Thank you for visiting https://openhouseinsurance.com/ (the “Website”), which is owned and operated by Frontline Insurance Managers Inc. (“Frontline”), together with its affiliates and subsidiary companies (collectively referred to herein as “OpenHouse”). OpenHouse provides property and casualty insurance services, including issuance of insurance policies, to customers.
These terms of use (“Terms of Use”) govern your access to and use of the Website, which includes your access to the content, functionality, products and services offered through the Website. These Terms of Use do not change or alter any other contract, policy or agreement between you and OpenHouse.
Throughout these Terms of Use, the terms “we,” “us,” and “our” refer to OpenHouse, and the terms “you” and “your” refer to you, as a visitor to the Website, as well as any other visitor to or user of the Website, including, but not limited to, visitors and users that are Producers, Authorized Employees, Customers, Vendors, or Insured Parties (each as defined herein).
These Terms of Use were last updated on and are effective as of: [30 APRIL 2020]
These Terms of Use affect your legal rights and obligations. Please carefully read these Terms of Use before you start using the Website. By accessing or browsing the Website to review or use any product or service made available through the Website (the “Services”), you accept and agree to be legally bound, without limitation or qualification, to these Terms of Use and our Privacy Policy. If you do not agree to all, or to any, of the provisions in these Terms of Use or the Privacy Policy, you must immediately exit your access to and make no further use of the Website.
If you use the Services on behalf of another individual, you represent and warrant that you have the authority to bind that individual, your acceptance of the Terms will be deemed an acceptance by that individual, and “you” and ”your” herein shall refer to you and that individual.
Access to and use of the Website and the Services are subject to all applicable laws and regulations, as well as to these Terms of Use and OpenHouse’s Privacy Policy (“Privacy Policy”) which set forth the legally binding terms related to your access and use of the Website.
Subject to these Terms of Use, the Website provides information about our Services and allows:
This Website is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with OpenHouse. If you do not meet these requirements, you must not access or use the Website. We do not authorize the use of the Website or collect any personally identifiable information from any person whom we actually know is under the age of eighteen (18). Please consult our Privacy Policy for more information.
From time to time and without providing notice to you, we will make changes or improvements to the items, services, and/or features included on the Website. Additionally, from time to time and in our sole discretion, we may revise or make additions to these Terms of Use, in which case we will post the revised Terms of Use on the Website, and the revised Terms of Use will be effective immediately upon posting and shall apply to all causes of action arising anytime immediately after the applicable revisions have been posted to the Website. You are responsible for reviewing the most current version of the Terms of Use before using the Website to ensure that you agree to any revisions to the Terms of Use. If at any time you do not agree to the revisions, you should immediately cease all use of and access to the Website. By continuing to use the Website after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Use and to the Website are customary and reasonable.
When requesting certain information, products or services via the Website, you will be asked to provide certain personal and other information, including Personally Identifiable Information. You agree that all information you provide to us through the Website or otherwise, is governed by and subject to our Privacy Policy. By using the Website, you are expressly agreeing to and accept the terms of use of our Privacy Policy, and you consent to all actions taken by OpenHouse with respect to your information in compliance with our Privacy Policy. If you do not agree to your information, including Personally Identifiable Information, being used in any of the ways described in the Privacy Policy, you must discontinue use of the Website.
When you make a payment through the Website, your payment will be processed by Bill2Pay (“Bill2Pay”). Use of the Bill2Pay site is governed by the “Bill2Pay Terms of Use” located at here. Further, information collected by Bill2Pay in connection with processing your payment will be used pursuant to the terms of the “Bill2Pay” Privacy Policy found at: here. OpenHouse disclaims any liability, financial or otherwise, associated with your interaction with Bill2Pay, and you agree to abide by Bill2Pay’s terms of use required for use of the Bill2Pay website and service.
The Services described on the Website are continuously being updated and changed, and it is possible that some of the products and/or services displayed on the Website may not be available at a particular time. Additionally, not all Services described on the Website may be available in all states, and some products offered in a particular state may vary from the product description included on the Website. OpenHouse reserves the right to withdraw or change the Services at any time and/or restrict or block access to the Website or Services, in our sole discretion without notice. OpenHouse is not responsible to you, or to any other party, if a product or service displayed on the Website is not available for purchase at any particular time, or if a product or service varies from a description provided on the Website. These Terms of Use may not describe all of the terms, conditions, exclusions, and exceptions applicable to the Services. All insurance coverages are subject to the complete terms and conditions of the insurance policies issued. Coverages, terms, and conditions and their availability may vary by geographic location and individual risk circumstances. Additional terms of use may also apply to specific portions, services, or features of the Website. All such additional terms of use are hereby incorporated by this reference into these Terms of Use. The insurance products and services, including the Policies, described on the Website are only intended for persons and entities in the states and jurisdictions of the United States where these insurance products and services may legally be sold. Nothing on the Website shall be considered an offer to sell any insurance product or service to any person or entity in any jurisdiction where such offer, purchase, or sale would be unlawful.
Quotes provided on the Website, including through the Agent Portal, may not be available for all states, products, services, or coverage selections. These quotes are price estimates based on the information submitted, are subject to change, and are not a contract, binder, or an agreement to extend insurance coverage. To obtain a premium quote and apply for an insurance policy on the Website, you must enter certain personal information, which may include, but is not limited to, the following personal information: contact information (e.g. full name, address, email address, phone number), date of birth, property-related information and/or personal financial information. In addition, OpenHouse may obtain supplemental personal information about a home or homeowner from third-party sources to produce a more accurate premium estimate and to make business and/or underwriting decisions regarding the potential insurance policy (together with the information in the preceding sentence, the “Application Information”). OpenHouse may also contact you and other parties to verify Application Information provided to OpenHouse or to obtain or provide additional information. It is a condition of your use of the Services that all the information you provide to OpenHouse is entirely accurate, current, and complete. You represent and warrant that all information you provide to OpenHouse, including, without limitation, the Application Information, is true and correct and does not violate any federal, state, local, or international law or regulation. You agree that all information you provide to OpenHouse, including, but not limited to, through the use of any interactive or messaging with us, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We will not be responsible for any losses that result from your failure to provide correct and current information. All premium quotes or estimates generated by OpenHouse are based upon the information you provide and are not a contract, binder, or agreement to extend insurance coverage. Any coverage descriptions provided on our Website are general descriptions of available coverages and are not a statement of contract. Prices and coverage limitations included in premium estimates and quotes change based on your answers to our questions during your application, your choices for different products, or due to changes of insurance pricing guides. Whenever you leave your application prior to obtaining an insurance policy, your price may change. Your price and policy terms are not final until you sign your application (which may be done electronically through the Website) [and pay the applicable amounts due to OpenHouse]. Dishonored Payments. If payments related to your insurance policy premiums or other amounts owed to OpenHouse are made or attempted to be made to OpenHouse, Bill2Pay, or any other payment processing vendor by electronic-check, Credit Charge, ACH or other non-cash method of payment, coverage under your policy is conditioned upon your payment being honored by the applicable bank or financial institution when first presented. If your payment is returned unpaid by your bank or financial institution, coverage will be void and will be deemed never to have been in effect. All applications for insurance coverage are subject to underwriting approval of the applicable policy. Coverages and availability vary by state and you may not be eligible for certain policies. We reserve the right to determine eligibility. All purchases of insurance policies are governed by important rules, conditions, exceptions, and requirements set forth in the insurance policy. Your rights and responsibilities are explained within your applicable insurance policy. A copy of your insurance policy will be delivered to you after you sign, and your policy is bound. Any coverage descriptions provided on this Website are general descriptions of available coverages and are not a statement of contract. To obtain coverage, you must submit an application to OpenHouse. Further, the submission of a completed Policy application to us does not automatically result in a binding coverage agreement. Instead, an underwriter will review the application, determine whether to approve the application, and will notify you, the Producer, or Authorized Employee if the application has been approved. If the application is approved, Producers or Authorized Employees can request that OpenHouse bind coverage. No insurance coverage can be bound, and no changes can be made to a Policy, new or existing, unless and until a written binder has been received from OpenHouse. Coverages and availability may vary by state, and additional minimum coverage limits may be available in your state. Online Claim Submissions. If you elect to report an insurance claim through or using the Website, the information you submit regarding your insurance claim is subject to review and verification by OpenHouse. OpenHouse reserves the right to request additional information regarding any claim in order to process or reach any coverage decision in accordance with its policies and applicable law. A representative may communicate with you regarding your claim. All policy provisions contained in your insurance policy remain in effect. If you have any questions concerning the coverage afforded by your policy, please contact OpenHouse by phone at (800) 675-0145 or directly through the Website in your self-service Insured Portal. Coverage for claims on your insurance policy will be determined in accordance with the terms and conditions of your applicable Policy. Submitting a claim online does not commit OpenHouse to provide coverage for the alleged or reported loss. Information you submit regarding your Policy and the loss is subject to review and verification.
Some portions of the Website, such as the Insured Portal, Agent Portal, and Vendor Portal are restricted and require users to create an account (“Account”) and obtain a username and password to gain access. Unauthorized use of or access to these password restricted areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded, and any information obtained by us during such monitoring may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system or the Website. If you are not an authorized User of such areas or do not consent to continued monitoring, you should not attempt to access such areas, or you should discontinue use of the Website. If you create an Account on the Website, you must treat your user name, password, and any other information related to your Account (“Account Information”) as confidential, and you must not disclose it to any other person or entity. You acknowledge that your Account is personal to you and, except as provided herein, you agree not to provide any other person with access to your Account, your Account Information, or to any other security information. You will be solely responsible for all activity or use of the Website associated with your Account, including any conduct which violates these Terms of Use or our Privacy Policy. OpenHouse will not be responsible, financially or otherwise, if you do not properly secure your password or if you choose to share your password with anyone else. A Producer or a Vendor may only disclose Account Information and/or grant access to such Producer’s or Vendor’s Account on the Agent Portal or Vendor Portal to individuals employed by such Producer or Vendor: (i) that are authorized by law, and by each Customer whose Personally Identifiable Information is contained on such Account, to receive access to all information provided on the relevant Account; (ii) that have agreed, in writing, to refrain from disclosing Account Information or any information obtained through the Account to any unauthorized person and to refrain from providing any unauthorized person with access to the Account; and (iii) whose access is necessary in order for Producer or Vendor to perform their responsibilities. With respect to Producer’s employees, such individuals must also be authorized by law to submit requests for Policy quotes, submit Policy applications and issue Policies, if applicable. The employees of a Producer or a Vendor that satisfy the requirements described in this paragraph are referred to herein as “Authorized Employees.” You are responsible for all activity performed and transactions entered into on or through your Account, and you agree that OpenHouse may treat any activity performed or transaction entered into on or through your Account as authorized by you. You agree to notify us immediately of any unauthorized access to your Account, unauthorized use of your username or password, or any other breach of security. In addition, Producers and Authorized Employees agree to notify us immediately if Producer or any of its employees, including Authorized Employees, suspect that any Policy-related information has been inappropriately altered or is deceptively false, or suspect that an unauthorized person has obtained Producer’s Account Information, accessed Producer’s Account, and/or has used the Website to transact business as a Producer or an Authorized Employee. You also agree to ensure that you exit from your Account at the end of each session. Producers and Authorized Employees should refrain from accessing the Agent Portal from public or shared computers and should only access the Agent Portal from a personal computer located at the Producer’s office. When accessing other parts of the Website using public or shared computers, you should use particular caution when logging into and using your Account, and when submitting Personally Identifiable Information through the Website, so that others are not able to view or record your password, Account Information, or other information on your Account or otherwise. We have the right to disable any Account, user name, password or other identifier, whether chosen by you or provided by us, at any time, without notice, in our sole discretion for any reason or for no reason, including but not limited to, if in our opinion, you have violated any provision of these Terms of Use, if you are a Producer and violate your Producer’s Agreement with us, or if we believe that your Account is being used by an unauthorized party. We also reserve the right to log in or otherwise to access any Account on the Website, including the Insured Portal, Agent Portal, and Vendor Portal, with the identity of any user, including any Insured Party, Producer, and Vendor, for the purpose of preventing or addressing service or technical problems, or otherwise in connection with customer support matters, and may do so from time to time.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. In connection with your use of the Services, you agree: Not to violate any applicable federal, state, local, or international law or regulation; not to use the Services to send unsolicited or misleading messages; not to (or attempt to) exploit, harm, or collect the personal information of minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; not to impersonate or attempt to impersonate OpenHouse, its employees or representative, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); not to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm OpenHouse or users of the Services or expose them to liability. Additionally, you agree not to: (i) use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Website; (ii) use any robot, spider or other automatic device, process, or means to access the Services for any purpose without the express permission of OpenHouse, including monitoring or copying any of the material on the Website; (iii) conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, and other liability to OpenHouse, other users, third parties, or you; (iv) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the express permission of OpenHouse; (v) use any device, software, or routine that interferes with the proper working of the Services. Introduce to the Website any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any aspect of the Services, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website; (vii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (viii) otherwise attempt to interfere with the proper working of the Website.
You represent that all of the information, data, and other materials that you provide on the Website or to OpenHouse through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information, including Personally Identifiable Information, you have provided on the Website or to OpenHouse through any other means, as appropriate. You must not use the Website: (a) to violate any local, state, national, or international law or regulation, including but not limited to the Gramm-Leach Bliley Financial Modernization Act, as well as other applicable data security and privacy laws and regulations; or (b) to interfere with or disrupt the servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website. Except as permitted pursuant to these Terms of Use or otherwise agreed by us in writing, permission is hereby granted to the extent necessary to lawfully access and use the Website and/or information, materials, products, and/or services available on it to display, download, archive, and print in hard copy, portions of the Website on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. OpenHouse neither warrants nor represents that use of content displayed on the Website will not infringe rights of third parties not owned by or affiliated with OpenHouse. Except as permitted pursuant to these Terms of Use or otherwise agreed by us in writing, you must not display, reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of the Website. Without our prior written consent, you may not: (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automatic device) to monitor or copy the Website web pages or the content contained thereon; (c) link or deep-link to the Website for any purpose except as described in these Terms of Use; or (d) frame the Website, place pop-up windows over its pages, or otherwise affect the display of the Website.
Unless otherwise indicated, the Website and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Website, its presentation, functionality, and “look and feel” are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of OpenHouse, or the material is included with the permission of the rights owner. You acknowledge that OpenHouse owns all right, title, and interest in and to all of the information on the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights (or that the material is included on the Website with the permission of the rights owner). “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. Except as expressly set forth herein, you are not authorized to use any portion of this Website, our Content (defined below), or any of our Intellectual Property Rights on any other website, in the meta-tags of any other website, or in any other materials. OpenHouse and its licensors reserve all other rights not expressly granted in these Terms of Use.
TRADEMARKS. Certain of the names, logos, and other materials displayed on the Website constitute trademarks, tradenames, service marks, or logos (“Marks”) of OpenHouse or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with OpenHouse or those other entities.
COPYRIGHTS; RESTRICTIONS ON USE. The content made available to you on or through the Website, including without limitation, text, databases, software, code, music, sound, photos, and graphics (“Content”), is: (a) copyrighted by OpenHouse, its affiliates, and/or its licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by OpenHouse, its affiliates, or its licensors. Except as permitted in the Terms of Use or otherwise agreed by us in writing, our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, performed, displayed, or redistributed in any way without our prior written permission and/or the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of our Content.
You may link to the homepage of the Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express, prior written consent. [Additionally, OpenHouse may, now or in the future, allow you to link your Account to your separate account(s) on third party services, such as social networking sites (“Linked Accounts”). If you link your Account on the Website to a Linked Account, you are authorizing OpenHouse to store and use your access credentials to access your Linked Account, on your behalf as your agent, to integrate your experience with the Services with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests, or “likes” of the Linked Account, and/or pushing updates regarding your use of the Services out to your Linked Accounts. Linking, accessing, or using a third-party service through the Service in this manner may be subject to additional terms established by the applicable third party platform, and it is solely your responsibility to comply with such third-party terms.] Subject to the foregoing, you must not: cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site; link to any part of the Website other than the homepage; otherwise take any action with respect to the materials or our Content on the Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. For your convenience, the Website includes links to other sites and resources provided by third parties. We have no control over the content of those sites and accept no responsibility, financial or otherwise, for them or for any loss or damage that may arise from your use of such sites. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms of use of use of such websites.
WE TAKE COMMERCIALLY REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PRESENTED ON AND THROUGH THE WEBSITE IS ACCURATE AND COMPLETE. HOWEVER, THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. ANY INFORMATION, SERVICES, MATERIALS, SOFTWARE, CALCULATORS, CONTENT, OR OTHER MATERIALS OR FUNCTIONALITY ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO GUARANTEES, REPRESENTATIONS, OR REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO: (I) THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION PRESENTED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION RELATED TO THE POLICIES, POLICY APPLICATIONS, BINDERS, AND QUOTES PROVIDED ON THE WEBSITE, PRICE OR COST INFORMATION, OR OTHER CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR THROUGH SITES LINKED TO THE WEBSITE; (II) THE QUALITY AND SECURITY OF THE WEBSITE OR WHETHER IT WILL BE USEFUL OR SUITABLE FOR YOUR INTENDED OR PARTICULAR PURPOSE; (III) THE ABILITY TO ACCESS THE WEBSITE OR ITS CONTENT, OR YOUR ABILITY TO PURCHASE A PRODUCT OR SERVICE DISPLAYED ON THE WEBSITE; (IV) WHETHER THE WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; AND (V) THE SECURITY OF YOUR DATA OR OTHER INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION, PROVIDED BY YOU TO THE WEBSITE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE. WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL OF OPENHOUSE. ACCORDINGLY, OPENHOUSE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, LOSS, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE, AND YOU (AND NOT OPENHOUSE) ASSUME THE ENTIRE RISK OF LOSS OR COST OF ALL NECESSARY MAINTENANCE, REPAIR, REPLACEMENT, OR CORRECTION. We do not assume any liability related to your use of any third-party website linked to the Website or otherwise. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT AND/OR IN CONNECTION WITH THE PRODUCTS OR SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE. ANY RELIANCE YOU PLACE ON INFORMATION PROVIDED OR SERVICES RENDERED ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY, FINANCIAL OR OTHERWISE, ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION AND/OR ON OUR SERVICES BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF THE CONTENTS OF THE WEBSITE. ADDITIONALLY, AND TO THE FULLEST EXTENT PROVIDED BY LAW, OPENHOUSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. These Terms of Use give you specific legal rights and you may also have other rights which vary in different jurisdictions. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in herein may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out herein shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
YOU AGREE THAT OPENHOUSE, ITS AFFILIATES, AND/OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND/OR DIRECTORS SHALL NOT BE LIABLE, FINANCIALLY OR OTHERWISE, TO YOU OR ANYONE ELSE FOR: ANY DAMAGES SUFFERED AS A RESULT OF: (I) ACCESSING, USING, PRINTING, COPYING, OR DOWNLOADING ANY DATA, MATERIALS, INFORMATION, OR OTHER CONTENT FROM THE WEBSITE; (II) ANY LOSS OR CORRUPTION OF DATA STORED ON THE WEBSITE; (III) ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE WEBSITE OR THE INFORMATION, MATERIALS, OR CONTENT MADE AVAILABLE VIA THE WEBSITE; OR (IV) ANY LOSS OR DAMAGE THAT MAY ARISE AS A RESULT OF THE USE OF YOUR ACCOUNT INFORMATION OR ACCOUNT BY SOMEONE OTHER THAN YOU OR YOUR AUTHORIZED EMPLOYEES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OPENHOUSE BE LIABLE, FINANCIALLY OR OTHERWISE, TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, , EVEN IF OPENHOUSE, ITS AGENTS, OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPENHOUSE’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO USE OF THE WEBSITE OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY PRODUCTS AND/OR SERVICES OFFERED AND/OR PROVIDED THROUGH THE WEBSITE, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU ONLY TO THE EXTENT RESTRICTED BY APPLICABLE LAW. ANY CLAIMS MADE BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ITS CONTENT, MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. ALL REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
You agree that we, in our sole discretion and without providing notice to you, may terminate your use of, and/or access to the Website if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE (FINANCIALLY OR OTHERWISE) TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE.
You agree to indemnify, defend, and hold harmless OpenHouse, its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur, resulting from, or alleged to result from, your, your employee’s, or your agent’s: (i) breach of these Terms of Use; (ii) violation of any applicable law, regulation, rule, or order pertaining to use of the Website; (iii) unauthorized or unlawful use of the Website; and (iv) unauthorized disclosure or release of any Account Information or any Personally Identifiable Information.
OpenHouse is based in the State of Florida the United States of America and makes no claims that the Website is appropriate for, or may be accessed, downloaded, or used by, persons residing outside of the United States of America. OpenHouse makes no representation that the Website is appropriate or may legally be used in the nation, state, province, or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website is prohibited from jurisdictions where the Website, or its content, is illegal. Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable laws and regulations, including but not limited to the Gramm-Leach Bliley Financial Modernization Act, as well as other applicable data security and privacy laws and regulations. Access to the Website may not be legal by certain persons in certain countries. If you access the Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You agree that with respect to any suit, action, or proceeding arising out of or in connection with any dispute with OpenHouse, including without limitation any claim involving OpenHouse or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants, and agents: (i) you will submit to the exclusive jurisdiction of the courts of Florida; (ii) venue for all disputes shall be the Federal and State courts for Seminole County, Florida; and (iii) you (a) irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action, or proceeding arising out of or relating hereto brought in any such court; (b) irrevocably waive any claim that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum; and (c) irrevocably waive the right to object, with respect to any such claim, suit, action, or proceeding brought in any such court, that such court does not have jurisdiction over you. You agree that these Terms of Use, as well as any suit, action, or proceeding arising out of or in connection with any dispute with OpenHouse, including without limitation any claim involving OpenHouse or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants, and agents, shall be governed by and construed exclusively in accordance with the laws of Florida in all matters, including, without limitation, its validity, construction, interpretation, and performance, and without regard to provisions regarding conflicts of law.
We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without the permission of OpenHouse shall be void.
The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge, or restrict any of the provisions of these Terms of Use.
Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision in the future, and a waiver by us of any right herein on any occasion will not constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law. OpenHouse reserves all rights not expressly granted to you herein.
These Terms of Use apply to your use of this Website and do not change or alter any other contract or agreement between you and OpenHouse.
Your Consent to Communicate with You; OpenHouse’s Contact Information
By using the Website and providing contact information to us including email address, home address or telephone number, you authorize OpenHouse to contact you at or through the contact information you have provided to OpenHouse for advertisement, telemarketing, solicitation or other purposes, including via text message, automatic telephone dialer system, and/or pre-recorded voice to deliver a message. You can revoke this consent at any time by contacting OpenHouse at the address, email address or telephone number provided below. Consent to receiving automated telephone calls or text messages from OpenHouse is not a condition to using the Services. Additionally, if you have any questions regarding these Terms of Use or any other matter, you can contact OpenHouse at:
OpenHouse Insurance
500 International Parkway
Lake Mary, Florida 32746
Telephone: (833) 733-8286
Website: https://openhouseinsurance.com/