Terms and Conditions of Service and Use
Owners.com is a website owned by Owners Advantage LLC, a California limited liability company (Owners Advantage).
On this website, Owners Advantage and its wholly owned subsidiary, Owners Realty, Inc., a California corporation (Owners Realty) provide
services (collectively, the Services) under the following terms and conditions of service
and use (the Terms). Please read them carefully. You understand and acknowledge
that the Services are provided to you exclusively under these Terms. By accessing
and using the Services, you agree that you have read and understand the Terms and
that you agree to be bound by them, without limitation or qualification. As used
on this website, the terms "we", "us", and "our" refer to Owners Advantage and Owners Realty.
MODIFICATIONS TO THE TERMS
We may change the Terms from time to time. We will notify you of any
such changes via e-mail or by posting the changes or a link to the updated Terms on the Owners.com home
page. If you object to any such changes, your sole recourse will be to stop
using the Services. Continued use of the Services following notice of any such
changes will indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes, without limitation or qualification.
MODIFICATIONS TO THE SERVICES
We reserve the right to modify or discontinue (temporarily or permanently) the
Services (or any part thereof) with or without notice to you. We shall not be
liable to you or any third party if we exercise our right to modify or discontinue
the Services. If you object to any such changes, your sole recourse shall be to
cease using the Services. Continued use of the Services following notice of any
such changes shall indicate your acknowledgement of such changes and satisfaction
with the Services as so modified.
As part of the registration process, you will be asked to provide certain personal
information to us. All uses of your personal information will be in accordance
with the provisions of our
YOUR ACCOUNT, PASSWORD, AND SECURITY
You are responsible for maintaining the confidentiality of your username and password,
and you are solely responsible for all activities that occur under your username and
password. We recommend that you memorize this information, and not write it down. You
agree to immediately notify us of any unauthorized use of your username and password
or any other breach of security related to the Services. WE WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR
USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
In providing us with information during the registration process, you agree to provide
true, accurate, current and complete information as prompted and to maintain and update
such information to keep it true, accurate, current and complete at all times. If any
information you provide is untrue, inaccurate, not current or incomplete, or if we
reasonably believe so, we may suspend or terminate your access to and use of the Services,
and refuse to provide any current or future Services to you.
You acknowledge that you are over 18 years of age. You are responsible for obtaining
and maintaining all telephone, computer hardware and other equipment needed for access
to and use of the Services and all charges related thereto. You are solely responsible
for all acts or omissions that occur under your account or password, including for all
Content (as defined below) that you (or anyone using your account) submit, post or transmit
through the Services. You agree not to use the Services to do any of the following:
- post images from other websites;
- insert links to other websites;
- use any software or computer code to alter the design, layout, or any other visual elements of any of our web pages;
- use our website to promote or advertise anything except the sale of your single property advertised in our listing service pages;
- collect information (such as name, address, and contact information) about sellers or their properties by any manual or automatic means for any purpose other than to consider making an offer to buy the relevant property;
- violate any local, state, national or international law;
- stalk, harass or harm another individual;
- collect or store personal data about other users;
- impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt the Services or servers or networks connected to the Owners.com Website or the other Services, or disobey any requirements, procedures, policies or regulations of networks connected to our network; and
- submit, post, store or transmit any (a) Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, racist, sexist, homophobic, or ethnically or
otherwise objectionable; (b) Content that you do not have a right to transmit under any
law or under contractual or fiduciary relationships; (c) Content that infringes the
intellectual property rights of a third party; or (d) material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications equipment.
THIRD PARTY CONTENT AND MONITORING
We are a distributor (and not a publisher) of Content supplied by third parties and users
of the Services. Accordingly, we have no editorial control over the Content. Any opinions,
advice, statements, services, offers, or other information or Content expressed or made
available by third parties, including information provided by other users of the Services,
are those of the respective author(s) or distributor(s) of that information and not of Owners Advantage or Owners Realty.
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice,
information, or statement made on the Owners.com Website or utilizing the Services by anyone
other than spokespeople authorized by us while acting in their official capacities. We
have the right, but not the obligation, to monitor and review the Content on the Owners.com
Website and provided through use of the Services and your account to determine compliance
with these Terms and any other operating rules established by us, to satisfy any law, regulation
or authorized government request, or for other purposes. You understand and acknowledge that
we do not pre-screen or monitor Content for accuracy or reliability, but that we and our
designees shall have the right (but not the obligation) in our sole discretion to remove
any Content from the Services, without liability to you for any reason. Without limiting the
foregoing, we and our designees shall have the right to remove any Content that violates the
Terms, that we believe may create liability for us, or that we deem otherwise objectionable.
DEALINGS WITH PARTNERS AND ADVERTISERS; MULTIPLE LISTING SERVICES
Your correspondence or business dealings with, participation in promotions of, or purchase
of goods or services from our partners, advertisers, or sponsors found through the
Services, and any terms, conditions, warranties or representations associated with such dealings,
are solely between you and such partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT WE WILL
NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT
OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS
ON OR THROUGH THE SERVICES.
Whenever you use the Services to advertise your property on a multiple listing service (MLS)
that notifies local brokers that your home is for sale, your agreement for such Services is with Owners Realty,
not Owners Advantage, and Owners Realty, not Owners Advantage, will have the obligation to provide such services
to you. Owners Realty is a licensed real-estate broker in California (CA DRE Lic. #01910900).
We do not provide MLS listing services; rather, Owners Realty undertakes to arrange for you to enter into an
agreement for such services with a local, licensed broker or agent.
Our provision of a link to any other Website or location is for your convenience and does not
signify our endorsement of such other Website or location or its contents. Any concerns you
may have regarding any external link should be directed to that link's Website administrator
or webmaster. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT
ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
We do not condone or allow spam. We prohibit you from using the Services to promote your own
Website or any business, product or service through the sending of unsolicited email. We reserve
the right to investigate and terminate your rights under this Agreement.
USE AND STORAGE
You acknowledge and agree that we may establish general practices and limits concerning use of
the Services, including, without limitation, the maximum number of days that information, data,
account history or other uploaded Content will be retained by the Services and the maximum number
of times (and the maximum duration for which) you may access the Services in a given period of time.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Services, use of the Services or access to the Services. The
Services are provided for your personal, noncommercial use only.
You agree that we, in our sole discretion, may terminate your password, account (or any
part thereof) or access to and use of the Services, and remove and discard any information
posted by you on or through the Services, for any reason or no reason, with or without
notice and effective immediately, including, without limitation, if we believe that you
have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge
and agree that we may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files or the
Services. You agree that we may terminate your account if it remains inactive for an extended
period of time. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation
in and access to the Services at any time.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT
TO THE SERVICES.
WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR
QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES
WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE OWNERS.COM
WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.
WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES,
AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES
OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR
FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW,
IN NO EVENT WILL OWNERS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES,
AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO:
- the use or the inability to use the Services;
- the cost of procurement of substitute goods and services resulting from any
goods, data, information or services purchased or obtained or transactions entered into through
or from the Services;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on or through the Services, including
threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's
rights, including intellectual property rights;
- your failure to adequately safeguard your password or access to the Services;
- any Content you access through the services, including, but not limited to,
for any errors or omissions in any Content, or your use of or reliance on any Content posted,
emailed or otherwise transmitted through the Services;
- termination of your access to or use of the Services as provided herein;
- the deletion or failure to store any information or data, communications or
Content maintained or transmitted by or through the Services;
- any modification, suspension or discontinuance of the Services (or any part
thereof) or these terms;
- use of or reliance on any Content, goods or services available on any other
Websites that you access through the Services; and
- any other matter relating to the Services or these Terms.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion
of liability for incidental or consequential damages. Accordingly, some of the above limitations
and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law,
disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and
the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless Owners Advantage and Owners Realty and their parents, subsidiaries, affiliates,
officers, directors, co-branders or other partners, employees, consultants, and agents from and against
any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including
reasonable attorneys' fees) that such parties may incur as a result of or arising from (1) any
information or Content (as defined below) that you (or anyone using your account) submits, posts
or transmits through the Services, (2) your (or anyone using your account's) use of the Services,
(3) your (or anyone using your account's) violation of these Terms, (4) your (or anyone using your
account's) violation of any rights of any other person or entity or (5) any viruses, trojan horses,
worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by
you into the Owners.com Website or other Services.
Certain of the names, logos, and other materials displayed on the Owners.com website constitute our trademarks,
trade names, service marks, or logos (Marks)
or those of other entities. You are not authorized to use any such Marks. Ownership of all
such Marks and the goodwill associated therewith remains with us or those other entities.
COPYRIGHTS; RESTRICTIONS ON USE
The content of the Services, including without limitation, text, software, music, sound, photos,
graphics, video, page layout and design and other material contained in the Services or information
presented through the Services by us or its licensors (the Content), is copyrighted by
us or our licensors under United States and international copyright laws, is subject
to other intellectual property and proprietary rights and laws, including trademark and patent
laws, and is owned by us or our licensors. The Content may not be copied, modified, reproduced,
republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way
without the prior written permission of Owners Advantage and our applicable licensors. You must abide
by all copyright notices, information, or restrictions contained in or attached to any Content.
You hereby grant us and our successors and assigns, a worldwide, perpetual, irrevocable,
royalty-free, sublicenseable right, in any media now known or currently known, to exercise all
copyright and other intellectual property rights with respect the Content you provide to us to be
published on the Owners.com Website or on or through the Services or otherwise through the
Services, to use, distribute, display, reproduce, modify and create derivative works from such
material, in any and all media, in any manner, in whole or in part, without any duty to account
to you. For example, we may submit your property listing information to other websites to be listed
there. If we do that, it is part of the Services. However, if another website rejects the listing for
any reason, we have no duty to do anything about it and you have no recourse against us. The foregoing
does not apply to Content contained on hyper linked pages or any other Content you do not submit to us.
We may offer customers the option of registering a custom internet domain name (ex: ) to showcase a property listing.
Users of such services should be aware of ICANN's Registrant Rights and Responsibilities.
The Terms constitute the entire and exclusive and final statement of the agreement between you
and us with respect to the subject matter hereof, and govern your use of the Services,
superseding any prior agreements or negotiations between you and us with respect to the
subject matter hereof. The Terms and the relationship between you and us will be governed
by the laws of the State of California as applied to agreements made, entered into, and performed
entirely in California by California residents, notwithstanding your actual place of residence.
All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the
Federal or state courts having jurisdiction over San Francisco County, California and you and
Owners hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such
purpose. Our failure to exercise or enforce any right or provision of the Terms shall not constitute
a waiver of such right or provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and that
the other provisions of the Terms remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out of or related
to use of the Services or the Terms must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in the Terms are for convenience only
and have no legal or contractual effect.
The provisions of Sections 4, 6, 7, 8, and 10 through 19, as well as any other limitations on
liability explicitly set forth herein shall survive the expiration or earlier termination of
the Terms for any reason. Our (and our licensors') proprietary rights (including any
and all intellectual property rights) in and to the Content and the Services will survive the
expiration or earlier termination of the Terms for any reason.
Please report any violations of the Terms to us at
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