By submitting our application, you certify that all information herein is true and complete. You authorize OpenForHomes.com and/or our agents/affiliates to obtain any and all credit information from any sources deemed appropriate. By using OpenForHomes.com and/or our agents/affiliates to communicate with you by phone, email, text or any social media platforms. You can withdraw your consent at any time by notifying us or by using the unsubscribe option on any of our electronic messages. You authorize OpenForHomes.com and/or our agents/affiliates to provide reports on the status of your application, including information concerning whether you pre-qualify for a loan or not, which lender’s loan offer (if any) you choose to accept, whether your application for credit is denied, and whether you accept a loan from that lender. You authorize OpenForHomes.com and/or our agents/affiliates to communicate with you by email. You authorize OpenForHomes.com to sell to one or more person or organization, car dealerships any or all of which may conduct independent searches in relation to your Personal Information, including social security number. You authorize OpenForHomes.com and/or our agents/affiliates sell and/or otherwise disclose this Personal information to other wholesale lead providers or motor vehicle dealerships which may be able to assist you in purchasing a vehicle.
By accessing or using the Site and Services, you are expressly accepting these Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.
1. License to Access and Use.
- (a) You may access and use this Site only for your personal use (or, if accessing the Site on behalf of a company or other entity, only such entity’s own internal use). Any other access to or use of the Site or the Content (as defined below) constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.
- (b) You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.
- (c) You may only access and use this Site if you are over the age of 18. By accessing and using this Site, you represent and warrant to us that you are over the age of 18.
- (d) You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
- (a) All content included on or comprising the Site and the web, apps, mobile web, and web apps, and information submission forms accessed through any of the foregoing (the “Forms“), including, but not limited to, all text, images, information, data, graphs, typefaces, graphics, layout, html code, and other material (collectively “Content“) is protected by copyright, trademark, patent or other proprietary rights in all forms, media and technologies existing now or developed in the future. You understand and agree that Company, its licensors and/or its content providers own all right, title, and interest in and to the Site and all of the Content. You further acknowledge and agree that the Content constitutes valuable intellectual property and proprietary information of Company, its licensors and/or content providers that is protected by applicable laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content.
- (b) Except as may be expressly authorized in these Terms or otherwise authorized by Company in advance in writing, you may not copy, modify, remove, delete, augment, add to, publish, publicly display, publicly perform, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit, any of the Content, in whole or in part.
- (c) The Company trade name, trademarks, logos (collectively, “Trademarks“) and any third-party trademarks displayed on the Site or in the Content are the property of Company or their respective owners and may not be reproduced, copied, or manipulated in any manner without the express, written approval of Company or the applicable trademark owner.
3. Termination of Access.
- (a) We reserve the right, in our sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and us, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
- (b) Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, we will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
4. User Conduct.
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, neither you nor any company on whose behalf you access and use the Site may cause or permit any person to do any of the following:
- (a.i) use the Site or Content for any unlawful purpose;
- (a.ii) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- (a.iii) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
- (a.iv) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, infringing, or otherwise objectionable information of any kind;
- (a.v) use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the intellectual property or other rights of others; or
- (a.vi) use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
- (a) This Site may include hyperlinks to other websites which are not maintained by Company. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Company of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and we will have no liability for any loss or damage arising from your access or use of any external website. Since we are not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
- (b) Images of the Company logo can only be used to link to the Site; no other use of the Company logo or any other Trademarks can be made without our express prior written permission. The nature and style of any use of the Company logo or any other Trademarks also must be approved by Company in writing. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that Company approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on or any policies governing access to or use of your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
- (c) We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the Company logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the Company logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.
THE USE OF THIS SITE BY YOU AND YOUR COMPANY IS AT YOUR AND ITS SOLE RISK. THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND WE (AND OUR ADVERTISERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR ADVERTISERS) MAKE NO WARRANTY THAT THE SITE, CONTENT OR ANY SERVICES ACCESSIBLE THROUGH THE SITE: (A) WILL MEET YOUR REQUIREMENTS OR OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, CURRENT, COMPLETE, SAFE OR OF ANY PARTICULAR VALUE; (D) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (E) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, OUR “REPRESENTATIVES“) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE OR THE CONTENT; (B) OUR PERFORMANCE OF OR FAILURE TO PERFORM OUR OBLIGATIONS IN CONNECTION WITH THESE TERMS; OR (C) YOUR PURCHASE OR USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES.
IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF COMPANY AND THE REPRESENTATIVES WILL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR REPRESENTATIVES’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50).
You agree to indemnify and hold harmless Company and its officers, managers, members, employees, agents, representatives, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, successors and assigns, or the like (collectively, the “Indemnified Parties“) from (a) any breach of these Terms by you, including any use of the Content or the Trademarks, and/or (b) your violation of any applicable local, state or federal ordinance, law or regulation. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and reasonable attorneys’ fees, of the Indemnified Parties in connection therewith. You also agree to indemnify and hold harmless the Indemnified Parties from and against any claims brought by third parties arising out of your use of the information accessed from the Site or Forms. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.
10. Governing Law.
The Site and Forms are created, owned and operated by Company with its principal place of business in the State of Texas. As such, these Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Chicago, Illinois, and you hereby irrevocably submit to the personal jurisdiction of such courts. Any provision of these Terms that is determined for any reason to be unlawful, invalid, void, or for any reason unenforceable, shall not affect any other portion of these Terms.
- (b) Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
- (c) Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
- (d) These Terms do not confer any rights, remedies, or benefits upon any person other than you.
- (e) We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
- (f) Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
- (g) If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
- (h) Possible evidence of use of the Site, the Trademarks or any Content for illegal purposes will be provided to law enforcement authorities.
- (i) Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.
- (j) The information on vehicles provided in this service is supplied by the seller or other third parties; Our site is not responsible for the accuracy of such information. Our site provides this service and materials without representations or warranties of any kind, either expressed or implied. Prices do not include additional fees such as government fees and taxes, title and registration fees, finance charges, dealer document preparation fees, and emission testing. Read our terms of service for more details.
- (k) Vehicles shown in advertisements may not be available in all areas. Prices and loan terms may vary. Loan calculations are intended to provide approximate information about your loan payments and do not constitute an offer to extend credit. Your actual payment information may vary. Prices do not include applicable local taxes and license fees. Other conditions may apply. Not all applicants will qualify. Monthly payment values on vehicle listings are a calculated estimation based on 3.9% interest, 60 month financing, and 20% down payment. Tax, tags, title, administration fees, and license fees are not included in price or payment. Subject to approved buyer credit. Actual purchase terms may vary. Payment calculations are sourced by OpenForHomes.com and may not reflect actual dealer financing terms.
12. Other Agreements.
If you have entered into a separate written agreement with Company with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Site or these Terms at contact@OpenForHomes.com.