9. Additional Legal Terms
a. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
b. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement; provided that the Services will also be subject to the terms and conditions of any documents and disclosures provided in connection with the Services (the “ Services Documents”) and in the event of any conflict, the Services Documents will control. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Opendoor Home Loans services.
d. No Waiver. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
e. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
f. International Matters. Opendoor Home Loans is controlled and operated from our United States offices in Texas. The Services, including software from Opendoor, are further subject to United States export controls. No Services, including software from Opendoor, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
g. Complaint Regarding Copyright Infringement. If you are a copyright holder and believe your work has been used on the Site in a way that constitutes copyright infringement, please contact our Copyright Agent with the following information: (i) your name, address, phone number, and email address, so that we can reach you; (ii) identification of the copyrighted work(s) you believe to be infringed; (iii) identification of the material on the Sites you believe is infringing, including a location description (e.g., a URL); (iv) a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information you provided is accurate; (v) a statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a physical or electronic signature. Send your infringement notices to:
- Opendoor Labs Inc.
- Legal Department
- 410 N. Scottsdale Road, Suite 1600
- Tempe, AZ 85281
If you believe in good faith that a claim has been wrongly made against you, the Digital Millennium Copyright Act permits you to submit a counter-notification to Opendoor Home Loans. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which Opendoor Home Loans may be found, and that you will accept service of process from the person who notified Opendoor Home Loans of the alleged infringement or an agent of such person.
We expect all users of any part of the Services to comply with applicable copyright laws.