Terms of Use Of Open Office Space

The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the OpenOfficeSpace web site (located at http://www.OpenOfficeSpace.com) is subject to the following Terms of Use (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and www.OpenOfficeSpace.com (hereinafter "OpenOfficeSpace" or the "Company"). You also agree to the OpenOfficeSpace Listing Policy & Guidelines (the "Listing Policy" or "Listing Policies").

If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Chief Financial Officer, Open Office Space, 220 Crossways Park West, Woodbury, NY 11797. OpenOfficeSpace may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the OpenOfficeSpace website.



GENERAL PROVISIONS

Membership Privileges
Membership privileges are granted by OpenOfficeSpace to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the OpenOfficeSpace web site without express written permission from OpenOfficeSpace. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of OpenOfficeSpace. OpenOfficeSpace requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the OpenOfficeSpace system. Members are not permitted to share their individual logon information with others. OpenOfficeSpace has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the OpenOfficeSpace website, or abuses their rights related to the OpenOfficeSpace service. Upon registration, which is free, Customer becomes a Basic Member. A Basic Member may search the OpenOfficeSpace property listings Service, and will receive a subset of results of the available properties matching the Customer's designated search parameters. A Basic Member may also list properties on the Service, and such Customer's listings will be able to be fully accessed and viewed in the search results of all Subscribers.

OpenOfficeSpace utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant OpenOfficeSpace the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes OpenOfficeSpace determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. OpenOfficeSpace will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will OpenOfficeSpace have any liability for sending any email to its registered users/customers.

Submission and Administration of Listings

Listings that are not modified or renewed within a 60-day period are automatically changed to "Off Market" and are no longer viewable on www.OpenOfficeSpace.com. Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to OpenOfficeSpace unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on OpenOfficeSpace's website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the OpenOfficeSpace website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the OpenOfficeSpace website. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website, the OpenOfficeSpace website and other OpenOfficeSpace partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the OpenOfficeSpace website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the OpenOfficeSpace system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the OpenOfficeSpace website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to OpenOfficeSpace. OpenOfficeSpace may add digital watermarks to certain parts of your property listing, including photographs. We add digital watermarks to protect against the copying or further distribution of your photographs without your permission.

Use of Information
Customer agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to OpenOfficeSpace. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of OpenOfficeSpace. OpenOfficeSpace does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the active property listings solely to obtain initial information from which further evaluation and investigation may commence.

OpenOfficeSpace Market Reports and other similar information, reports, lists, listings, postings, services (individually and collectively "OpenOfficeSpace Market Reports") and any and all Content offered by OpenOfficeSpace to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY OPENOFFICESPACE, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Customer shall limit access to and use of active property listings and member directory to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the OpenOfficeSpace Service as part of any effort to compete with OpenOfficeSpace, including without limitation using the OpenOfficeSpace Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential OpenOfficeSpace customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the OpenOfficeSpace Service. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.

Unsolicited Commercial Email (Spam)
OpenOfficeSpace prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the “Email The Broker”, “Email a Friend” service or other email services that OpenOfficeSpace offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. OpenOfficeSpace has the right to revoke the privileges of any customer or company that breaches these terms.

Ownership and License Grant
OpenOfficeSpace retains all rights (including Intellectual Property Rights as defined below), title and interest in the OpenOfficeSpace Web site and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of OpenOfficeSpace's technology or delete or alter author attributes or copyright notices. Customer shall use the OpenOfficeSpace system solely for their own use and shall not allow others to use the OpenOfficeSpace system under or through that Customer's login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
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Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

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Your physical or electronic signature;
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Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
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A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
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Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.


If a counter-notice is received by the Copyright Agent, OpenOfficeSpace may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at OpenOfficeSpace's sole discretion.

Address for OpenOfficeSpace's copyright agent:
Open Office Space
220 Crossways Park West
Woodbury, NY 11797
Attn: Copyright Agent


Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE OPENOFFICESPACE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OPENOFFICESPACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OPENOFFICESPACE MAKES NO WARRANTIES 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 OR PROPERTY 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 OPENOFFICESPACE WEBSITE. OPENOFFICESPACE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OPENOFFICESPACE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OPENOFFICESPACE 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.

Limitation of Liability
IN NO EVENT SHALL OPENOFFICESPACE, 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 OR PROPERTY 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 OPENOFFICESPACE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, 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 OPENOFFICESPACE 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 OpenOfficeSpace from its facilities in the United States of America. OpenOfficeSpace makes no representations that the OpenOfficeSpace Website is appropriate or available for use in other locations. Those who access or use the OpenOfficeSpace Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity
You agree to defend, indemnify and hold harmless OpenOfficeSpace, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the OpenOfficeSpace 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, 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 and Conditions and your use of the OpenOfficeSpace Website.

Links to Third Party Sites
The OpenOfficeSpace.com web site may contain, but is not limited to a listing of advertisers, professionals, feeds, video and/or hyperlinks to other web sites operated by parties other than OpenOfficeSpace and its subsidiaries which are beyond OpenOfficeSpace's control. Parties other than OpenOfficeSpace may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use OpenOfficeSpace's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the OpenOfficeSpace site. OpenOfficeSpace does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. OpenOfficeSpace does not assume any liability for the actions, product, and content of all of these and any other third parties. OpenOfficeSpace makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the OpenOfficeSpace site, the site you will land on is not controlled by OpenOfficeSpace and different terms of use and privacy statements may apply. OpenOfficeSpace also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of OpenOfficeSpace
Customer agrees that OpenOfficeSpace shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by OpenOfficeSpace customers and partners. OpenOfficeSpace shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. OpenOfficeSpace shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. OpenOfficeSpace reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on OpenOfficeSpace's corporate web site, located at http://www.OpenOfficeSpace.com.

Governing Law
This Agreement, and the Deliverables provided by OpenOfficeSpace, shall be governed by the laws of the State of New York, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of New York, New York for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.

Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of OpenOfficeSpace, which retains the right to withhold consent in its sole discretion.

Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at OpenOfficeSpace.

Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.



Last Updated: April 2, 2010



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