Terms Of Service
Terms
Thank you for using OBI. These terms of service (“Terms”) cover your use and access to the products, services, software, platform and websites (collectively, “Services”) provided by OBI Real Estate and any of our affiliates (collectively, “OBI”). By using our Services, you agree to be bound by these Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.
You must be the legal age of majority in your state of residence and able to form a binding contract with OBI in order to use the Services. In no event is use of the Services permitted by those under the age of 13.
Interactions with Users on OBI Platform
When you use our Services, you will have the opportunity to initiate contact with an independent User. Users are neither employees nor agents of OBI. Users are third-party independent contractors that have agreed to provide real estate postings, real estate proposals or limited consultations to OBI Users. Communicating with a User through OBI is not required. However, if you choose to communicate with a User through OBI, please note the following:
When you contact a User through OBI, he or she may provide you with an initial real estate proposal, real estate posting and description, or answers to your inquiries. Please note that any such interaction is intended to be a starting point for a business transaction and any business relationship formed during the course of that interaction is strictly between you and the User and expressly EXCLUDES OBI.
When you contact a User through OBI, he or she may ask you for some information regarding you and your business in order to properly address your questions. By using our Services, you consent to sharing such personally identifying information for the purpose of initiating a starting point for a business transaction with other Users. OBI will have access to any communications submitted through our platform for fulfillment and quality assurance purposes. OBI is not responsbible for cancellations of proposals, real estate postings, and so forth. Users are responsible for arranging their own respective cancellation charges and fees.
OBI is not responsible for and does not assume any liability for supervising interaction between users. OBI is not responsible for and does not assume liability for payment or other arrangements between parties. Each respective party (user) assumes all responsibility for collecting payment or compensation for services. Each respective party (user) is responsible for and assumes all liability for honoring and adhering to any and all agreements and arrangements made. Any and all proposals are to be inclusive of any and all fees. If there is a variable fee, such as wait times, mileage, parking, postage, RUSH, custodian fees, etc., this information is to be included in any and all proposals that are submitted. When you contact a User through OBI, you control the both the duration and depth of the interaction. Any relationship formed during the course of that interaction may, at your option, either (a) end when the interaction with the User ends, or (b) continue if you wish to engage the User for further services. If you wish to create a relationship with a User that extends beyond your use of our Services, that relationship will be on whatever terms you establish with the User in question. Those terms do NOT involve OBI and we do not set, control or influence them. For example, the User may ask you to sign a formal agreement regarding the scope of work they will perform, the cost of their services, and the handling of any out of pocket expenses they may incur.
OBI does not receive any share of fees collected by any Users in our network. In all cases, OBI will not influence or interfere in any way with any User’s independent professional judgment. Users reserve the right to refuse to perform services on your behalf in their sole discretion.
OBI is an information provider and does not endorse or recommend any User, including any of the Users on OBI. OBI makes no representation or warranty as to the qualifications or competency of any User or as to the accuracy or completeness of any User’s work. OBI SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY USER YOU ENCOUNTER ON OR THROUGH OUR WEBSITE, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.
User Profiles on our Website are Advertisements, Not Endorsements
User profiles on our website are advertisements and should be interpreted as such. OBI does not investigate, verify or warrant the accuracy of the information contained in any profile on our website. Users are third-party independent contractors solely responsible for the the services they provide, the information they provide about real estate postings and proposals, and the representations about themselves they make. You are solely responsible for assessing the quality, integrity, suitability and trustworthiness of all persons with whom you communicate regarding your needs.
OBICOIN
OBICOIN is used for services within the business and the tokens are not tied to any profits. OBICOIN is used throughout the OBI blockchain to provide real estate services and smart contracts between all aspects of the real estate transaction. All purchases of OBICOIN are done at your own risk. Please consult an investment advisor before purchasing OBICOIN. OBI is not responsible for any losses due to market volatility.
Refund Policy
If you are less than satisfied or believe there has been an error in billing, please contact our Customer Service Department by telephone immediately so that we can help you resolve the issue.
Our refund policy does not offer refunds on payments we have collected.
Membership Cancellation
You are free to stop using our Services at any time. Please note that cancellation does affect your ability to access the content you created on OBI’ website.
To downgrade (when applicable) or cancel your membership, you may call our customer service team during our regular business hours.
Please note that if you choose to downgrade or cancel your membership, OBI reserves the right to collect fees from you to cover fees charged to OBI or its agents on behalf of your account.
Termination of Membership and Access Restriction
OBI reserves the right, in its sole discretion, to downgrade (when applicable) or terminate your access to the Services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of the Services if you are not complying with these Terms, or if you are using the Services in a manner that would expose us to legal liability, disrupt the Services or disrupt others’ use of the Services.
If OBI elects to terminate your account, OBI is not required to provide you with notice. OBI also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services without notice. You agree that OBI will not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership in the Services.
Ownership and Preservation of Your Documents
OBI does not assert ownership of any documents you create or data/content you store using our Services. You grant permission for OBI to use your Documents in connection with providing Services to you.
You acknowledge and agree that OBI may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of OBI, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that OBI has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.
Consent to Receive Emails
By creating an account, you agree that you may receive communications from OBI, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.
Validity of Electronic Signatures
OBI equips you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. OBI does not authenticate users’ signatures or identities.
Acceptable Use of Communications Services
Our Services include what are collectively referred to as “Communications Services.” These include services such as message threads, comment threads, Real Estate Listings/Postings, Real Estate Proposals, and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when (i) you own or control the necessary rights, or (ii) you have received all necessary consents to do so.
Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Harvest or otherwise collect personally identifiable information about others, without their consent.
Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
Violate any applicable laws or regulations.
OBI has no obligation to monitor the Communication Services, however, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. OBI reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
No Unlawful or Prohibited Use
You may only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by OBI to access or use our website or Services. By using our Services, you accept sole responsibility that you or any of your affiliates’ use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, OBI reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.
The following are specifically excluded or prohibited:
Use in connection with any legal matter that is frivolous, immaterial or illegal in nature, as determined by OBI or the Participating Attorney in their sole discretion;
Use in connection with any legal matter that directly or indirectly involves OBI or any of its affiliates, directors, agents, employees, or other OBI service providers;
Use in connection with any legal matter in which your Program Sponsor has an adverse interest, or in which any director, officer, agent or employee thereof has an adverse interest. For the purposes of this provision, “Program Sponsor” means any company, organization or affiliation that purchases or offers on behalf of its members or employees, a OBI membership plan or single use package through wholesale channels, retail channels or otherwise;
You may not hack, “scrape” or “crawl” OBIrealestate.com whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information OBI has not intentionally made available to you on its website via purchased subscription. Your use of the OBI website does not entitle you to resell any OBI content without prior express written consent from OBI.
License Grant
Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered OBI user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on OBI. You may not copy the content of OBI’ forms or agreements for use or sale outside of OBI. Any rights not expressly granted in these Terms are reserved by OBI.
Resale or unauthorized distribution of materials downloaded from the OBI website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of OBI.
Intellectual Property Rights
OBI retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or (iii) circumvent or disable any security or technological features of our products and services.
The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website (“Service Content”) are copyright © OBI Real Estate. All rights reserved.
OBI®, OBICOIN®, annd OBI Real Estate® are registered trademarks in the U.S. Patent and Trademark Office. OBIrealestate.comTM is a trademark of OBI. These and any other OBI product or service names or slogans displayed on OBI products are trademarks of OBI Real Estate. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of OBI is the service mark, trademark and/or trade dress of OBI Real Estate and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of OBI’ trademarks displayed on our website. All goodwill generated from the use of OBI’ trademarks is reserved for the use of OBI, exclusively.
Links to Third Party Sites
OBI’ website may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. OBI does not sponsor and is not legally associated with any third party “linked sites.” OBI is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.
OBI does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. OBI is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. Review the terms and conditions and privacy policies of any third party sites.
If you use any service provided on a Linked Site, (a) OBI will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) OBI does not warrant or support any service provided by the third party.
Disclaimer of Representations and Liability
The information, software, products, and services made available through OBI may include inaccuracies or typographical errors. OBI and/or its suppliers may at any time make improvements or changes to our Services. Information received via OBI should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.
TO THE FULLEST EXTENT PERMITTED BY LAW, OBI AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OBI, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT OBI HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
OBI’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO OBI FOR THE 12 MONTHS PRECEEDING THE SERVICES IN QUESTION.
Indemnity and Release
You agree to release, indemnify and hold OBI and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.
Entire Agreement
These Terms constitute the entire agreement between you and OBI with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiartray rights.
Waiver, Severability and Assignment
OBI’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. OBI may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
