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Terms of Use

www.OHweekly.com  Website or by updating existing Terms of Use as deemed appropriate.  It is your responsibility to review information posted online and read update notices on any such changes; with your continued use of OHWeekly deemed as your acceptance of any updated Terms of Use.

1. OHWeekly’s Role

OHWeekly 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.  OHWeekly 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 any Realtor/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 OHWeekly.

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 comply with any of the provisions of these Terms of Use.  If we impose restrictions on 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 OHWeekly services is exclusively for your own benefit unless you enter an agreement with OHWeekly which specifically authorizes you to use the Services on behalf of another person.

3. Availability of Services and Mobile Applications

OHWeekly 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.

5. Fees

Certain features of the Services may require fees in order to access.  OHWeekly’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 OHWeekly 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 OHWeekly 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, OHWeekly may discontinue providing any applicable part of the Services.  In the event of non-payment or default, OHWeekly may use a collection process to recover charges and fees.

6. Subscriptions

Some OHWeekly Services might allow for automatically recurring payments/periodic charges.  If you elect to purchase a Subscription Service (the “Subscription Service”), you are authorizing OHWeekly 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 OHWeekly.  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: support@OHweekly.com, or through your settings page for the applicable paid feature.

7. Site Content

The content and information available on OHWeekly is owned by OHWeekly 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

User Generated Content.  OHWeekly disclaims any and all liability connected with User Materials/Content and has no obligation to edit, monitor or control User Content or Materials of any User.  However, we do reserve the right, without prior notice, to remove, block or edit any Content or Materials, which under the sole judgment of OHWeekly, violates our Terms of Use or are in any way objectionable.  When using OH Weekly Services, you acknowledge that you may be exposed to User Content of other Users that could be considered offensive, inaccurate, false or objectionable.  You agree to waive all legal or equitable rights and remedies you may have against OHWeekly with respect to any such offending Content.

9. Use of OH Weekly Announcement Services

If you have utilized OHWeekly Announcement Services in order to staff an open house, you certify that you have obtained all required authorizations from your supervising Broker and/or Manager, and from your client.  OHWeekly; a) does not have any authority, 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; e) does NOT imply or create an employee/employer relationship between the listing Realtor/Broker and 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.

10. Licensing

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 OHWeekly 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, non-exclusive, 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.  OHWeekly 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 for the content of any third party service, website or mobile application to which a link from the Service exists; unless we are the provider of those services, websites or mobile applications.   Any such products, services, linked websites and/or mobile applications are intended for your convenience with no warranty for the information they might provide, expressed or implied.  Links to or from the Service are not an endorsement or recommendation of any third party products, services, website or mobile application.  The terms of use and privacy policies of those third party products, services, websites and/or mobile applications will apply to your use of those products; and any orders you make for goods and services via such products.  If you have any concerns or complaints about linked third party products, services, websites and/or mobile applications, you must direct them to the operator of that product, service, website or mobile application.  If you use a tool that allows for User Information to be transferred, you therefore agree that OHWeekly may transfer the applicable User information to the applicable third-party, which are not under the control of OHWeekly.  OHWeekly is not responsible for any costs or damages connected with or arising out of your use of third party services.

12. Trademarks

OHWeekly names and logos and all related names, service marks, trademarks, design marks and slogans are our trademarks.

13. Intellectual Property Rights

Unless allowed by these Terms of Use, you may not make use of OHWeekly Content 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 OHWeekly 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, OHWeekly 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.

14. DMCA

Notification of Claims of Infringement.  OHWeekly 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.
For copyright related inquiries, including notification of claims of infringement, please contact dmca@OHweekly.com.

15. No Warranties – Limitation of Liability

THE OHWeekly 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, NON-INFRINGEMENT 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.

17. Indemnification

You agree to indemnify and hold OHWeekly 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.

18. Severability

If any of these terms should be deemed to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which they are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, thereby remaining in full force and effect and continuing to be binding and enforceable.

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 of the Service.

20. Choice of Law- Disputes

These Terms of Use may only be modified by a written amendment signed by an authorized executive of OHWeekly or by the posting of a revised version by us.  Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Service will be governed by the laws of the State of Nevada, excluding its conflict of law provisions.  Any dispute or claim arising out of or in connection with these Terms of Use will be subject to the exclusive jurisdiction of the federal and state courts sitting in Clark County, in the State of Nevada.  All dealings, correspondence and contacts between us shall be made or conducted in the English language.  A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.  No waiver shall apply unless in written and duly noticed to the other party.  You may not assign your rights under this Agreement to any party.  We may assign our rights under this Agreement without condition.  This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.