If you agree to be bound by the terms of this Agreement, you should click on the "I AGREE" button at the end of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should click "I DECLINE." If you click "I DECLINE," you will not be able to proceed with the registration process for the respective Service and become a subscriber. To the extent you have access to, or are using, a Service without having completed our registration process and clicked on an "I AGREE" button, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained below.
1. Changes to Subscriber Agreement. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically. The changes also will appear in this document, which you can access at any time by going to the Subscribe section of a Service. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
3. Fees, Payments, Refunds and Cancellations. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. Please review this entire document carefully as various sections do provide detailed policies regarding refunds and cancellations for specific situations. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you should contact us immediately. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
4. Renewal. Your subscription will renew automatically, unless we terminate it or you notify us by telephone, mail, or email (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
5. Exceptions for Various Types of Subscribers; Other Users. If your access to a Service is provided by, or through a Third Party or you purchased your subscription to the Service through a retailer rather than from us directly, some or all of the "Fees and Payments" and "Renewal" terms may not apply to you. Please contact the Third Party, retailer or our Customer Service department for details. If you access a Service as part of a free trial or otherwise without becoming a subscriber, you are hereby notified that all of the terms and conditions of this Subscriber Agreement except the section labeled "Fees and Payments" and "Renewal" apply to your use and access of the Service.
6. Limitations on Use.
7. Third Party Web Sites, Services and Software. We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
8. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Open ARMS AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE Open ARMS PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE Open ARMS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE Open ARMS PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. Open ARMS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (vi) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (vii) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Open ARMS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SUBSCRIBER AGREEMENT.
9. General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Texas, United States of America applicable to contracts made entirely within Texas and wholly performed in Texas, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Texas. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
11. Scheduling ("booking") Confirmation Requirements. Confirmation of a reservation requires that a full or partial payment from the reserving party ("renter") has been received by the Open ARMS subscriber booking the property/unit. You agree not to schedule ("book") a property or unit on the Open ARMS calendaring service unless or until the reservation has been confirmed as described above. Further, you agree to the automatic collection of information captured during the process of canceling an existing booking, and the subsequent reporting of this information between affected property owner and broker. Open ARMS is expressly held harmless in regards to disputes between any brokers and/or property owners that may arise due to the mis-use of, or the failure to comply with, the conditions set forth herein for the use of the service by any party.
12. Property Owner specific Subscription agreements. As a Property Owner, you agree to be bound by the conditions of the specific subscription plan you choose, the incentives program rules as outlined in the various parts of the Open ARMS website, as well as those rules and conditions specifically stated within this agreement.
13. Reservation Service Provider (Brokerage or Broker) specific Subscription agreements. As a Reservation Service Provider, you agree to be bound by the conditions of the subscription plan as you define it during the subscription process, the incentives program rules as outlined in the various parts of the Open ARMS website, as well as those rules and conditions specifically stated within this agreement. You also agree that the information you provide in regards to the number of chargeable items (brokers, subscriber units, non-subscriber units, etc.) that are assessed during the subscription process are true and accurate to the best of your knowledge. You agree to include an accurate count of all brokers employed within your brokerage who will be responsible for using the Open ARMS Service to view availability, book or cancel any property or unit accessible via your calendar. Open ARMS reserves the right to bill for additional properties or units as they show up on your calendar if they are in excess of the number of units included in your plan. Unauthorized use of a named subscribers log in by anyone other than the named subscriber to the Open ARMS system is expressly forbidden, and may result in the immediate cancellation of any and all subscriptions to Open ARMS Service(s). Adding additional brokers after the fact is available directly from your account screens, however additional charges may apply. Confirmation and payment of any additional charges, and agreement to the terms, will be required at the time of the creation of a new broker. In the event that a named account holder (broker) leaves the employ of, or changes status within the host brokerage such that they will no longer access the Open ARMS Service in any way, a credit balance will be assessed based on the remainder of the subscription period. This credit can be held in abeyance until such time as a replacement user (broker) is named and added to the subscription, or until the current subscription period runs out. If no replacement user is named before the end of the current subscription period, the credit will be applied to the coming year.
14. Property Owner and Broker Invitation Referral Policy
Proprietary Rights You
acknowledge and agree that the Open ARMS Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by Open ARMS or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
I have read the Open ARMS Subscriber Agreement and:
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