By visiting WOS web sites, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by any of these terms, please do not visit any of the WOS web sites or pages.
By using any of the WOS Internet services, you acknowledge that WOS is not a real estate broker, mortgage broker or mortgage lender. WOS offers you access to the WOS web sites in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by WOS from time-to-time. WOS refers to these terms, conditions, and notices, whether modified or unmodified, as the "Agreement" or as the "Terms of Use". WOS reserves the right to modify in its sole discretion this Agreement and/or the WOS web sites without providing notification. You are responsible for regularly reviewing this Agreement. You can review the most current version of the Agreement at any time at http://www.WhatsOpenSunday.com/termsandconditions.htm. BY VISITING OR USING ANY PART OF THE WOS WEB SITES, EXCEPT FOR THE HOME PAGE AND THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS IS A BINDING CONTRACT BETWEEN WOS AND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THE WOS WEB SITES. ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEB SITES OR WEB PAGES WITHIN THE WOS WEB SITES.
Your use of certain web sites and/or web pages within the WOS web sites may be subject to additional terms that are specific to such web sites and/or web pages (the "Specific Terms") as either contained (i) on this page and/or (ii) on such web sites and/or web pages.
WOS receives the information on its web site from real estate brokers and agents, from individuals desiring to sell their homes, from lenders and mortgage companies, other vendors, and from agents or representatives of some or all of the foregoing. The WOS web site is intended to be a compilation of information received from prospective sellers and sellers' agents and lenders and lenders' agents. WOS makes available such content and information for the sole purpose of aiding you, the individual consumer. Thus, WOS cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information. WOS DOES NOT AND CANNOT VERIFY THE ACCURACY AND COMPLETENESS OF THE OPEN HOUSE AND LENDING INFORMATION COMPILED ON ITS WEB SITE.
For your convenience, the WOS Web Sites contain content and information from affiliates and/or links to other web sites ("Affiliate Content"). Such content is not under the control of WOS and WOS is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. WOS is providing such content and/or links to you only as a convenience, and the inclusion of such content and/or links does not imply endorsement by WOS of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or sites.
The WOS web sites may from time-to-time include links to a number of venues designed to enable you to exchange thoughts and opinions with other members of the public ("Public Content"). Since WOS firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor such thoughts and opinions. Therefore, WOS cannot guarantee the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of such thoughts and opinions. You are responsible for confirming the sufficiency and reliability of any such thoughts or opinions you may use or rely upon. If you wish to inform WOS of any Public Content that may indicate copyright infringement by any person or entity, please forward your notification to: admin@whatsopensunday.com
Any financial or mortgage information available on or through the WOS web sites is provided by commercial entities who have been given access to the WOS web site. Nothing stated on the WOS web site is an offer to lend, and any interest rates shown or accessible on the WOS web site are for demonstration purposes only. You should contact the financial and mortgage institutions directly for more information regarding financial and mortgage options that may be available to you. The links provided may not directly access each and every Specific Term that governs the use of each and every web site and/or web page that can be accessed from the WOS web sites. Therefore, upon accessing any web site or web page within the WOS web sites, please review any and all relevant terms and conditions that may be displayed on or linked from such web site or web page. In the event that (i) a Specific Term contained on such web sites and/or web pages or (ii) any other term or guideline contained within the WOS web sites conflicts with this Agreement, this Agreement shall control.
Except where we specify otherwise, WOS offers you access to the WOS web sites solely for your personal and non-commercial uses. You promise that you will not use the WOS web sites, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the WOS web sites. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the WOS web sites in any manner that could damage, disable, overburden, or impair the WOS web sites or interfere with any other party's use and enjoyment of the WOS web sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WOS web sites.
If and when requested by WOS, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of WOS, you agree that you will not access or attempt to access password protected, secure or non-public areas of the WOS web sites. Unauthorized individuals attempting to access prohibited areas of the WOS web sites may be subject to prosecution. Except with the written permission of WOS, you agree that you will not create links from any web site or web page to any page within the WOS web sites. The origin of any such link to the WOS web sites homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the WOS web sites homepage. You agree that if WOS, in its sole and unfettered discretion, requests in writing that you remove any link or links to the WOS web sites, you will promptly do so. You agree that, if you create any link to the WOS web sites, you will not employ any technology that results in the placement of content from the WOS web sites in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the WOS web sites from how they would appear if a user typed in their URL to a typical browser line.
You agree that WOS may in its sole discretion and at any time terminate your access to and use of the WOS web sites, or any part thereof, with or without notice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO WOS CONTENT, AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY WOS THROUGH THE WOS WEB SITES IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WOS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. WOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WOS SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WOS WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
The information, software, products and services published on this site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. WOS, its affiliates and/or its suppliers may make improvements and/or changes in this site at any time.
In order for you to participate in certain services that WOS provides through the WOS Web Sites, WOS will require that you provide specific information about yourself (the "WOS Requested Information"). If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. WOS is committed to maintaining the privacy and security of any and all such information that you provide to WOS through the WOS web sites.
With respect to consumers, WOS promises that it will not sell, share or disclose any user information to any other person or entity without the user's consent.
With respect to vendors and realtors, WOS agrees that any account information provided will not be available to users of WOS web sites. Except as otherwise stated herein, it is the intent of WOS to make available only that information that vendors and realtors desire to make public.
YOU AGREE TO DEFEND AND INDEMNIFY WOS AND ITS SUPPLIERS, AFFILIATES, SUBSIDIARIES AND EMPLOYEES, AND TO HOLD THEM HARMLESS, FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION THAT YOU PROVIDE FOR ACCESS TO WOS' WEB SITE USERS.
By posting content to the WOS web sites, you grant WOS a non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through web sites controlled by WOS, including but not limited to the WOS web sites, and co-branded or mirrored versions of such sites, and in WOS' promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.
You acknowledge that while WOS does not pre-screen content posted by you to the WOS web sites, WOS and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to the WOS web sites. Without limiting the foregoing, WOS and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to any or all of the WOS web sites at any time without notice for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any content you post to the WOS web sites, including any reliance on the accuracy, completeness, or usefulness of such content.
WOS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
By posting, uploading, inputting, providing or submitting content to the WOS web sites, you warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such content.
A number of commercial services, such as financial and contractor services, are offered by third parties through the WOS web sites. You acknowledge that, by permitting such services to be offered through the WOS web sites, WOS is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to WOS. In order for WOS to distribute your information and facilitate contacts between you and such third parties, you hereby grant WOS permission to disclose any and all of the information that you provide to WOS to any such third party that WOS, in its sole discretion, deems relevant and appropriate.
You promise that you will not use the WOS web sites to:
(a) post, upload or otherwise transmit any content not related to appropriate subject matters;
(b) post, upload or otherwise transmit any content which is misleading to others, including consumers;
(c) post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;
(e) post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) post, upload or otherwise transmit any materials that contain 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
(g) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
Any information that you provide to WOS must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through the WOS web sites unless you intend, in good faith, to contract with such third party for the use of such service.
This Agreement is governed by the laws of the State of Ohio, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Franklin County, Ohio and/or the Southern District of Ohio in all disputes arising out of or relating to the use of the WOS web sites. Use of the WOS web sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
WOS is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release WOS (and its affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WOS as a result of this Agreement or use of the WOS web sites. WOS' performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of WOS' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WOS web sites or information provided to or gathered by WOS with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and WOS with respect to the WOS web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WOS with respect to the WOS web sites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
IN NO EVENT SHALL WOS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WOS WEB SITES, WITH THE DELAY OR INABILITY TO USE THE WOS WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WOS WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WOS WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WOS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WOS WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WOS WEB SITES.
You agree to indemnify, defend and hold harmless WOS, its partners, owners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.
All materials on the WOS Web Sites (as well as the organization and layout of the WOS Web Sites) are protected by applicable intellectual property or other laws, and are owned and/or licensed by WOS, its affiliates or its suppliers. No reproduction, distribution, or transmission of the protected materials of the WOS Web Sites is permitted without the written permission of WOS. Any rights not expressly granted herein are reserved.
"What's Open Sunday," "What's Open Saturday" and "What's Open This Weekend," as well as corresponding logos, are trademarks and service marks of WOS, LLC. WOS, LLC may also claim trademark and service mark rights in other marks contained on the WOS web sites.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to address listed below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Calfee, Halter & Griswold, LLP
East State Street
Columbus Ohio
Copyright 2004(c), WOS, LLC, all rights reserved
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