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Terms of Service
Last updated: April 1, 2022
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “TERMS OF SERVICE”) CAREFULLY. THIS WEBSITE AND ANY OTHER WEBSITES OR PRODUCTS OF OD HOMES BROKERAGE INC. (“OD HOMES BROKERAGE”, “WE” OR “US”), ITS AFFILIATES OR AGENTS, THAT LINK TO THESE TERMS OF SERVICE (COLLECTIVELY, THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY OD HOMES BROKERAGE. THESE TERMS OF SERVICE GOVERN THE USE OF THE WEBSITE AND OD HOMES BROKERAGE MOBILE APPLICATION (“APPLICATION”) AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE AND/OR DOWNLOADING THE APPLICATION, OR ACCESSING OR USING THE WEBSITE OR APPLICATION IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND/OR APPLICATION (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU, WHETHER YOU ARE A BORROWER OR AN AGENT, HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OD HOMES BROKERAGE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, APPLICATION, OR THE SERVICES.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Service and any applicable Supplemental Terms are referred to herein as the “Terms.”
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY OD Homes Brokerage IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, OD Homes Brokerage will make a new copy of the Terms of Service available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or Application. We will also update the “Last Updated” date at the top of the Terms of Service. OD Homes Brokerage may require you to provide consent to the updated Terms in a specified manner before further use of the Website, Application, and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), OD Homes Brokerage may, at its discretion, require you to stop using the Website, Application, and/or the Services. Otherwise, your continued use of the Website, Application, and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
I. OD Homes Brokerage Services
i. Generally.
You may use the OD Homes Brokerage Services as a Borrower or an Agent, as described below. Note that when we use the term “you” throughout these Terms, “you” refers to you, as an Agent or as a Borrower, unless otherwise specified as applying only to Agents or only to Borrowers.
ii. Borrowers.
The OD Homes Brokerage Services offer potential homebuyers (each, a “Borrower” and collectively, the “Borrowers”) the ability to search and find home financing options, generate and send loan approval letters, and connect and chat with loan officers. Our OD Homes Brokerage chatbot will ask Borrowers questions, run checks based on those responses on credit, income, asset, liability, employment, tax, and other data to determine eligibility and select home financing options that may be of interest to each Borrower. Once a Borrower has selected a loan program, the Services will generate a pre-approval letter from OD Homes Brokerage Inc., which then can be emailed and shared via app to the individual designated as the Borrower’s real estate agent within the Services (“Agent”). After a Borrower has engaged with the application, the Borrower will be connected to a loan officer who will provide guidance through the remainder of the home financing process.
iii. Agents.
The OD Homes Brokerage Services allow you, as an Agent, to stay updated on the activity of one (1) or more of your clients, Borrower(s), with respect to their use of the OD Homes Brokerage Services.
iv. No Guarantees for Borrowers
USE OF OUR SERVICES DOES NOT GUARANTEE THAT BORROWERS WILL QUALIFY FOR A LOAN, THAT WE WILL BE ABLE TO MATCH A BORROWER WITH A CERTAIN LENDER OR ANY LENDER, AND/OR THAT A BORROWER WILL BE APPROVED FOR A LOAN IN A CERTAIN AMOUNT. IN ORDER TO SEE IF YOU, AS A BORROWER, QUALIFY FOR A LOAN, THE OD HOMES BROKERAGE CHATBOT WILL ASK BORROWERS CERTAIN HISTORICAL AND FINANCIAL INFORMATION FROM YOU WHICH WE MAY SHARE WITH YOUR AGENT AND POTENTIAL LENDERS. BY SUBMITTING RESPONSES TO SUCH INFORMATION, BORROWERS ACKNOWLEDGE AND AGREE THAT WE MAY PERFORM, AND/OR USE SUCH INFORMATION TO HAVE ONE (1) OR MORE CREDIT REPORTING AGENCIES AND/OR OTHER ELIGIBILITY VERIFICATION AGENCIES OR SERVICES (EACH, A “CREDIT CHECK AGENCY”) PERFORM A CREDIT CHECK, VERIFICATION OF INCOME, AND/OR VERIFICATION OF EMPLOYMENT (COLLECTIVELY, A “CREDIT REPORT”), AND THAT A BORROWER’S CREDIT REPORT MAY BE USED TO VERIFY YOUR ELIGIBILITY FOR THE LOAN FOR WHICH YOU HAVE APPLIED AND TO CONFIRM YOUR IDENTITY TO AVOID FRAUDULENT TRANSACTIONS IN YOUR NAME.
v. Application Data
In completing and submitting an application for a loan, Borrowers agree to (1) provide true, accurate, current and complete information about yourself as prompted by the OD Homes Brokerage chatbot and/or loan officer; and (2) maintain and promptly update any such data or information, as necessary, to keep it true, accurate, current and complete. If any information you, as the Borrower, provide is untrue, inaccurate, not current or incomplete, we have the right to terminate your loan application and/or your access to the Services. In addition, you, as the Borrower, agree to notify us if any changes in any application data is required to be made. When you submit a loan application, you agree to cooperate in the application process, including by submitting all required documentation in a timely manner, and if needed, to obtain information we may need from third parties, including but not limited to your Agent. As the Borrower, you acknowledge and agree that our ability to facilitate the processing and closing of your loan(s) depends on such cooperation.
vi. Credit Checks
The ultimate decision as to whether any individual may be approved for a loan is solely within each lender’s discretion. As the Borrower, you acknowledge and agree that, as between OD Homes Brokerage and the Credit Check Agency, the Credit Check Agency is solely responsible for each Credit Report and the content thereof, including the accuracy, completeness, timeliness and reliability thereof. OD HOMES BROKERAGE DOES NOT PROVIDE AND THEREFORE IS NOT RESPONSIBLE FOR ANY CREDIT REPORTS ISSUED OR GENERATED BY ANY CREDIT CHECK AGENCIES.
vii. Sharing of Information with Lenders
Borrowers agree that we may disclose, exchange and otherwise provide to our lender partners any and all information collected by us for the purpose of evaluating your ability to qualify for a loan. For more information about our information collection, use, and disclosure practices, please visit our Privacy Policy.
II. Registration
i. Registering Your Account
In order to access certain features of Services, you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website or Application (“Account”)
ii. Inviting Co-Borrowers to Register Account
Registered Users may invite co-borrowers to register for an Account on the Website or Application, allowing such co-borrowers to accept invitations to be a part of a Borrower’s mortgage pre-approval; chat, generate, or see joint Max Buying Power™; or apply for a mortgage on a joint application and communicate with the loan officer.
iii. Registration Data
In registering an account with the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the“Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Website, Application, or Services (collectively, the “OD Homes Brokerage Properties”) under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time.
iv. Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Application. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Services.
3. Ownership
i. OD Homes Brokerage Properties
Except with respect to the information or data you submit through the Services (collectively, “Your Data”), you agree that OD Homes Brokerage and its suppliers own all rights, title and interest in OD Homes Brokerage Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Application, the Services, or OD Homes Brokerage Properties.
ii. License to Your Data
Subject to any applicable account settings that you select, you grant OD Homes Brokerage a fully paid, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, distribute, and reproduce Your Data (in whole or in part) for the purposes of operating and providing the Services. You agree that you, not OD Homes Brokerage, are responsible for all of Your Data that you make available on or in OD Homes Brokerage Properties.
iii. Feedback
You agree that submission of any ideas, suggestions, criticisms, documents, and/or proposals to OD Homes Brokerage through its suggestion, feedback, wiki, forum or similar pages ( “Feedback” ) is at your own risk and that OD Homes Brokerage has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to OD Homes Brokerage a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of OD Homes Brokerage Properties.
IV. User Conduct. You agree that you will not, under any circumstances:
You agree that you will not, under any circumstances:
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Attempt to access or use another user’s Account without authorization;
  • Create or use a false identity;
  • Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
  • Stalk or otherwise harass any other user of our OD Homes Brokerage Properties; or
  • Make available any data, information, or content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
  • Interfere or attempt to interfere with the proper functioning of OD Homes Brokerage Properties or connect to or use OD Homes Brokerage Properties in any way not expressly permitted by the Terms;
  • Systematically retrieve data or other content from our OD Homes Brokerage Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
  • Use, display, mirror or frame OD Homes Brokerage Properties, or any individual element within OD Homes Brokerage Properties, OD Homes Brokerage’s name, any OD Homes Brokerage trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OD Homes Brokerage’s express written consent;
  • Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through OD Homes Brokerage Properties or that is in transit from or to OD Homes Brokerage Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by OD Homes Brokerage Properties;
  • Use, facilitate, create, or maintain any unauthorized connection to OD Homes Brokerage Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of OD Homes Brokerage Properties; or (ii) any connection using programs, tools or software not expressly approved by OD Homes Brokerage;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide OD Homes Brokerage Properties, or to obtain any information from OD Homes Brokerage Properties;
  • Upload, post, email, transmit or otherwise make available any 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; or
  • Engage in any other objectionable conduct as determined by OD Homes Brokerage in our sole discretion.
5. Indemnification
You agree to indemnify and hold OD Homes Brokerage, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “OD Homes Brokerage Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Data, including any inaccuracies therein; (b) your use of, or inability to use, OD Homes Brokerage Properties; (c) your violation of the Terms; (d) your violation of any rights of another party; (e) your violation of any applicable laws, rules or regulations; or (f) your breach of violation of any loan agreement to which you are bound. OD Homes Brokerage reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with OD Homes Brokerage in asserting any available defenses. This provision does not require you to indemnify any of the OD Homes Brokerage Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to OD Homes Brokerage Properties.
6. As Is
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OD HOMES BROKERAGE PROPERTIES IS AT YOUR SOLE RISK, AND OD HOMES BROKERAGE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OD HOMES BROKERAGE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE OR SERVICES.
OD HOMES BROKERAGE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) OD HOMES BROKERAGE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF OD HOMES BROKERAGE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OD HOMES BROKERAGE PROPERTIES WILL BE ACCURATE OR RELIABLE.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. OD HOMES BROKERAGE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OD HOMES BROKERAGE OR THROUGH OD HOMES BROKERAGE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, OD HOMES BROKERAGE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OD HOMES BROKERAGE’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
VII. Limitation of Liability
i. Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OD HOMES BROKERAGE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OD HOMES BROKERAGE PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT OD HOMES BROKERAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF OD HOMES BROKERAGE PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OD HOMES BROKERAGE PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH OD HOMES BROKERAGE PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OD HOMES BROKERAGE PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO OD HOMES BROKERAGE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A OD HOMES BROKERAGE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A OD HOMES BROKERAGE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A OD HOMES BROKERAGE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ii. Disclaimers Regarding Loans
BORROWERS ACKNOWLEDGE AND AGREE THAT OD HOMES BROKERAGE PARTIES ARE NOT RESPONSIBLE FOR ANY DELAYS IN PROCESSING OR CLOSING YOUR LOANS DUE TO: (A) OUR UNTIMELY RECEIPT OF AN ACCEPTABLE APPRAISAL; (B) OUR UNTIMELY RECEIPT OF REQUIRED DOCUMENTATION FROM YOU OR ANY THIRD PARTY; (C) THE FAILURE OF YOUR CURRENT HOME TO BE SOLD IN A TIMELY MANNER; (D) MATTERS DISCLOSED BY A TITLE COMMITMENT OR SURVEY; (E) ANY FAILURE OR DELAY CAUSED BY A TITLE AND ESCROW COMPANY OR REPRESENTATIVE, AND/OR OTHER MATTERS RELATING TO TITLE AND ESCROW; OR (F) ANY OTHER MATTERS BEYOND OUR REASONABLE CONTROL.
iii. Cap on Liability
UNDER NO CIRCUMSTANCES WILL OD HOMES BROKERAGE PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A OD HOMES BROKERAGE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A OD HOMES BROKERAGE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A OD HOMES BROKERAGE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
iv. Basis of the Bargain
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OD HOMES BROKERAGE AND YOU.
8. Remedies
i. Violations
If OD Homes Brokerage becomes aware of any possible violations by you of the Terms, OD Homes Brokerage reserves the right to investigate such violations. If, as a result of the investigation, OD Homes Brokerage believes that criminal activity has occurred, OD Homes Brokerage reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. OD Homes Brokerage is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in OD Homes Brokerage Properties, including Your Data, in OD Homes Brokerage’s possession in connection with your use of OD Homes Brokerage Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Data violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of OD Homes Brokerage, its Users or the public, and all enforcement or other government officials, as OD Homes Brokerage in its sole discretion believes to be necessary or appropriate.
ii. Breach
In the event that OD Homes Brokerage determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for OD Homes Brokerage Properties, OD Homes Brokerage reserves the right to:
  • Warn you via email (to any email address you have provided to OD Homes Brokerage) that you have violated the Terms;
  • Delete any of Your Data provided to OD Homes Brokerage Properties;
  • Terminate your pending loan application(s) if you are a Borrower;
  • Discontinue your access to any Services;
  • Notify and/or send Your Data to and/or fully cooperate with the proper law enforcement authorities for further action;
  • File a reporting with any and all appropriate Credit Check Agencies; and/or
  • Pursue any other action which OD Homes Brokerage deems to be appropriate.
IX. Term and Termination
i. Term
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use OD Homes Brokerage Properties, unless terminated earlier in accordance with the Terms.
ii. Prior Use
Notwithstanding the foregoing, if you used OD Homes Brokerage Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used OD Homes Brokerage Properties (whichever is earlier) and will remain in full force and effect while you use OD Homes Brokerage Properties, unless earlier terminated in accordance with the Terms.
iii. Termination of Services by OD Homes Brokerage
OD Homes Brokerage has the right to, immediately and without notice, suspend or terminate any Services provided to you, and take any action as set forth in Section 9.2. You agree that all terminations shall be made in OD Homes Brokerage’s sole discretion and that OD Homes Brokerage shall not be liable to you or any third party for any termination of your Account, including any requirement with respect to any lender or potential lender.
iv. Termination of Services by You
THE SERVICES WILL CONTINUE UNTIL TERMINATED BY US OR BY YOU IN ACCORDANCE WITH THIS SECTION. If you want to terminate the Services provided by OD Homes Brokerage, you may do so by closing your Account for all of the Services that you use.
v. Effect of Termination
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Data associated therewith from our live databases. OD Homes Brokerage will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Data. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. TERMINATION OF THE SERVICES BY EITHER YOU OR OD Homes Brokerage WILL NOT CANCEL OR REDUCE ANY CHARGES OR FEES THAT CONTINUE TO BE DUE AND PAYABLE TO OD HOMES BROKERAGE.
vi. No Subsequent Registration
If your registration(s) with or ability to access OD Homes Brokerage Properties, or any other OD Homes Brokerage community is discontinued by OD Homes Brokerage due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with or access OD Homes Brokerage Properties or any OD Homes Brokerage community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those OD Homes Brokerage Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, OD Homes Brokerage reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
X. General Provisions
i. Release
You hereby release OD Homes Brokerage Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage that is either directly or indirectly related to or arises from your acts or omissions under your loan agreement, or any dispute between you and your lender and/or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a OD Homes Brokerage Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
ii. Assignment
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without OD Homes Brokerage’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
iii. Force Majeure
OD Homes Brokerage shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
iv. Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to OD Homes Brokerage Properties, please contact us at: 1-800-267-6103. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
v. Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and OD Homes Brokerage agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in San Francisco County, California.
vi. Governing Law
THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
vii. Notice
Where OD Homes Brokerage requires that you provide an email address, you are responsible for providing OD Homes Brokerage with your most current email address. In the event that the last email address you provided to OD Homes Brokerage is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, OD Homes Brokerage’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to OD Homes Brokerage at the following email address: [email protected] Such notice shall be deemed given when received by OD Homes Brokerage by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
viii. Waiver
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
ix. Severability
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
x. Consumer Complaints
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.
xi. Entire Agreement
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.