Welcome to OH Weekly (OHweekly.com). We thank you for your interest. When you register for a new account, or otherwise make use of OH Weekly website (the "Website"), and/or related mobile applications, along with any publicly available versions that are offered through distribution and/or co-branding partners, plus any networks or other services (collectively
1. OH Weekly's Role
OH Weekly is a business-2-business announcement and invitation product/service/tool for Real Estate Agents and Real Estate Brokers. We do not broker, list, sell, lease or own any real estate and are not a party to any real estate transaction between Buyers/Sellers/Realtors or any other individual or entity.
OH Weekly does not execute any transaction documents on behalf of real estate Buyers and Sellers, nor do we guarantee scheduling or insure any open house between any Buyer/Seller and anyRealtor/Broker. We assume no responsibility for actions or inactions taken by consumers, Realtors, or other entities and individuals based on these Services; or information obtained in connection or through the Services. Open house staffing announcements and open house information listed within the Services are subject to change at the discretion of the property listing Realtor or Broker, without notice, and are not under the control of OH Weekly.
2. Eligibility, Registration & Accounts
You must be at least eighteen (18) years of age in order to purchase products or services from this Service. By using the Services, you warrant; a) that you meet the age requirement for the Services, b) you have not been previously suspended or removed from the Services, and c) your use of the Services is in compliance with all applicable laws and regulations. Most features of the Services require registration and the creation of an account, which requires you to create a password. Your password and account confidentiality is your responsibility, and sharing your account with others is prohibited.
We reserve the right to disable any user password or identification code if you fail to
you personally through account or IP address, you must not attempt to use the Services under any other name or alternate user or on any other device. You are solely responsible for any and all activity taken in relation to your account. You may be asked to provide information about yourself including but not limited to phone, email address and other contact information. Your membership requires that the information you provide is accurate and that you will keep it updated for the term of your registration and membership. The use of OH Weekly services is exclusively for your own benefit unless you enter an agreement with OH Weekly which specifically authorizes you to use the Services on behalf of another person.
3. Availability of Services and Mobile Applications
OH Weekly makes no guarantee that your access to the Services will be timely,
uninterrupted or error-free. From time-to-time, we may carry out repairs, maintenance and/or introduce new functions, upgrades etc. When doing so, access to the Services may be suspended or withdrawn without notice. We do not guarantee that the Services will be compatible with all mobile devices, hardware and software which you might use. We are not liable for damage to, or viruses or other code that may affect any equipment, software, mobile device, data or other property as a result of your use of the Services, or downloading and/or installation of the Services. Nor are we liable for the actions of third parties. Services may be altered, changed or discontinued without notice to you. We make no representation or warranty that information and materials on the Services are correct, complete, accurate or up-to-date. This shall not affect any contractual obligation we may have with you to provide you with products under applicable laws.
4. Prohibited Use
You shall not use the Services or submit to us or any User of the Services anything which
in any manner:
- is inaccurate, misleading or out-of-date;
- is criminal, fraudulent, or unlawful;
- is detrimental to our interests;
- accesses or uses the Services to develop competitive products;
- misrepresents a relationship or impersonates another person or entity;
- is in conflict with any specific rule or requirement within the Services in relation to a particular portion of the Service or the Services generally;
- involves use, delivery or transmission of any viruses, unsolicited emails, back doors,worms, time bombs, cancel bots, trojans or computer programming functions that are intended to interfere with, intercept, damage or expropriate any system, data or information;
- is racist, sexist, discriminatory, offensive, obscene, indecent, pornographic, vulgar,
harmful, harassing, threatening, malicious, abusive, defamatory, untrue or political; is in breach of any law, statute and/or regulation of any applicable jurisdiction;
- infringes upon or breaches the copyright, trademark, patent or any intellectual property rights or privacy or other rights of us or any third party;
- assists, encourages or supports any third party to perform any of the above.
Certain features of the Services may require fees in order to access. OH Weekly's
authorized third-party payment processor will charge the payment method specified at the time of purchase. When you select the appropriate payment method, you authorize us to charge all fees required for the applicable Services. If you choose to pay fees with a credit card, OH Weekly will seek pre-authorization of such credit card to verify the card is valid and has the necessary funds available to cover your purchase. All such fees are in U.S. dollars and are non-refundable. In addition, you agree that you are responsible for charges and fees arising from orders originating from your devices using OH Weekly Services, whether or not you consented to the order or the use of your device, whether or not you had knowledge of the order, and whether or not the order was made in error.
You agree that OH Weekly will charge your credit/debit card/bank instrument, and bill you for charges and fees associated with the order. In instances where OH Weekly changes or adds fees for all or part of the Services, we will provide you advance notice of such changes. If you do not accept the changes, OH Weekly may discontinue providing any applicable part of the Services. In the event of non-payment or default, OH Weekly may use a collection process to recover charges and fees.
Some OH Weekly Services might allow for automatically recurring payments/ periodic charges. If you elect to purchase a Subscription Service (the "Subscription Service"), you are authorizing OH Weekly to periodically charge all accrued sums, on or during the grace period; as the payment due for such accrued sums. This shall occur on an ongoing manner until cancellation of either the automatically recurring payments or of your account. Your subscription shall continue unless you cancel it or it is terminated by OH
Weekly. All Subscriptions must be cancelled before renewal to avoid billing for the next periodic Subscription of the account. You may cancel a Subscription Service by
contacting us at: service@OHweekly.com, or through your settings page for the
applicable paid feature.
7. Site Content
The content and information available on OH Weekly is owned by OH Weekly and/or its affiliates, and/or respective suppliers and licensors (collectively "Licensors"), is intended for individual, personal and noncommercial use only, and is protected by applicable intellectual property laws. The Content may not be published, distributed, modified, reproduced, displayed, sold, licensed, integrated, re-posted, derivative work created from, or in any manner used for these or any other purpose without prior written consent of OHWeekly. All requests regarding use of the Content for purposes other than outlined may be addressed to info@OHweekly.com.
8. UGC Disclaimer
9. Use of OH Weekly Announcement Services
If you have utilized OH Weekly Announcement Services in order to staff an open house,you certify that you have obtained all required authorizations from your supervisingBroker and/or Manager, and from your client. OH Weekly; a) does not have anyauthority, nor does it participate, in the selection of an open house staffing Agent/Realtor;
b) does not provide staffing personnel for open house listings; c) does not play any role in the staffing permission process between the listing Realtor/Broker and the open house Seller; d) does not warrant compliance with any licensing regulations, punctuality, presentation, reliability or any other aspect regarding the staffing Agent/Realtor. Our role is strictly limited to providing the tools for the listing Realtor/Broker and a potential staffing Agent/Realtor to initiate contact.
It is possible you may generate content, including but not limited to photos taken or
licensed by you and posted on the Website, and comments made by you and posted on the Website ("Content"), when using the Service. For all User Content, you represent that you are the creator and owner of said Content, or have the necessary licenses, consents, rights and permissions required under intellectual property and privacy law, to authorize OH Weekly and its users to access and use your User Content in compliance with the licenses granted to you. Content not shared publicly will not be displayed, distributed or reproduced unless authorized by you. You hereby grant a worldwide, nonexclusive, fully paid, royalty-free, limited license to use, modify, add to, delete from, publicly display and/or reproduce any Content created and intended by you for public display. This shall include distributing part or all through any media channels or in any media formats, provided such use does not materially change the Content. OH Weekly may remove or modify your Content at any time.
11. Third Party Services and Websites
We assume no responsibility or liability for any third party product or service on our
Services; including and without limitation the suitability, reliability or accuracy of said
products or services. In addition, we have no control over and accept no responsibility
OH Weekly names and logos and all related names, service marks, trademarks, design marks and slogans are our trademarks.
13. Intellectual Property Rights
and Materials. All data, code, user interfaces, design, information, content, products,
software, graphics and other components of the Services provided by OH Weekly are protected by intellectual property rights along with other laws and are the sole property of OH Weekly or our third-party licensors. Additionally, third-party services and products contained within the Service may include the trademarks of their respective owners. In each case, all rights not granted herein are reserved. Regarding rights to the images and descriptions of real estate listings provided via the Services, OH Weekly asserts nor grants any copyright. Use of such is subject to the copyright owner's authorization. You may not use any part of the materials on the Service for any purpose without obtaining a license or written consent to do so from us, our partners, affiliates or licensors.
Notification of Claims of Infringement. OH Weekly respects the rights of copyright
holders and has a policy providing for the removal of Content from this Service under specific circumstances. If you believe that your work has been reproduced in a manner that constitutes copyright infringement, please provide us with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the material which is claimed to be infringing or to be the subject of infringing activity, along with information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to allow us to contact the complaining party
(address, telephone number and email);
- A statement that the complaining party believes in good faith that use of the material is unauthorized; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed upon.
THE OH Weekly SERVICE IS AVAILABLE "AS IS," AND "AS AVAILABLE."
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS,
EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, USE OF PRODUCTS,
SERVICES OR ADVERTISEMENTS ON THE SERVICES, INCLUDING, WITHOUT
LIMITATION; IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE HAVE NO DUTY TO UPDATE OR MODIFY THE SERVICE. WE DO NOT WARRANT USE
OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS
WILL BE DISCOVERED OR CORRECTED. IN NO EVENT, UNDER NO LEGAL
OR EQUITABLE THEORY, WHETHER TORT, CONTRACT, STRICT LIABILITY
OR OTHERWISE, SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS , AGENTS, PARTNERS OR AFFILIATES, BE LIABLE
HEREUNDER OR OTHERWISE FOR LOSS OR DAMAGE OF ANY KIND, DIRECT
OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SERVICE, THE
USE OF THE SERVICE OR OUR AGREEMENT WITH YOU REGARDING THE
SERVICE, INCLUDING, BUT NOT LIMITED TO INCIDENTAL, INDIRECT,
DIRECT, COMPENSATORY, CONSEQUENTIAL, SPECIAL OR PUNITIVE
DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF
DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER
FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE
ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR
ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN
EXCESS OF ONE HUNDRED FIFTY DOLLARS (US $150.00). SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY
LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR
RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM
DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT,
AT LAW AND/OR IN EQUITY. THE SERVICE WOULD NOT BE PROVIDED TO
YOU WITHOUT SUCH LIMITATIONS.
16. Your Representations
You represent and warrant that your use of the Service will be in strict accordance with this Agreement and with any applicable laws and regulations, including and without limitation any local laws or regulations in your country, state, county, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States of America or the country in which you reside, and your use of the Service will not infringe or misappropriate any intellectual property rights of any third party.
You agree to indemnify and hold OH Weekly and each of our affiliates, successors and assigns, and their respective officers, directors, employees, partners, agents,
representatives, licensors, advertisers, suppliers, and operational service providers
harmless from and against any and all losses, expenses, damages, costs and expenses, including attorney fees, resulting from your use of the Service and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defence and control of any demand, claim or action arising herein or in connection with the Service and all negotiations for compromise or settlement. You agree to fully cooperate with us, as requested by us, in the defence of any such demand, claim, action, settlement or compromise negotiations.
19. Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may
contact the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive additional information regarding use ofthe Service.
20. Choice of Law- Disputes