Terms of Use

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and available through the OpenHouseKelowna.com domain name and any city-specific domains or subdomains thereof, the "OpenHouseKelowna Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) OpenHouseKelowna's privacy notice. If you do not agree to any of these terms, the OpenHouseKelowna privacy notice, please do not use the OpenHouseKelowna Website.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. OpenHouseKelowna may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. The OpenHouseKelowna Website

A. These Terms of Service apply to all users of the OpenHouseKelowna Website, including users who are also contributors of information, and other materials or services on the Website. The OpenHouseKelowna Website includes all aspects of OpenHouseKelowna.

B. The OpenHouseKelowna Website may contain links to third party websites that are not owned or controlled by OpenHouseKelowna. OpenHouseKelowna has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, OpenHouseKelowna will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve OpenHouseKelowna from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the OpenHouseKelowna Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. The OpenHouseKelowna Accounts

A. In order to access some features of the Website, you will have to create a OpenHouseKelowna account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify OpenHouseKelowna immediately of any breach of security or unauthorized use of your account.

B. Although OpenHouseKelowna will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of OpenHouseKelowna or others due to such unauthorized use.

4. General Use of the Website—Permissions and Restrictions

OpenHouseKelowna hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without OpenHouseKelowna's prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to any of its related technologies.

C. You agree not to use the Website, for any commercial use, without the prior written authorization of OpenHouseKelowna. Prohibited commercial uses include any of the following actions taken without OpenHouseKelowna's express approval:

§  sale of access to the Website or its related services on another website;

§  use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;

§  the sale of advertising, on the OpenHouseKelowna website or any third-party website, targeted to the content of specific User Submissions or OpenHouseKelowna content;

§  and any use of the Website or its related services that OpenHouseKelowna finds, in its sole discretion, to use OpenHouseKelowna's resources with the effect of competing with or displacing the market for OpenHouseKelowna, OpenHouseKelowna content

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the OpenHouseKelowna Website.

A. The content on the OpenHouseKelowna Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to OpenHouseKelowna, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. OpenHouseKelowna reserves all rights not expressly granted in and to the Website and the Content.

B. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

C. You agree not to circumvent, disable or otherwise interfere with security-related features of the OpenHouseKelowna Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the OpenHouseKelowna Website or the Content therein.

D. You may not upload any pornographic material or material not specifically related to Real Estate and the uses of this site.

6. Your User Submissions and Conduct

A. You affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize OpenHouseKelowna to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

B. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant OpenHouseKelowna all of the license rights granted herein.

C. OpenHouseKelowna does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and OpenHouseKelowna expressly disclaims any and all liability in connection with User Submissions. OpenHouseKelowna does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and OpenHouseKelowna will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. OpenHouseKelowna reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

A. OpenHouseKelowna will terminate a User's access to its Website if, under appropriate circumstances, the User is determined to be a repeat infringer.

B. OpenHouseKelowna reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. OpenHouseKelowna may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Warranty and Condition Disclaimer

YOU AGREE THAT YOUR USE OF THE OPENHOUSEKELOWNA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OPENHOUSEKELOWNA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. OPENHOUSEKELOWNA MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OPENHOUSEKELOWNA WEBSITE. OPENHOUSEKELOWNA EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. OPENHOUSEKELOWNA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OPENHOUSEKELOWNA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OPENHOUSEKELOWNA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.

9. Limitation of Liability

IN NO EVENT SHALL OPENHOUSEKELOWNA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OPENHOUSEKELOWNA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT OPENHOUSEKELOWNA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by OpenHouseKelowna from its facilities in Canada. OpenHouseKelowna makes no representations that the OpenHouseKelowna Website is appropriate or available for use in other locations. Those who access or use the OpenHouseKelowna Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify and hold harmless OpenHouseKelowna, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the OpenHouseKelowna Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the OpenHouseKelowna Website.

11. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OpenHouseKelowna without restriction.

12. General

You agree that: (i) the OpenHouseKelowna Website shall be deemed solely based in British Columbia; and (ii) the OpenHouseKelowna Website shall be deemed a passive website that does not give rise to personal jurisdiction over OpenHouseKelowna, either specific or general, in jurisdictions other than British Columbia. Unless prohibited by local law, these Terms of Service shall be governed by the internal substantive laws of the Province of British Columbia, without respect to its conflict of laws principles. Unless prohibited by local law, any claim or dispute between you and OpenHouseKelowna that arises in whole or in part from the OpenHouseKelowna Website shall be decided exclusively by a court of competent jurisdiction located in Kelowna, British Columbia. These Terms of Service, together with the Privacy Notice and any other legal notices published by OpenHouseKelowna on the Website, shall constitute the entire agreement between you and OpenHouseKelowna concerning the OpenHouseKelowna Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and OpenHouseKelowna's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. OpenHouseKelowna reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the OpenHouseKelowna Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND OPENHOUSEKELOWNA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OPENHOUSEKELOWNA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. Language

The parties confirm that it is their wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations have been and shall be drawn up in the English language only.