ENGLISH
ACCEPTANCE OF CONTRACT TERMS
The goal of the Site is to provide a marketplace for customers, buyers, and sellers to connect and interact with residential real estate service providers, including but not limited to REALTORS, Real Estate Brokers, Mortgage Brokers and Lenders, Property Inspection Companies and Title Companies. To promote a safe, non-offensive environment for all visitors to the Site, we have established these terms of use (“Terms of Use”).
In exchange for using the Site, you agree to be bound exclusively by these terms of use and to comply with all applicable laws and regulations. You represent you have the legal authority to accept these Site Terms of Use on behalf of yourself or any party you represent. If any provision of these Site Terms of Use is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Site Terms of Use.
If you do not agree to these terms, please do not use the Site.
The Site is controlled and operated in whole or in part by OwnEZ, Inc. BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF INDIANA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION RELATING IN ANY WAY TO THE USE OF THE SITE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN INDIANA, U.S.A. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. We make no representation that the Content in the Site is appropriate or available for use in other locations or that access to it from outside the U.S.A. is legal.
As a condition of your use of the Site, you warrant to OwnEZ that you will not use the Site for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein or that harms OwnEZ, its shareholders, officers, directors, employees, representatives, agents, associated service providers, suppliers or any other user.
You agree not to use the Site in any way that violates any other online policies or notices posted on this Site. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Site or any of its third party connections. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. You agree not to provide, post or authorize a link to the Site, including but not limited to your page, from a third party website that is not a real estate related website owned or operated by a real estate or lending professional or institution.
You shall not, at any time, (a) reverse engineer, decompile or disassemble any portion of the Site or tamper in any way with the operation of the Site, or (b) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, cancelbots or any similar device that may impair, damage, or interfere with the proper working order of the Site. You acknowledge that we reserve the right in its sole discretion to refuse or terminate access to the Site by you at any time.
RESTRICTIONS ON USE
The Site may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. The commercial use of real estate and lending professionals is limited to providing information and services to consumers via the Site or, where authorized, taking actions on behalf of a consumer client.
REVISIONS
The effective date of the following Terms of Use is December 9, 2016. Each time you use the Site, the current version of the policy will apply. Accordingly, when you use the Site, you should check the date of this policy and review any changes since the last version. OwnEZ reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to the Site. Your continued use of the Site after the effectiveness of such changes will constitute your acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. We may alter, suspend or discontinue the Site at any time to you and/or to others, without notice.
SUBMISSIONS OF INFORMATION
Do not send any confidential or proprietary information to OwnEZ through the Site. Any information you do send to us through the Site will be deemed “NOT” confidential. For any non-confidential information you do send, you hereby grant OwnEZ an irrevocable, perpetual, unrestricted, royalty-free, worldwide license to (a) use, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your posted or provided materials in connection with the Site or in any other media, and (b) sublicense these rights, to the maximum extent permitted by law. Your personally identifiable information you submit to us shall be treated in accordance with our Privacy Policy. You agree to assume the security risk for any information you provide using the Site.
If you choose to contact a third party disclosed through the Site by filling out a contact or other request form on or through the Site, you authorize OwnEZ to provide your name and contact information and other identifying information you provide to the applicable third party. You acknowledge that by submitting your contact request or other request form on the Site or by electing to request the services of a third party through the Site, you may receive telemarketing calls from or on behalf of the third party at the telephone number(s) you provided.
If you elect to participate in the OwnEz program to and/or through the use of this Site, you authorize OwnEZ to collect certain personal identifying information, including but not limited to the completion of a residential loan application, to provide to a participating third party licensed loan officer for analysis and pre-qualification determination. You understand and acknowledge that any pre-qualification and financing terms presented by OwnEz are non-binding and may be based upon certain assumptions. You understand and acknowledge that approval standards are established and maintained by third party lenders and that OwnEZ has no control or input into any lender’s financing approval standards. OwnEZ has made no promises or guarantees as to your approval or ability to secure a loan through any third party lenders associated with this Site. Nothing contained in or though the Site is an offer to lend or a commitment for a loan.
The third party lenders participating on the Site are solely responsible for their services to consumers. OwnEZ shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumer’s use of the Site or the services offered by the third party lenders. OwnEZ is not responsible for any errors or delays caused by consumers or any lenders in the loan process. OwnEZ reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any third party lender or other user from using or participating, linking or otherwise accessing the Site offered by OwnEZ.
THIRD PARTY REFERENCES / LINKS TO OTHER WEBSITES
We are not responsible for the practices employed by websites linked to or from our Site or any services, including the information or content contained therein (collectively “Third Party Sites”). Please remember that when you use a link to go from our Site to a Third Party Site, our Terms of Use are no longer in effect. Your browsing and interaction on any Third Party Site, including those that have a link on our Site, is subject to that Third Party Site’s rules and policies. Please read over those rules and policies before proceeding, as these websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under the control of OwnEZ, and you acknowledge that OwnEZ makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. We are not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such websites, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the website by or any association with its operators.
THIRD PARTY LINKS, TEXT AND IMAGE ADS ON SITE / AFFILIATE DISCLOSURE STATEMENT
To help defray Site operating costs, please be advised that OwnEZ may be compensated a third party fee finder to connect customers, buyers, and sellers in the marketplace. In accordance with the Federal Trade Commission of the United States, please also be advised that some of the links, text and image ads contained on this Site may be linked to third party merchant products and/or services for monetization purposes. This means when you click on the links, text and image ads to various third party merchant products and/or services on this Site and make a purchase, this can result in a commission that is credited to this Site as an affiliate. OwnEZ may or may not have a relationship with certain third party merchant products and/or services on this Site. Any opinions that may be expressed on the Site may solely be those of OwnEZ and should not be construed as the opinions of nor reflect the view of any third party merchants with which OwnEZ is affiliated. OwnEZ STRONGLY RECOMMENDS and encourages you to conduct your own research and exercise due diligence as to any third party merchants products and/or services on this Site.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNIFY
OWNEZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, OWNEZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ERROR-FREE, TIMELY OR UNINTERRUPTED USE, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. UNDER NO CIRCUMSTANCES SHALL OWNEZ, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, ORDINARY, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT, AND EVEN IF OWNEZ HAS BEEN ADVISED OF THE POSSIBLITY OF THE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU ASSUME ALL RIGHTS AND LIABILITY FOR RESULTS OBTAINED BY THE USE OR IMPLEMENTATION OF THE SITE, WHETHER SUCH RESULTS ARE USED SINGLY OR IN COMBINATIONS WITH OTHER HARDWARE, SOFTWARE OR PRODUCTS. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY OWNEZ, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM AND AGAINST ALL CLAIMS, JUDGMENTS, EXPENSES, AND LOSSES. FINES, LIABILITIES AND ATTORNEYS’ FEES AND COSTS, AS INCURRED, ARISING FROM OR RELATED IN ANY WAY TO A BREACH OF CONTRACT OR OTHER CLAIM MADE BY YOU AGAINST ANY THIRD PARTY, YOUR USE OF AND RESULTS FROM THE USE OF THE SITE, BODILY INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY BY YOU, YOUR NEGLIGENT OR WILLFUL ACT OR ANY BREACH HEREOF BY YOU.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and OwnEz with respect to this Site and supersedes all prior or contemporaneous communications between you and OwnEZ with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between you and OwnEZ with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and OwnEZ with respect to the Site. No later terms sent by you shall be of any effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You agree to use the Site in accordance with all terms, conditions and use stated herein.
TRADEMARKS AND SERVICE MARKS
OwnEZTM and marks shown with an ® or TM are owned by OwnEZ, Inc. or their respective owners, and may registered with the U.S. Patent and Trademark Office. Other trademarks, such as product and service names, found on the Site are owned by OwnEZ, Inc. or by third parties. No OwnEZ trademark or service mark may be used as a hyperlink or otherwise, including but not limited to for advertising or promotion purposes, without OwnEZ’s prior written permission.
CONTACT OWNEZ
If you have questions or comments about our Terms of Use or any other aspect of the Site, including any services that may be provided, please feel free to contact us by email at [email protected].
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