc. is NOT a licensed real estate broker or agent in any State and does not broker real estate transactions. HomeOpenly does not act as a real estate agent for you or any other user. HomeOpenly does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, HomeOpenly does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
Third-Party Content and Advertisements. The Services include links to third-party products, services, and Web sites, as well as materials provided by third parties. HomeOpenly does not endorse and takes no responsibility for such products, services, Web sites, and materials. You understand that HomeOpenly has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and HomeOpenly takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Claims of Copyright Infringement. HomeOpenly respects the intellectual property rights of others and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify HomeOpenly. Notices of copyright infringement claims should be sent as follows: HomeOpenly, Inc. 325 Sharon Park Dr. #416 Menlo Park, California 94025
Intellectual Property. The Services are the property of HomeOpenly, and subject to the intellectual property rights of HomeOpenly and its licensors. All content is copyrighted. All rights reserved. The pending patent applies to this site and to the features and services accessible via the site. HomeOpenly, HomeOpenly.com, RebateLeads, RebateLeads.com, Open Marketplace, Open Real Estate Marketplace, Competitive Agents Matched and the Roof-Circle logo are unregistered trademarks and/or registered service marks of HomeOpenly, Inc. in the United States, Canada and/or other countries in connection with the sale or promotion of real estate and real estate advertisement goods or services. You may not use any of HomeOpenly's trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks service marks of their respective owners. Any rights not expressly granted herein are reserved. HomeOpenly does not assert copyright or grant any rights to the underlying images or descriptions provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.
NO WARRANTY. TO THE EXTENT ALLOWED UNDER LAW, HOMEOPENLY, INC. DISCLAIM ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, NO ENCUMBRANCES, NO LIENS, AND NONINFRINGEMENT); HomeOpenly, INC. DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. HomeOpenly, INC. PROVIDES THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” "WITH ALL FAULTS" AND “AS AVAILABLE” BASIS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT ARE WITH YOU. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
LIABILITY LIMITATION AND EXCLUSIVE REMEDY. TO THE EXTENT PERMITTED UNDER LAW, HOMEOPENLY, INC. SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. BREACH OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, DOWNTIME OR CHANGES TO YOUR INFORMATION OR CONTENT) INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES, EVEN IF HomeOpenly, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU, IN WHICH CASE YOUR EXCLUSIVE REMEDY IS SET FORTH BELOW AND SURVIVES IN THE EVENT. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST HomeOpenly, INC. WITH RESPECT TO THESE TERMS OF SERVICE, OR YOU AWARE OF THE LAW SPECIFICALLY PRHOBITING YOU FROM USING THE SERVICES THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Changes to Terms of Service. HomeOpenly reserves the right to change these Terms of Service at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Service to HomeOpenly properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of an agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Service. You are responsible for regularly reviewing these Terms of Service. HomeOpenly may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
Choice of Law and Disputes. These Terms of Service are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in San Mateo County, California for any and all disputes, claims, and actions arising from or in connection with the Services and/or these Terms of Service. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
Indemnification. By using the Services you agree to defend and hold HomeOpenly, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Service, your use of the Services, your violation of any law or the rights of a third party, or any content post made through your user account on the Services or that you yourself make available through the Services.
Release. You release HomeOpenly, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Parties and Assignment of the Agreement. You're eligible to enter into this Agreement and you are at least 18 years old. You may not assign these Terms of Service, or assign, transfer or sublicense your rights, if any, in the Service. HomeOpenly failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Service constitute the entire agreement between you and HomeOpenly, Inc. with respect to the Services.