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PlanOpen.com Terms of Service


The terms and conditions set forth herein constitute the full and complete agreement between you and Colvin Enterprises, LLC (doing business as and hereinafter referred to as "PlanOpen.com”) Your agreement to be bound by these terms is acknowledged by your use of the PlanOpen.com Web Site, Services, Support and/or any PlanOpen.com software made available to you. The terms contained herein supercede and replace any other agreement or negotiation between you and PlanOpen.com whether oral, written or otherwise including any statements made by any representative of PlanOpen.com at any time.


1 FEES           
1.1 There is presently no fee for the use of the PlanOpen.com service for either the placement of open house listings or for viewing open house listings. Furthermore, there is presently no plan to implement such a fee. Nevertheless, PlanOpen.com reserves the right to institute a fee for various aspects of the service in the future and/or to alter, change, amend or delete fees at its sole option. PlanOpen.com further reserves the right to institute new services and charge fees in association with the provision of such new services without advance notice as it deems appropriate.


2 PLAN OPEN SERVICES
2.1 - Placing an Open House Listings
2.1.1 Service - PlanOpen.com provides the service of facilitating communications between home buyers, sellers and renters concerning properties for sale or for rent. Under the terms provided herein upon the creation of your account you are granted a unique URL within the PlanOpen.com server structure wherein you may list in a manner accessible to PlanOpen.com users information concerning residential real estate properties presently offered for sale or rent and scheduled for upcoming open house events.   As a user of this service you are granted a conditional, fully revokable, non-exclusive license to use the service. By posting any material on PlanOpen.com you agree that you are solely responsible for any and all content that you post including any inaccuracies therein and including any injury or damage to any third party including any other user of PlanOpen.com. PlanOpen.com does not create or necessarially review or edit any of the content before any posting is made. The statements made in any entry are those of the posting agent, individual or company only. Notwithstanding the forgong, you agree that PlanOpen.com may delete all or any portion of any content posted which in its sole judgement is illegal, harmful or violative of the rights of third parties or other PlanOpen.com users. You understand that information that you post is posted for the purpose of making such information available on the Internet to potential buyers/renters and to the public in general. You represent and agree that you have the full authority to post all information contained in your listings. You represent and agree that the information that the Membership information thatt you have provided to PlanOpen.com is truthfull and accurate and that you are at least 18 years of age.
2.1.2 License – You continue to own all materials that you post and you may continue to use your materials in any way you choose. You grant to PlanOpen.com a limited, non-exclusive license to use, modify, publically display, publically perform, copy, reproduce, distribute, link to, and market with all posted materials on and for any purpose related to the PlanOpen.com.com website and its products and services.  You are granted a limited, non-exclusive fully revokable license to use the PlanOpen.com.com name and Marks for the sole purpose of designating, identifying and linking to the PlanOpen.com.com website and services.
2.1.3 Prohibited Activity – The following materials are provided as an indication of the type of material that is prohibited in any posting and ay be removed by PlanOpen.com at any time without notice to you. This list is initended to serve as a guide only and is not intended to be exhaustive. Any violation of this section may subject the person responsible for the posting to legal action or termination of any membership or right to make further postings.

  • You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
  • You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so.
  • You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum. PlanOpen.com shall make the sole determination of what is “Inappropriate”.
  • You agree not to make or attempt any unauthorized access to any PlanOpen.com website or the website of any PlanOpen.com customer.
  • You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, other web sites or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  • You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with Lunarpages and for three years thereafter.
  • You agree not to undertake any action which is harmful or potentially harmful to the PlanOpen.com server structure.
  • You agree not to take any action that would affect the display of any PlanOpen.com components of the website including those that may be available on any listing page.
  • You agree that the PlanOpen.com servers including the space occupied by your account is and remains the property of PlanOpen.com. Your limited licenses to use the service is not subject to lease, sublease or any other sharing or transfer without the specific, express consent of PlanOpen.com. You may not make your account or account log-in information available to any third party.
  • You agree not to post any commercial materials other than that related to the identified listing itself.
  • You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (i) any other customer of PlanOpen.com (ii) any user of PlanOpen.com  (iii) any property owner or resident (iv) any employee of PlanOpen.com (iv) any other person.
  • You agree that PlanOpen.com will make the sole determination of any whether these abuse terms have been violated.

2.2 – Viewing Open House Listings - 
2.2.1 Service  - PlanOpen.com provides the service of facilitating communications between home buyers, sellers and renters concerning properties for sale or for rent. As a user of this service you are granted a conditional, fully revokable, non-exclusive license to use the service. By accessing the material on PlanOpen.com you represent that you understand and agree that the materials contained in any listing on the service is provided by third parties that have licensed the material to PlanOpen.com for the spec purpose of it’s use on the PlanOpen.com.com website and the marketing of its related products and services inder a representation that they have all requisite authority to make such representation. You may not use the materials posted on this website for any commercial purpose without the express written consent of the owner of the materials or PlanOpen.com. You represent and agree that you are 18 years of age or older.
2.2.2  PlanOpen.com is an Online Service Provider as that term is defined under relevant Federal laws and serves only to facilitate the transmission of information between buyers, sellers and renters. You agree to use the PlanOpen.com service in a manner that does not violate the laws of the United States or any other State, local or other applicable jurisdiction.


3.0 INFORMATION USAGE AND COMMUNICATIONS
3.1 You hereby consent and agree that as to any information which PlanOpen.com may collect from you and/or maintain with respect to you, including but not limited to your account information, dates of service, address, records, usage statistics, site statistics, services used, related service purchases, correspondence to or from PlanOpen.com concerning you or your account, or other information which in PlanOpen.com sole judgment is reasonable, PlanOpen.com may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of PlanOpen.com and may include but shall not be limited to (1) compliance with court order, subpoena or other request of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the PlanOpen.com Terms of Service or other policies.
3.2 During and after the term of this agreement you agree to receive periodic emails from PlanOpen.com in regards to PlanOpen.com or partner products, services, your account, and system conditions, changes, updates or and schedules.
3.3 You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with PlanOpen.com specifically including your Name, Address, Email address, telephone number billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to termination.


4. NOTICE
4.1 Any notice under this agreement shall be given by PlanOpen.com to you via email at the address provided by you to PlanOpen.com at the commencement of your account or as PlanOpen.com is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting customer service via the PlanOpen.com website located at http://www.PlanOpen.com.com/contact/.
4.2 Any notice by you to PlanOpen.com shall be made by United States certified mail and is effective only upon receipt by PlanOpen.com of any such notice. To the following address:
Colvin Enterprises, LLC
Dba PlanOpen.com
P.O. Box 92735
Long Beach, CA 90809


5 SURVIVAL
Sections 3 - 14, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.


6 WARRANTEES AND LIMITATIONS
6.1 PlanOpen.com makes every reasonable effort to maintain operation of the PlanOpen.com service however because as many events and circumstances are beyond the control of PlanOpen.com, PlanOpen.com does not in any way warrant or otherwise guarantee the availability of the PlanOpen.com system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of PlanOpen.com.
6.2 THE PLANOPEN.COM SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
6.3 In general, PlanOpen.com has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. PlanOpen.com accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. PlanOpen.com provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the PlanOpen.com system.
6.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
6.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO PLANOPEN.COM IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL PLANOPEN.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.


7 INDEMNITY
7.1 You agree to fully defend and indemnify and hold harmless PlanOpen.com of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of PlanOpen.com in any way related to your use of the PlanOpen.com service or any portion thereof.
7.2 You agree to fully defend and indemnify and hold harmless PlanOpen.com of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the PlanOpen.com service or any portion thereof. Choice of counsel remains exclusively that of PlanOpen.com.
7.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless PlanOpen.com of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of PlanOpen.com.


8 FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.


9. U.S. EXPORT CONTROLS
Software available in connection with the PlanOpen.com services is subject to United States export controls. No Software may be downloaded from PlanOpen.com or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.


10 ASSIGNMENT
Your rights under this agreement may be assigned only upon prior notice and express approval by PlanOpen.com. PlanOpen.com may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of PlanOpen.com. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.


11 SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.


12 CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of California , County of Los Angeles . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.


13 NO AGENCY
Notwithstanding any other provision of this agreement, PlanOpen.com is not your agent, partner or joint venturer in any respect.


14 AMENDMENT
PlanOpen.com may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the PlanOpen.com web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.


15 REQUIRED NOTICES
15.1 Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to Covin Enterprises, LLC Dba PlanOpen.com P.O. Box 92735 Long Beach, CA 90809.
15.2 California - Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to you under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the PlanOpen.com service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
Version 3.01-100107
© 2007 Covin Enterprises, LLC. All Rights Reserved.