User Agreement

Your use of this site in particular, OpenOffer.com™, but without limitation to all of our sites(and our officers, directors, agents, subsidiaries, joint ventures and employees) herein the “Company” or “Company’s, constitute your agreement and acceptance of the “User Agreement” and “Privacy & Security Policy” from all of our entities, companies, DBA’s and web sites. You may not use the information found at any of our sites except as provided in the User Agreement.

This User Agreement (“Agreement) is entered by the “Company” and the User. This agreement will be initiated once you register and click “Yes” on the “Agree to User Agreement”. By using this web site (“Site”) the user agrees to the terms of use as follows:

1. You must be at least 18 years old to use this Site.
   
   
2. You will not copy, redistribute or retransmit any of the data or information provided, and will abide by all U.S and international patent rights, proprietary rights, intellectual rights, trademark rights and copyright restrictions and other restrictions on use of any content on this Site imposed by us or any other person who provides such content, including but not limited to data obtained from the multiple listing service. OpenOffer.com™ is the sole owner of all content displayed with limitations to content obtained by OpenOffer.com™ from local multiple listing services. OpenOffer.com™ is the sole owner of codes, applications and design used to operate this site.
   
   
3. You understand that the “Company” will not be liable for any information on this site. You agree that our “Company” can not be liable for any and all information on this site. The information contained in the database at this site is collected from various public and private sources, including Multiple Listing Services (MLS), different real estate professionals and buyers and sellers like you. Each of those sources updates their data at different intervals. While attempts are made to update the data on this site on a regular basis, you should not rely solely upon this web site to indicate ANY information about any real estate posted here.  We do not guarantee that the information found in this site and its database is complete, accurate or reliable. Access to this database is provided as a public service and should not be construed as an endorsement or recommendation to buy or sell Real Estate.
   
   
4. All data obtained from this “site” is for your personal, non-commercial use.
   
   
5. You authorize us to communicate with you via telephone, fax, email and mail. You authorize the Real Estate agents who represent different sellers to contact you via telephone, fax and email – such authorization is granted only when you make an ‘OpenOffer’ on one or more of their real estate listings.
   
   
6. You are aware and agree that we can not and do not guarantee the sell or purchase of a real estate on the site. Real Estate Properties shown on the site can be removed at any time without notification to potential buyers. Furthermore, Real Estate Properties shown on this site can be sold outside of the site at any time without notification to any potential buyers even though your offer has already taken place on the subject Real Estate Property. ALL OFFERS MADE BY BUYER/S TO SELLER/S OR HIS/HER AGENT ARE NON BINDING. ANY RESPONSE, COUNTER OFFER/S, OR ANY OTHER COMMUNICATION MADE BY SELLER/S OR HIS/HER AGENT TO BUYER/S ARE NON BINDING.
   
   
7. You are a consumer and not our client. You understand and agree that no joint venture, partnership, employment, or agency relationship exists between you and OpenOffer.com™. Agency relationship may occur with potential buyers or sellers ONLY if consummated in writing with the formation of ‘Listing Agreement’ or ‘Buyer Broker Agreement’.
   
   
8. You must register as a Buyer, Seller, Real Estate Agent, Builder and Banker in order to use the site. WHETHER REPRESENTING A SELLER OR ACTING AS A BUYER OR A SELLER FOR THEIR OWN USE, REAL ESTATE AGENTS MUST ENTER THEIR STATE DRE (Department of Real Estate) LICENSE #.
   
   
9. You are not a party subject to current Buyer-Broker agreement, if you do have a Buyer-Broker agreement, you will not ask our preferred real estate brokerage to represent you.
   
   
10. You have a bona fide interest in the sale or purchase of real estate offered through the site.
    
    
11. You acknowledge that many of the real estate listing/properties offered for sale through our site are real estate listings of other real estate brokerages. In addition, OpenOffer™ representatives or agents from our preferred real estate brokerages may appear next to the properties advertised on our site. You understand that those representatives and agents are NOT the listing agents. Disclosure for the actual listing brokerage name is provided to you in RED FONTS in the “For More Information” box located on each listing on our site.
    
    
12. You are aware that we may restrict you from using our site. You agree and give us full authority to terminate, remove or delete your user name and password and block you from accessing or using our site. Any breach of this agreement or any abuse of our system will be subject to the actions mentioned in this paragraph and possible legal proceedings against you. We keep the right to block, remove or delete any user, property listing, offers, and advertising without any prior notice or explanation/s.
    
    
13. You agree to use the site as a tool to place Non Binding Offers on any Real Estate Properties advertised on the site. You understand that the ‘OpenOffer’™ Style format on this site constitutes ONLY the intent to sell or the intent to offer to buy Real Estate it is not a legal binding contract. Sellers are not obligated to sell and Buyers are not obligated to buy.  The “Company” keeps the FULL right to remove, delete or terminate any postings from sellers, Listing Agents, Builders, Bankers and offers from buyers at any time.
    
    
14. NEITHER OpenOffer.com™, NOR ANY OF THEIR AFFILIATES OR MEMBERS INVOLVED IN PROVIDING THE SERVICES AT THIS WEB SITE MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS OF THE INFORMATION CONTAINED AT THE WEB SITE OR THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES PROVIDED THEREAT AND MAKE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. IN NO EVENT SHALL THE “COMPANY”, OR ITS AFFILIATES OR MEMBERS HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LIABILITY TO ANY THIRD PARTY ARISING OUT OF THE USE OF THIS WEB SITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY. YOU AGREE THAT “COMPANY” AND ITS PROVIDERS ARE NOT RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OF THIS SITE OR ANY OTHER LINKED SITE.  This Site and all iTS CONTENT IS being provided “as is”, without any representation or warranty of any kind. All warranties, express and implied, are hereby disclaimed. Without limitation of the foregoing, we disclaim all warranties regarding non-infringement, title, merchantability, fitness for a particular purpose, or availability, accuracy or usefulness of data. THE “company” DOES NOT GUaRaNTEE OR WARANT AN ERROR FREE SITE OR DEFECTS FREE OR FREE OF INTERAPTIONS TO OUR SERVER INCLUDING VIRUSES AND HARMFUL COMPONENTS.
    
    
15. The “Company” shall not be liable for any damages in connection with your use of this Site or any information provided to you therein. Without limitation of the foregoing, the “Company” shall not be liable for any damages arising from any interruption, error, delay, unavailability or failure in service or transmission, any deletion or computer virus, or any unauthorized access to, or disclosure, misappropriation or alteration of, data, or/and any punitive, exemplary, multiple, special, indirect, incidental or consequential damages of any kind. If, under applicable law, any damages may not be so limited, then such damages will be limited to the maximum extent permitted under such law.
    
    
16.  As a Real Estate Agent you agree to the following:
1. You will provide your DRE license # upon registering, YOU MUST DISCLOSE YOUR LICENSE NUMBER AND IDENTIFY YOURSELF AS A REAL ESTATE AGENT REGARDLESS OF YOUR EMPLOYMENT STATUS AND REGARDLESS OF YOUR USE OF THIS SITE.
2.  If you act as a buyer, we may contact you to be pre-approved by our lender affiliate, SDEloan.com. We may ask you to sign a Buyer-Broker Agreement with our preferred real estate brokerage allowing them to represent you as a buyer. Consequently, you will not collect any commission paid by the listing brokerage. You agree to “buyers section (17)” of this agreement.
3. If you act as a seller, our preferred real estate brokerage will contact you to sign a listing agreement with them. You agree to “sellers section (18)” of this agreement.
4. If you are representing a buyer and have a Buyer-Broker agreement with your buyer, you must disclose that during the registration process. Even if you do not have a buyer-broker agreement with your buyer, you must disclose your buyer’s name and contact information. Your buyer information is necessary to avoid potential solicitation by our preferred real estate brokerage. OpenOffer™ representative may contact your buyer to verify all information provided by you. False information will result with termination of your membership.
5.  If you are representing a seller/s and would like to access your listing/s on our site, we may verify that you have a “listing agreement” and it is your listing/s. You can not post or access other agent’s or broker’s listings. After registering and becoming a member, you will be able to receive non binding offers on your listing/s made by potential buyers.    We reserve the right to remove your single or multiple postings/listings at any time.
   
   
17.  As a Potential Buyer you agree to the following:
1. You agree to register as a buyer even if you are a seller.
2. If you are a buyer who entered into an exclusive buyer-broker agreement with another agent, you must disclose that during your registration process. If you did not sign an agreement but were introduced to a particular property by another agent, please inform us of the agent’s name. If you are not being represented by an agent, then you are giving us the right to refer you to our preferred real estate brokerage. False information will result with termination of your membership.
3. Potential buyers may search for properties, make non binding offers, schedule showing days to view properties with their agent, listing agent or (if not being represented by an agent) with our preferred real estate brokerage.
4. We will schedule a “Showing Day” and all potential buyers that are not being represented by other real estate agents will be able to view the properties they selected to view. Each buyer will be given a certain time for viewing. You may view properties on your own, with the actual listing agent of the subject property or, with your preferred real estate agent.
5. The following sections 17(e), 17(f) and 17(g) apply to those buyers who during the registration process answered NO to the question: “Are you currently working with a real estate agent?” All buyers will be referred to our preferred real estate brokerage for possible representation. Our preferred real estate brokerage may require you to be pre approved with our affiliate lender – (1) Our affiliated lender will contact you to start the pre approval process once you are ready to make a formal written offer (2) You will be required to complete all loan applications and provide all necessary documents within 3 business days. (3) Our lender will send you the necessary information needed to be pre approved to allow you enough time to gather all documents (4) If you fail to complete the pre approval process we keep the right to delete or remove all offer/s you placed on our site. (5) If you are already pre approved for a real estate mortgage loan by your lender of choice, you authorize our preferred real estate brokerage to ask for a pre approval certificate. In addition, you authorize our preferred real estate brokerage to review and check the validity of such certificate. Even with a pre approval certificate from your lender of choice, we still keep the right to delete or remove your offer/s you placed on our site.
6. You give us full authority to refer you to our preferred real estate brokerage and preferred mortgage company. By registering on our site, you give full permission to our preferred real estate brokerage and preferred mortgage company to contact you via email, phone, mail, or in person. Our preferred real estate agents will meet with you, or you will be required to come to their office to discuss your intent to buy any property of your choice.
7. If your offer is on a Real Estate property that is advertised by a paid member who is the actual listing agent for the subject Real Estate property, then you may not be required to be pre approved for a mortgage real estate loan and you may not be referred to our preferred real estate brokerage.
8. You will not be able to see other offers but your own. However, you will be able to see your ranking in regards to other offers. At any time you can raise your offer in order to be the top offer/potential buyer.
9. If you have a Real Estate License, YOU MUST DISCLOSE YOUR  LICENSE NUMBER AND IDENTIFY YOURSELF AS A REAL ESTATE AGENT REGARDLESS OF YOUR EMPLOYMENT STATUS.
   
   
18. As a Potential Seller you agree to the following:
1. To display your property on our site you will need to sign a written listing agreement with our preferred real estate brokerage. If your property is listed with another real estate agent or broker, you may use our site knowing that your use of the site is not a solicitation of your listing. In order for your agent to receive offers on your behalf they must sign up with us.
2. You must disclose to us if you have written listing agreement. (1) If you have a listing agreement with another agent or a broker and would like your property to be posted on our site – Please contact your real estate agent or broker and have them do it for you. You can still register with us. Please be aware that your registration is not a solicitation to list your property with our preferred real estate broker age, if your property is listed with a fellow real estate agent.
3. If you have a Real Estate License, YOU MUST DISCLOSE YOUR LICENSE NUMBER AND IDENTIFY YOURSELF AS A REAL ESTATE AGENT REGARDLESS OF YOUR EMPLOYMENT STATUS. If you are selling your own property, you will need to register as a “listing agent” and you will be subject to our membership fee.
4. ‘For Sale By Owner’ properties are not allowed and you may not post your Real Estate property on our site until you sign a Real Estate listing agreement with us or any other Real Estate licensee.
   
   
19. As a Builder you agree to the following:
    1. As a builder you are also defined as a ‘Seller’ and therefore you agree to section 18 of this agreement
    2. If you are being represented by a Real Estate Broker, then your broker must provide his/her/their Real Estate license # upon registering, YOUR BROKER MUST DISCLOSE HIS/HER/THEIR LICENSE NUMBER AND IDENTIFY THEMSELVES AS A REAL ESTATE BROKER/AGENT REPRESENTING YOU.
    3. If you are the Real Estate broker, then you must follow section 19(a) of this agreement and disclose all required information.
    4. If you are a builder who is not being represented by a Real Estate Broker, please call us to set an appointment for sales presentation by our Real Estate professionals. You are not obligated to use us as your Real Estate broker; however, you may not post any Real Estate properties for sale on our site until you arrange for a Real Estate broker to represent you.
    5. ‘For Sale By Owner’ properties are not allowed and you may not post your Real Estate property on our site until you sign a Real Estate listing agreement with us or any other Real Estate licensee.
    6. If you act as a buyer, we may contact you to be pre-approved by our lender affiliate, SDEloan.com. We may ask you to sign a Buyer-Broker Agreement with us allowing us to represent you as a buyer. Consequently, you will not collect any commission paid by the listing brokerage. You agree to “buyers section (17)” of this agreement.
    7. If you are representing a buyer and have a Buyer-Broker agreement with your buyer, you must disclose that during the registration process. Even if you do not have a buyer-broker agreement with your buyer, you must disclose your buyer’s name and contact information. Your buyer information is necessary to avoid potential solicitation by our preferred real estate brokerage. OpenOffer™ representative may contact your buyer to verify all information provided by you. False information will result with termination of your membership.
    8. If you are representing a seller/s and would like to access your listing/s on our site, we may verify that you have a “listing agreement” and it is your listing/s. You can not post or access other agent’s or broker’s listings. After registering and becoming a member, you will be able to receive non binding offers on your listing/s made by potential buyers.   We reserve the right to remove your single or multiple postings/listings at any time.
       
       
20. As a paid member you agree to the following Fees and Membership:
1. Membership periods will be from 1 month to 3 months. We may change    the membership periods at any time.
2. Membership fee will be set upon registration and will be effective for the duration of the membership period you signed for. OpenOffer.com™ reserves the right to change its fees at any time and without prior notice.
3. As a paid member you must provide your billing address of the credit card you are paying with.
4. In case of possible billing errors please notify our billing department by phone or email to billing[at]openoffer.com no longer then 10 days of your statement date. OpenOffer.com™ will review your dispute and will notify you with our decision. Please note, refunds will be issued to the credit card in question. It is not possible to refund to credit cards that are cancelled. All membership fees are final and cancellations of present membership periods are not allowed.
5. Your account will be considered delinquent if you or your credit card company refuses to pay the amount billed/owed to OpenOffer.com™ by the beginning of the next billing cycle.
6. Delinquent and unpaid fees will allow OpenOffer.com™ to terminate, remove or delete your user name and password and block you from accessing or using our site. All fees of delinquent accounts will be due immediately. All delinquent accounts will be assigned to a collection agency. 
   
   
21. As a paid member you agree to our cancellation of membership policy:

All membership fees are paid in advance and therefore cancellation will be effective on the next membership billing cycle period and will not take affect during the remaining of the term you signed for. Cancellation of membership will be your sole responsibility. You must log in to your account and cancel the service you signed for at least 7 days prior to expiration of the membership period.  

22.  Venue.

This ‘User Agreement’ and any other agreement between you and openoffer.com™ is governed by the laws of the State Of California and you hereby consent to the exclusive rights and jurisdiction of the State Of California in San Diego County. Any disputes arising from the use of this site will be resolved in the venue of courts, federal or state, in the State of California in San Diego County. The use of this site in any other States within the United States of America and any other international countries is unauthorized if any of jurisdiction in such State or international country does not give full effect of all provisions,  without any limitations ,of this ‘User Agreement’ including this paragraph.

© Any rights herein not mentioned are reserved.