1. Acceptance of These Terms
These Terms of Use (“Terms”) form a binding agreement between you and Open House Visitors, LLC (“Open House Visitors,” “OHV,” “we,” “us,” or “our”) governing your access to and use of our websites, applications, open-house registration pages, dashboards, QR-code experiences, Safety First features, communications, integrations, and related services (collectively, the “Services”).
“User” means any person or entity accessing or using the Services. A “Visitor” is an individual who registers for, attends, or interacts with an open house through the Services. A “Professional User” includes a real estate agent, REALTOR®, broker, team member, team lead, brokerage administrator, or other real-estate professional using the Services professionally. A “Business User” includes an advertiser, sponsor, lender representative, marketer, or other business using a commercial feature. An “Account User” is any person with a registered OHV account.
By accessing or using the Services through a process that presents these Terms for acceptance, you agree to these Terms. Registered Professional and Business Users may be required to affirmatively accept these Terms through clickwrap or another affirmative mechanism. If you use the Services for an organization, you represent that you have authority to act for and, where applicable, bind that organization.
Acceptance of these Terms or acknowledgment of our Privacy Policy does not constitute consent to any optional marketing or third-party program, including optional E Mortgage Capital, Inc. (“EMC”) consent.
2. Eligibility
The Services are intended for independent use only by persons who are at least 18 years old and have legal capacity to enter into a binding agreement. You represent that you satisfy these requirements and are not prohibited by applicable law from using the Services. If you act for a brokerage, team, company, or other organization, you represent that you have appropriate authority to do so.
OHV does not require an ordinary Visitor to submit a date of birth or government identification merely to establish age. OHV may restrict or terminate access when it reasonably believes eligibility requirements have been violated.
3. Nature of the Services; No Professional Relationship
OHV provides technology for open-house administration, visitor registration, communications, lead management, integrations, and related functionality. Through the Services, OHV is not acting as a real estate broker or agent, mortgage lender, mortgage broker, loan originator, underwriter, title company, escrow company, insurance or home-warranty provider, attorney, accountant, tax or financial adviser, property manager, security company, identity-verification service, or background-screening provider.
Use of the Services does not by itself create a brokerage, agency, fiduciary, employment, partnership, joint venture, franchise, lending, escrow, title, or professional-adviser relationship between OHV and a User. OHV does not guarantee the condition, ownership, value, legality, availability, accuracy, or safety of a property or the identity, intentions, qualifications, honesty, creditworthiness, background, or conduct of any person.
4. Safety First and Physical Property Access
Safety First is a supplemental technology feature. When used for phone verification, it confirms access at that time to the mobile number supplied. It is not identity verification, a government-ID check, criminal or background screening, a determination that a person is safe, or a guarantee of personal or property security.
The hosting Professional User and/or other authorized property party remains responsible for deciding whether and how to admit a Visitor and for reasonable procedures concerning physical access, keys, lockboxes, alarms, valuables, occupants, pets, supervision, emergency procedures, and property security. The Services do not replace independent judgment, brokerage safety procedures, or other precautions appropriate to an open house.
Completing registration or Safety First verification does not create a right to enter or remain at a property. Authorized parties may control access subject to applicable law, including fair-housing and anti-discrimination requirements.
5. Professional User Responsibilities
Professional Users represent and warrant, where applicable, that they hold all legally required licenses and authorizations; are properly affiliated with and authorized by the brokerage or team they identify; have authority to create, host, or manage the open houses they place on the Services; and have sufficient rights to property information, photographs, logos, branding, and other materials they submit.
Professional Users are responsible for compliance with applicable real-estate, advertising, fair-housing, privacy, telemarketing, email, SMS, consumer-protection, brokerage, MLS, association, and other requirements applicable to their activities. OHV may provide compliance-oriented functionality, but OHV does not supervise a Professional User’s real-estate activities or represent that a particular use of a feature satisfies every legal, MLS, association, brokerage, or professional obligation.
6. Accounts and Security
Account Users must provide reasonably accurate information and keep it current, maintain the confidentiality of their credentials, use only authorized accounts, avoid credential sharing, use multi-factor authentication when required, and promptly notify OHV of suspected compromise or unauthorized access.
Users must take reasonable steps to protect Visitor information exported or downloaded from the Services. Users are responsible for account activity to the extent resulting from their acts, omissions, credential sharing, failure to maintain reasonable account security, or authorization of another person’s access. OHV may temporarily restrict or lock access when reasonably necessary to investigate or prevent unauthorized access, fraud, abuse, or security threats.
7. Visitor Information and Permitted Lead Use
Authorized Professional Users, teams, and brokerages may use legitimate Visitor leads for lawful real-estate-related follow-up and may export authorized leads to their own CRM, subject to applicable consent, privacy, communications, advertising, brokerage, and other legal requirements.
Users may not sell, rent, license, harvest, scrape, publish, or commercially distribute identifiable Visitor lists obtained through OHV; access Visitor information they are not authorized to access; disclose Visitor information to unrelated third parties for independent marketing without appropriate authorization or lawful basis; build unauthorized databases from OHV Visitor information; or use Visitor information for spam, harassment, fraud, unlawful discrimination, or unrelated solicitation.
Users may not upload identifiable OHV Visitor information to advertising, customer-match, custom-audience, lookalike, or similar platforms merely because an individual signed into an open house. Visitor information may not be used for unrelated background checks, employment, insurance, credit, tenant screening, or similar eligibility decisions unless independently authorized and lawful.
Serious misuse of Visitor information may result in immediate restriction, suspension, or termination.
8. Visitor Representations
Visitors agree to provide information that is accurate to the best of their knowledge. A Visitor may not intentionally impersonate another person, submit another person’s contact information without authorization, submit deliberately false or misleading information, manipulate or circumvent OTP or Safety First processes, use automated or fraudulent registrations, or use the Services to harass others.
OHV may investigate, flag, restrict, block, or remove registrations or accounts it reasonably believes are fraudulent, abusive, malicious, or unauthorized. Visitor information is primarily user-supplied. OHV does not warrant the identity of a Visitor or the accuracy, completeness, authenticity, intentions, background, or conduct of any person merely because registration or phone verification was completed.
9. Fair Housing and Non-Discrimination
Users may not use the Services, Visitor information, or Safety First to unlawfully discriminate, steer, discourage, exclude, prioritize, or profile people based on a legally protected characteristic.
Visitor responses, including buying/selling intent, “Just Browsing” status, REALTOR® or agent status, and Safety First verification status, are not OHV determinations that a person is financially qualified, serious, trustworthy, safe, or entitled to housing. OHV does not make housing, mortgage, credit, or similar eligibility decisions.
10. Limited License; OHV Intellectual Property
Subject to these Terms, OHV grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Services for authorized purposes.
OHV and its licensors retain all rights in the Services and associated intellectual property, including software, source and object code, architecture, database structure, user interfaces, designs, workflows, documentation, original content, graphics, templates, trademarks, branding, Safety First branding and proprietary functionality, QR-code templates, APIs, integrations, and improvements.
Except to the extent a restriction is prohibited by applicable law, Users may not copy or reproduce substantial portions of the Services; reverse engineer, decompile, or disassemble them; attempt to discover source code; clone protected interfaces or proprietary functionality; circumvent security or access controls; scrape or systematically extract platform data; use unauthorized bots or automated tools; probe security without written authorization; remove proprietary notices; or use non-public OHV technology, information, documentation, or access to develop or assist a competing product or service.
11. User Content
Users retain ownership of content they submit, including authorized photographs, headshots, logos, property information, listing content, and branding. By submitting content, a User grants OHV a non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, technically modify, transmit, display, secure, maintain, and otherwise process that content as reasonably necessary to provide, maintain, secure, and improve the Services.
Users represent that they own or have sufficient rights, licenses, permissions, and authority for content they submit. The standard service license does not automatically authorize OHV to use a User’s property photographs, headshot, or brokerage branding in unrelated OHV advertising without appropriate permission.
OHV may investigate, reject, restrict, disable, or remove content it reasonably believes violates law or these Terms, infringes rights, is fraudulent or materially misleading, contains malware, creates a security risk, or creates material legal or operational risk. OHV does not undertake a general contractual obligation to proactively review or verify every item submitted by Users.
12. Feedback
If you voluntarily provide feedback, suggestions, feature requests, ideas, recommendations, or other product feedback concerning the Services, you grant OHV the right to use, develop, reproduce, modify, disclose, incorporate, and commercialize that feedback without restriction, attribution, or compensation, unless OHV expressly agrees otherwise in writing. This does not transfer ownership of your pre-existing intellectual property and does not override a separate written confidentiality agreement.
13. Prohibited Conduct
In addition to other restrictions in these Terms, you may not use or assist another person in using the Services to: violate law; discriminate unlawfully; harass, threaten, stalk, defraud, or impersonate; send unlawful spam or marketing; access accounts, teams, open houses, or records without authorization; harvest or misuse Visitor information; circumvent authentication, MFA, OTP, CAPTCHA, rate limits, subscriptions, or technical controls; introduce malware or harmful code; disrupt or overload the Services; obtain another person’s credentials or security information; abuse SMS, email, QR, API, CRM, integration, or notification functionality; infringe intellectual-property or privacy rights; misrepresent affiliation or endorsement; misrepresent Safety First; or facilitate conduct that would violate these Terms if performed directly.
OHV may take proportionate protective measures, including restricting functionality, disabling integrations, blocking access, removing content, suspending accounts, or terminating access. OHV may act immediately where reasonably necessary to address security threats, fraud, Visitor-data misuse, unlawful activity, or material threats to the Services.
14. Third-Party Services and Integrations
The Services may rely on or integrate with independent third-party providers, including providers of hosting, databases, communications, security, address functionality, analytics, CRM connectivity, and other technology.
When an authorized User intentionally configures or requests an integration, the User authorizes OHV to transmit information reasonably necessary to perform that requested integration. The User is responsible for having authority to send information to the selected destination.
Third-party providers may have their own terms, privacy practices, security, pricing, and functionality. OHV does not guarantee continued availability, compatibility, delivery, security, policies, or performance of independent third-party services, and may add, modify, replace, restrict, or discontinue integrations. Enabling one integration does not authorize unrelated data sharing.
15. EMC Mortgage Sponsorship and Optional Consent
E Mortgage Capital, Inc. (“EMC”) may appear on the Services as an independent mortgage provider and fixed advertising or sponsorship partner. OHV may receive fixed advertising or sponsorship compensation from EMC that is not based on an individual Visitor’s lead, referral, mortgage application, loan amount, closing, or transaction result.
EMC’s sponsorship does not itself entitle EMC to identifiable Visitor information. Identifiable information is provided to EMC only when the Visitor gives the separate, affirmative, optional consent presented for that program. Declining that consent does not prevent ordinary OHV registration, Safety First verification, or property access otherwise permitted by the host.
OHV is not a mortgage lender, mortgage broker, loan originator, underwriter, or credit decision-maker. OHV does not guarantee EMC’s rates, programs, approvals, savings, service, availability, or financing results. Any mortgage application or resulting relationship is between the Visitor and EMC and is subject to EMC’s own disclosures, privacy practices, terms, and applicable lending requirements. EMC’s sponsorship does not constitute a representation by OHV that EMC offers the best or lowest rate or is otherwise superior to other providers.
16. Advertising and Sponsorships
OHV may offer advertising, sponsorships, featured placements, and other promotional opportunities. An advertiser’s presence on the Services does not by itself constitute OHV’s endorsement, recommendation, guarantee, agency relationship, or legal partnership with that advertiser.
Advertisers and Business Users are responsible for the accuracy and legality of their claims, licensing, advertisements, offers, products, and services. Purchasing advertising or sponsorship does not, by itself, entitle an advertiser to identifiable Visitor information. Any future program involving such information will be subject to appropriate disclosure, authorization, consent, and applicable privacy requirements.
17. Fees and Future Paid Services
OHV may offer free and paid features, plans, products, advertising, or services. OHV may introduce optional paid features in the future. A User will be presented with applicable pricing and material payment terms before purchasing a paid service. OHV will not convert a free account into a paid subscription and charge it solely because these Terms changed.
If recurring subscriptions are offered, billing frequency, renewal, and cancellation terms will be disclosed at purchase, and recurring charges will require affirmative authorization. Price changes to existing recurring subscriptions will receive appropriate advance notice. Users are responsible for applicable taxes where required. Failed or overdue payments may result in restriction of applicable paid features. Properly charged fees may be non-refundable except where required by law or expressly stated otherwise.
Payments may be processed by independent payment processors. Ending a paid subscription does not necessarily delete the underlying OHV account or historical records.
18. Suspension, Termination, and Historical Records
A User may close an account subject to applicable procedures. OHV may restrict, suspend, or terminate access for material violations, Visitor-data misuse, fraud or suspected fraud, unlawful activity, security threats, repeated abuse, impersonation, unauthorized access, nonpayment, infringement, misuse of Safety First, or other material legal, security, reputational, or operational risk.
OHV may provide notice and an opportunity to cure an ordinary remediable violation when OHV considers it appropriate, but no cure period is promised where immediate action is reasonably necessary.
Account closure does not automatically erase or transfer historical records. Retention and deletion are governed by the Privacy Policy, applicable law, legal holds, security and fraud needs, dispute preservation, consent/suppression records, and other lawful requirements. Provisions that by their nature should survive termination will survive.
19. Brokerage, Team, and Historical Record Access
Historical Visitor and open-house records remain associated with the original authorized open house, account, team, and/or brokerage structure under which they were collected, subject to applicable law and OHV agreements. Changing brokerages, teams, listing agents, or affiliations does not automatically transfer historical Visitor records.
OHV may administer access using account permissions, team/brokerage configuration, applicable agreements, authorized administrator instructions, and reasonable documentation. OHV is not responsible for adjudicating ownership disputes among agents, teams, brokerages, sellers, or other professionals and may temporarily restrict disputed records while the parties resolve their rights.
A departing User is not automatically entitled to download an entire brokerage database, and a new brokerage does not automatically receive unrelated historical Visitor information merely because an agent joins it.
20. QR Codes and Physical Signage
Professional Users are responsible for obtaining necessary authorization and complying with property-owner requirements, brokerage policies, HOA/community rules, local sign requirements, and other applicable restrictions concerning physical OHV signage and QR codes.
Professional Users are responsible for appropriate placement, accuracy, inspection, maintenance, and removal of deployed signs and for confirming that a QR code is associated with the intended property or open house. Users may not tamper with, deceptively replace, redirect, or misuse OHV QR codes or use them to misrepresent authorization or affiliation.
OHV does not control or guarantee the physical placement, continued integrity, condition, theft, alteration, vandalism, or unauthorized replacement of signage or QR codes after physical deployment.
21. Service Availability and Changes
OHV may add, remove, improve, modify, maintain, restrict, suspend, replace, or discontinue features, integrations, workflows, or all or part of the Services. OHV may make immediate changes when reasonably necessary for security, legal compliance, fraud prevention, technical stability, or emergencies.
OHV does not promise a specific uptime level under these general Terms and does not guarantee uninterrupted, error-free, or universally compatible operation. Professional Users should maintain reasonable contingency procedures appropriate to their operations and should not rely on OHV or Safety First as their sole method of controlling physical access to an open house. Separate written service-level agreements, if any, govern according to their terms.
22. Beta and Experimental Features
OHV may designate functionality as Beta, Preview, Pilot, Early Access, Experimental, Test, or similar. Such features may be incomplete, contain errors, change, be restricted to selected Users, or be modified or discontinued at any time. Participation does not guarantee future availability, functionality, pricing, or continued access.
Beta functionality remains subject to these Terms, the Privacy Policy, applicable law, security requirements, and Visitor-data protections. OHV may collect reasonable performance information and feedback to test and improve such features consistent with the Privacy Policy.
23. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES EXCEPT THOSE EXPRESSLY PROVIDED IN A SEPARATE WRITTEN AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OHV DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OHV DOES NOT WARRANT OR GUARANTEE CONTINUOUS, UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION; DELIVERY OF SMS, OTP, EMAIL, NOTIFICATIONS, OR CRM TRANSFERS; VISITOR IDENTITY OR ACCURACY; SAFETY FIRST AS IDENTITY OR BACKGROUND VERIFICATION; PHYSICAL SAFETY OR SECURITY; PREVENTION OF THEFT, FRAUD, INJURY, PROPERTY DAMAGE, OR CRIME; ACCURACY OF USER- OR THIRD-PARTY-SUPPLIED INFORMATION; ANY NUMBER OR QUALITY OF LEADS, CLIENTS, OFFERS, LISTINGS, CLOSINGS, COMMISSIONS, OR REVENUE; MORTGAGE RATES, APPROVALS, SAVINGS, OR RESULTS; THIRD-PARTY PERFORMANCE; OR THAT A PARTICULAR USER’S USE WILL SATISFY EVERY LEGAL OR PROFESSIONAL REQUIREMENT.
NOTHING IN THESE TERMS EXCLUDES RIGHTS OR WARRANTIES THAT CANNOT LAWFULLY BE DISCLAIMED.
24. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OHV AND ITS AFFILIATES, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, COMMISSIONS, LEADS, BUSINESS OPPORTUNITIES, DATA, GOODWILL, OR SIMILAR LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND TO THE EXTENT SUCH LIMITATION IS LAWFUL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OHV’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO FREE SERVICES WILL NOT EXCEED $100. FOR PAID SERVICES, OHV’S AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT THE CLAIMANT ACTUALLY PAID TO OHV FOR THE APPLICABLE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THESE LIMITATIONS ARE AGGREGATE AND DO NOT RESET FOR EACH CLAIM, THEORY, FEATURE, OR INCIDENT. THEY DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
25. Indemnification
To the extent permitted by law, Professional Users and Business Users will defend, indemnify, and hold harmless OHV and its affiliates, officers, managers, members, employees, contractors, agents, successors, and assigns from third-party claims, liabilities, damages, judgments, losses, and reasonable costs and attorneys’ fees arising from or relating to their material breach of these Terms; unlawful or unauthorized use of Visitor information; communications or marketing; fair-housing or discrimination violations; professional activities; property/open-house operations for which they are responsible; uploaded content; intellectual-property infringement caused by their materials; CRM exports or integrations; false representations; misuse of Safety First; or their advertisements, offers, products, or services.
Visitors will have a narrower obligation, to the extent permitted by law, concerning third-party claims arising from their intentional or unlawful misconduct, impersonation, fraud, infringement, or material violation of these Terms.
Indemnification does not require a User to indemnify OHV to the extent a claim results from OHV conduct for which liability cannot lawfully be shifted or from OHV’s fraud or willful misconduct. OHV may reasonably control the defense and settlement of an indemnified claim, and no settlement may impose liability, admissions, or obligations on OHV without OHV’s written consent.
26. Confidentiality of Non-Public OHV Information
Professional and Business Users may receive non-public OHV business, technical, security, product, API, administrative, pricing, or commercial information that a reasonable person would understand to be confidential. Such Users may use that information only for authorized purposes and may not disclose it or use it competitively without authorization.
Confidential information does not include information the User can establish became public without breach, was lawfully known without confidentiality restriction, was independently developed without use of OHV confidential information, or was lawfully obtained from another source without a confidentiality obligation. Disclosure required by law is permitted, with notice to OHV when legally allowed.
27. Copyright and Intellectual-Property Complaints
OHV may remove or disable access to content alleged to infringe intellectual-property rights and may terminate repeat infringers in appropriate circumstances.
A copyright owner or authorized representative may send a notice to legal@openhousevisitors.com identifying the copyrighted work, the allegedly infringing material and information sufficient to locate it, contact information, required good-faith and accuracy statements, and a physical or electronic signature, together with any other information required by applicable law. Affected Users may submit a legally compliant counter-notification if they believe material was removed due to mistake or misidentification.
Publication of this process does not represent that OHV has completed any separate U.S. Copyright Office DMCA designated-agent registration. OHV should separately complete and maintain any registration necessary to rely on applicable DMCA safe-harbor protections.
28. Privacy
Use of the Services is subject to the Open House Visitors Privacy Policy, which explains how OHV collects, uses, discloses, retains, and otherwise processes personal information.
Acceptance of these Terms or acknowledgment of the Privacy Policy does not constitute consent to optional processing or third-party marketing for which OHV separately requests affirmative consent. For matters specifically concerning personal-information processing and privacy rights, the Privacy Policy and any specific privacy or consent notice applicable to that processing control to the extent of a direct conflict. Specific program terms or consents control for the program they expressly govern.
Nothing in the Privacy Policy independently authorizes a Professional User to access, export, sell, disclose, or market to Visitor information beyond the User’s actual authorization, these Terms, applicable consent, organizational obligations, and applicable law.
29. Electronic Communications and Records
To the extent permitted by law, you agree that OHV may provide Terms, policies, disclosures, notices, receipts, account communications, security alerts, and other records electronically, including through the Services or email. Clearly identified affirmative electronic actions may constitute electronic signatures or acceptance.
Acceptance of these Terms permits communications reasonably necessary to operate the Services, including OTP/Safety First messages, account and security communications, registration confirmations, operational notices, and material legal-policy notices. Acceptance does not constitute blanket consent to promotional calls, automated marketing texts, promotional email, or EMC’s separate mortgage-related consent.
Where applicable, recognized SMS opt-out and assistance mechanisms such as STOP and HELP and legally required email unsubscribe mechanisms will be supported. Opting out of marketing does not necessarily prevent strictly necessary lawful transactional or security communications. Carrier message/data charges may apply. Delivery depends on carriers, networks, devices, email systems, and third-party providers and is not guaranteed.
30. Notices
Users must keep registered account contact information reasonably current. OHV may provide notices through the email address most recently provided by the User, a conspicuous website/application/dashboard notice, another electronic method the User has agreed to, or physical mail when appropriate or legally required.
Formal legal notices to OHV, including Notices of Dispute and arbitration opt-outs where applicable, should be directed to legal@openhousevisitors.com and, when required, to Open House Visitors, LLC, 291 Preston Rd., Ste #940, Prosper, TX 75078. Privacy requests should follow the procedures in the Privacy Policy and may be directed to privacy@openhousevisitors.com.
31. Changes to These Terms
OHV may update these Terms as the Services, law, integrations, and business evolve. Routine changes may be posted with an updated “Last Updated” date. For material changes, OHV will provide reasonable notice when appropriate and may require affirmative re-acceptance before continued account use.
OHV should maintain historical Terms versions and acceptance records. Changes to dispute-resolution provisions will apply prospectively to the extent permitted by law and will not be used to rewrite a dispute that has already arisen. Updating these Terms does not automatically expand an existing EMC consent or any other optional consent.
32. Governing Law
These Terms and disputes arising from them or the Services are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent the Federal Arbitration Act or other federal law applies or applicable law provides rights that cannot lawfully be waived.
33. Informal Dispute Resolution
Before initiating arbitration, the claimant must send a written Notice of Dispute describing the claimant, the nature and factual basis of the dispute, and the requested relief to legal@openhousevisitors.com or the legal mailing address stated in these Terms. The parties will attempt in good faith to resolve the dispute informally for 30 days after receipt of a sufficient notice before initiating arbitration, unless applicable law requires otherwise.
34. Binding Individual Arbitration; Class and Jury Waivers
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for disputes that qualify for an applicable small-claims court and requests for appropriate court-ordered injunctive relief concerning matters such as intellectual-property infringement, unauthorized access, scraping, security attacks, or misuse of confidential or proprietary information, covered disputes that are not resolved through the informal process will be resolved by binding individual arbitration under the Federal Arbitration Act.
Arbitration will be administered by the American Arbitration Association (“AAA”) under the consumer or commercial rules applicable to the dispute, as modified by these Terms and subject to applicable law. Arbitration may be conducted remotely or at another location permitted by the applicable rules and law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COVERED CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT TO THE EXTENT A PARTICULAR RIGHT CANNOT LAWFULLY BE WAIVED.
A new User may opt out of this arbitration agreement by sending a clear written opt-out notice to legal@openhousevisitors.com within 30 days after first accepting this arbitration agreement. The notice must reasonably identify the User and state that the User is opting out of the arbitration agreement. Opting out does not terminate access to the Services. If a User validly opts out, disputes that would otherwise have been arbitrated will be handled under the applicable court provisions of these Terms.
35. Coordinated or Mass Arbitration
If a defined number of substantially similar arbitration demands are submitted against OHV by or with the assistance of the same or coordinated counsel or organizations, the parties agree that reasonable batching, bellwether proceedings, tolling protections, and settlement procedures may apply consistent with applicable law and the administrator’s rules.
The precise threshold, batch size, sequencing, fee allocation, tolling mechanics, and related mass-arbitration procedures must be finalized with specialized arbitration counsel before OHV relies on this provision. Nothing in this section is intended to prevent a User from pursuing a legitimate individual claim where such a restriction would be unlawful.
36. Court Venue and Attorneys’ Fees
For disputes properly proceeding in court rather than arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts having jurisdiction over OHV’s principal Texas business location, except where applicable law requires otherwise. OHV should confirm the specific county-level venue for its principal business location before publication.
For Visitors and other consumer Users, attorneys’ fees, arbitration expenses, and costs will be allocated under applicable law and applicable arbitration rules. For Professional and Business Users, in appropriate commercial disputes arising from material breach, Visitor-data misuse, infringement of OHV intellectual property, unauthorized system access, unpaid fees, or other wrongful conduct, the prevailing party may recover reasonable attorneys’ fees and costs to the extent permitted by applicable law. Indemnification obligations are separate.
37. Assignment and Business Transfers
OHV may assign or transfer these Terms and related contractual rights and obligations in connection with a merger, acquisition, reorganization, sale of substantially all assets, affiliate transfer, financing or restructuring where appropriate, or other legitimate business succession.
Users may not sell, assign, transfer, or sublicense their accounts or rights under these Terms without OHV’s written authorization. Any transfer involving personal information remains subject to applicable privacy obligations and does not automatically expand EMC or other optional consent.
38. United States Use
The Services are currently intended for use within the United States. OHV does not represent that the Services are appropriate, available, or compliant for use in other countries. A person accessing the Services from outside the United States is responsible for determining whether that use is lawful, subject to rights that cannot legally be waived.
39. General Terms
If any provision is held invalid or unenforceable, the remaining provisions remain in effect, and the affected provision will be enforced or reformed to the maximum extent lawfully permissible where appropriate. Failure to enforce a provision is not a waiver.
These Terms, the Privacy Policy, and additional terms expressly incorporated into them constitute the agreement concerning the Services, except where a separate signed agreement expressly controls. More specific written program or enterprise terms control the subject matter they expressly address.
Use of the Services does not create an unintended partnership, joint venture, employment, franchise, fiduciary, brokerage, or agency relationship. Except where expressly stated, there are no third-party beneficiaries.
OHV is not responsible for delays or failures caused by circumstances reasonably beyond its control, subject to applicable law. Headings are for convenience only. Provisions that by their nature should survive termination will survive. Informal statements do not modify these Terms unless an authorized written agreement expressly does so, subject to applicable law.
Users may not use the Services in violation of applicable U.S. export-control or sanctions laws.
40. Contact Us
Questions concerning these Terms may be directed to:
Open House Visitors, LLC
291 Preston Rd., Ste #940
Prosper, TX 75078
Phone: (972) 569-7226
Legal: legal@openhousevisitors.com
Privacy: privacy@openhousevisitors.com