In order to use the Web Site, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this agreement and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this agreement, please do not attempt to access this Web Site.
Opendoor Title grants to you a limited, non-exclusive, non-transferable license to access and use the Web Site in accordance with the terms and conditions set forth in this agreement. Opendoor Title reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Web Site not specifically permitted under this agreement is strictly prohibited.
You agree that you will not: (i) use the Web Site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without Opendoor Title’s express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Web Site; or (iii) use our Web Site in any way that violates the terms of this agreement. The Web Site is owned by Opendoor Title and is protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this agreement is void.
Additionally, You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the Web Site; (c) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (d) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; (f) send chain letters or pyramid schemes via the Web Site; or (g) attempt to gain unauthorized access to other computer systems through the Web Site. You agree that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site.
All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Opendoor Title or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively 'Providers') that have licensed their content or the right to market their products and/or services to Opendoor Title. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. Without the prior written consent of Opendoor Title or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to Opendoor Title that you will not use our Web Site for any purpose that is unlawful or prohibited by the terms and conditions of this agreement, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of terms and conditions of this agreement, your permission to use our Web Site immediately terminates without the necessity of any notice. Opendoor Title retains the right to deny access to anyone at its discretion for any reason, including for violation of the terms and conditions of this agreement. You may not use on y our web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of Opendoor Title.
If you submit to us or post on the Web Site any property listing, testimonial, comment, review, suggestion or any work of authorship (collectively a submission) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any moral rights in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
ALL CONTENT ON THIS WEB SITE IS PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, OPENDOOR TITLE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER OPENDOOR TITLE, I TS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. OPENDOOR TITLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
Opendoor Title makes no representations, warranties or guarantees that use or results of the use of the Web Site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, Opendoor Title may modify, suspend, or discontinue any aspect or feature of this Web Site or your use of this Web Site. If Opendoor Title elects to modify, suspend, or discontinue the Web Site, it will not be liable to you or any third party.
All agreements and forms contained within this Web Site are subject to the possibility of errors, omissions or withdrawal without notice. They are offered with the understanding that Opendoor is not engaged in rendering legal, tax or other professional services and that any agreements or forms you complete should be reviewed by an attorney and/or a tax advisor before being used by you. If legal, tax or other expert assistance is required, including but not limited to the review of these agreements and forms, the services of a competent professional should be sought.
You acknowledge that your submission of any information to us is at your own risk. Opendoor does not assume any liability to you with regard to any loss or liability relating to such information in any way.
Some of the content, products, and services available through the Web Site may include materials that belong to third parties. You acknowledge that Opendoor Title assumes no responsibility for such content, products or services.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT OPENDOOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER OPENDOOR TITLE, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OPENDOOR TITLE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT OPENDOOR TITLE IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OPENDOOR TITLE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Opendoor Title and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation by you of the terms and conditions of this Agreement; (ii) your use or misuse of this Web Site; or (iii) any infringement by you of the copyright or intellectual property rights of any third party.
Opendoor Title requires its users to comply with all applicable laws, including but not limited to, individual state laws with respect to the sale or lease or real property. You agree that you will comply with all such laws applicable to you.
Opendoor Title or its business partners may present advertisements or promotional materials on or through the Web Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Web Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Opendoor Title is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Web Site.
If you know of, or suspect, copyright infringement, please send a notice to Opendoor Title at[email protected]. The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.
This agreement will be governed by the laws of the state of Arizona. The exclusive jurisdiction for any claim, action or dispute with Opendoor Title or relating in any way to your use of the Web Site will be in the state and federal courts of the state of Arizona and the venue for the adjudication or disposition of any such claim, action or dispute will be in Maricopa County, Arizona.
Opendoor Title may send notices to you with respect to your use of the Web Site by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by a posting a note on the Web Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.
If you provide, or have provided, a telephone number to us (either through the Web Site or by other means), you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. You may revoke your consent to be contacted at such number(s) by emailing us at [email protected] or by replying STOP to a text notification. Standard message and data rates may apply.
This Policy explains how we collect, use, disclose, and protect the Personal Information that we collect through our Services, and your choices about the collection and use of such information.
Please note that this Policy does not describe the practices of any other party that may have access to your Personal Information. To the extent that we provide your Personal Information to our agents or service providers, we However, we are not responsible for the practices employed by any third party website that we may link to, nor for the information or content contained therein. We encourage you to review the privacy statements of such other websites to understand their information practices and terms of service.
We collect the following types of information about you:
For purposes of this Policy, “Personal Information” means information that would allow someone to identify or contact you or your computing device. We may ask for certain types of Personal Information, such as your first and last name, phone number and e-mail address when you use our Web Site, register for an Opendoor Title account, or otherwise correspond with us. We also may obtain this and other Personal Information in connection with purchasing, selling, or marketing properties, such as when we make or accept a bid on a property or when we receive a request to visit a property. We may retain any messages you send through the Services, and may collect Personal Information you provide in any user-generated content that you post to the Services or otherwise provide to us (“User Content”).
We use this information to operate, maintain, and provide to you the features and functionality of the Services, as well as to communicate directly with you, such as to send you email messages and push notifications and to permit you to share content with others on the Services. We may also send you Services-related emails or messages (e.g., account verification, order confirmations, change or updates to features of the Services, technical and security notices).
For more information about your communication preferences, see “Your Choices Regarding Your Information” below.
We may collect and analyze aggregate data assembled from Personal Information collected via the Services. Aggregate data is collected in order to better understand the demographics and usage patterns of all users of the Services, so that we can provide the highest level of service to our customers. Such aggregate data generally is not personally identifiable or linked to a specific user.
Our servers may automatically collect certain technical information about your use of the Services, including, without limitation, your browser type, your operating system, Internet Protocol address, bandwidth speed, and information collected through cookies, web beacons, and other technologies (see below for more information about cookies and other tracking technologies). Some technical information may qualify as Personal Information, while other technical information may not be personally identifiable. We generally use technical information for system administration, security and statistical analysis.
Certain mobile devices contain unique identifiers that can be used, for example, to identify the physical location of such devices. Mobile devices also typically transmit caller ID data when used to transmit a telephone call or text message. When you access the Services through a mobile device, we may collect, use, transmit, process and maintain unique identifiers, caller ID data, location-based data, and similar information for various purposes, including to provide the Services you request and to improve your experience with the Services. The Services also may require collection of your mobile phone number in order for you to participate in certain features and that number may be associated with your other Personal Information.
When you first launch any of our mobile applications, you may be asked to consent to the application’s collection of location information. If you consent, information regarding your location may be transmitted to us and/or to third parties in order to provide Services to you. In some circumstances, we may not be able to provide our Services without this location information, which means that you may not be able to use our Services if you do not provide your consent. If you initially consent to our collection of location information and change your mind, you can revoke your consent by changing the preferences on your mobile device. You also may stop our collection of location information by following the standard uninstall process to remove our applications from your device.
We automatically collect certain types of usage information when you visit the Web Site or use our Services. When you use the Services, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer. Cookies uniquely identify your browser and allow us to help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Services (e.g., the pages you view, the links you click, how frequently you access the Services, and other actions you take on the Services), and allow us to track your usage of the Services over time. We also may collect log file information from your browser or mobile device each time you access the Services. Log file information may include anonymous information such as your web request, Internet Protocol address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Services, domain names, landing pages, pages viewed, and other such information. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Services. We also may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Services. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Services.
As discussed above, when you access our Services by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device, mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates, or similar information regarding the location of your mobile device. From time-to-time, we may engage third parties to track and analyze non-personally identifiable usage and volume statistical information from individuals who visit our Services. These third parties may place material on the Services, such as banner ads, that allow the third party’s servers to place cookies in your web browser. Please note that we only can access cookies that we set on your browser, not the cookies sent to you by other companies. However, we may use third-party cookies to track the performance of our own advertisements. The information provided to third parties by means of these third-party cookies does not include Personal Information, but information which we receive from third parties through these cookies may be re-associated with Personal Information after we receive it.
We may use the data collected through cookies, log file, device identifiers, location data and clear gifs to: (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (ii) provide custom, personalized content and information, including advertising; (iii) provide and monitor the effectiveness of our Service; (iv) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service; (v) diagnose or fix technology problems; (vi) otherwise to plan for and enhance our Services; (vii) automatically update our software on your computer or mobile devices; and (viii) for any other lawful purpose.
We may use your Personal Information in order to provide the Services, to deliver advertising content to you, and otherwise for our everyday business purposes, as described above. Note, however, that we also may disclose your Personal Information to third parties in order to provide the Services and for other reasons. Subject to applicable law, the reasons that we may use and disclose your personal information include:
For further information on your choices regarding your information, see the section below called, “Your Choices Regarding Your Information.”
Security: We care about the security of your information and use what we believe to be commercially reasonable safeguards to presedo rve the integrity and security of all Personal Information collected through the Services. For example, we take reasonable steps (such as requesting your email address and password) to verify your identity before granting access to your account.
Please be advised, however, that no security measure, system, or control is infallible. WE ACCORDINGLY DO NOT GUARANTEE THAT INFORMATION ON THE SERVICES MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, DUTIES OR CONDITIONS IN THAT REGARD. If any applicable law imposes on us a duty with respect to these matters that cannot be disclaimed, you acknowledge and agree that our commercially reasonable precautions shall be considered to satisfy that duty unless (and only unless) we have engaged in willful misconduct.
Also note that you have a role in the security of your personal information. For example, you should not provide us with Personal Information that we do not request; you are responsible for controlling access to any personal computing device through which your Personal Information may be stored, accessed, or sent; and you are responsible for safeguarding any passwords or other log-in credentials to may be used to access to your Personal Information.
Your privacy settings may be affected by changes to the functionality of third party sites and services that you add to our Services, such as social networks. We are not responsible for the functionality or security measures of any third party.
Compromise of information: In the event that the security of any Personal Information under our control is compromised, we will take reasonable steps to investigate and mitigate the situation, including, when and where appropriate, by notifying those individuals whose Personal Information may have been compromised and taking other steps in accordance with applicable laws and regulations.
We may provide notifications to you that are required by law or that are for marketing or other business-related purposes. Subject to applicable law, we may provide such notifications to you via email, text message, hard copy, or through conspicuous posting on our Web Sites or otherwise through the Services. We reserve the right to determine the form and means of providing notifications to you.
You control your account information and settings. You may update your account information at any time by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make reasonable efforts to promptly process all unsubscribe requests. As noted above, you may not opt out of Services-related informational communications. If you have any questions about reviewing or modifying your account information, you can contact us directly at [email protected].
If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at [email protected].
To learn more about cookies, clear gifs/web beacons and related technologies, you also may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, located at http://www.networkadvertising.org. Although such information should be helpful, we do not control or guarantee its accuracy or that it will be effective with respect to all information gathering tools or in all circumstances.
Following termination or deactivation of your account, we may retain your profile information and User Content for a commercially reasonable time for backup, archival, or audit purposes.
Opendoor Title does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Services are not directed at children under the age of 13. In the event that we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any Personal Information from or about a child under 13, please contact us at [email protected].
To the extent not prohibited by law, any amendment or update to this Policy will apply to Personal Information that we already have collected and to any Personal Information that we subsequently may obtain. When required by applicable law, however, we may provide you with advance notice of any changes to this Policy and with an opportunity to object to such changes. If you exercise your right to object, the changes will not become effective with respect to your Personal Information, but your ability to use our Services may be terminated or impaired. We will explicitly notify you of the consequences of objection or non-objection to the extent and in the manner required by law.
This Policy was last modified on August 3, 2017.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY OPENDOOR TITLE