Terms & Conditions

Effective Date: April 10, 2018

  1. Terms And Conditions Legally Binding. These Terms and Conditions ("T's & C's") are a legally binding commitment between 1st Financial Funding & Investment Corporation d/b/a OpenProperty ("OpenProperty", "OpenProperty.com", "OP", "we", "our" or "us") and you ("You," "Your," or "Yours") and describe the terms under which You agree to use the OpenProperty program and any other service or product which may be made available to You by us for which You have registered or enrolled (the OpenProperty program, the Open Property website www.OpenProperty.com ("Site"), and any other such service or product are hereafter referred to collectively as the "Services" and individually as a "Service").

    Before accessing and using the Services, please read these T's & C's carefully because they constitute a legal agreement between OpenProperty and You.

    BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:

    • YOU HAVE READ AND UNDERSTAND THESE T's & C's;
    • YOU WILL COMPLY WITH THESE T'S & C'S
    • YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS

    IMPORTANT NOTICE

    Please read carefully "DISCLAIMER OF WARRANTIES," "LIMITATIONS OF LIABILITY" and "DISPUTE RESOLUTION." These provisions limit our liability to You and affect how claims you and OpenProperty have against each other are resolved.

  2. Definitions. In addition to the defined terms above and any terms defined in other provisions of these T's & C's, the following capitalized terms have the meanings as set forth below:

    1. "Landlord" means the owner of a "Property" or the manager, landlord or other representatives of such owners who are authorized to make decisions regarding whether and on what terms to rent the Property. "OP Landlord" means the Landlord of an OP Property.

    2. "OP Landlord Information" means the information regarding one or more of any OP Properties owned or managed by the OP Landlord that is included in the OP Landlord Profile available on the OP Site. Access to an OP Landlord's Profile is available through links on the OP Property Profile of any OP Property that is owned and/or managed by the subject OP Landlord.

    3. "OP Landlord Profile" means all the information regarding an OP Landlord, including OP Landlord Information, all of which is publicly available on the OpenProperty Site. An individual OP Landlord Profile for an OP Landlord that owns or manages multiple OP Properties may, at the OP Landlord's discretion, contain OP Property Information about each individual OP Property, about some of the subject OP Properties but not others, or about any group of OP Properties under common ownership and/or management by the OP Landlord.

    4. "Property" means any structure, including any unit within or portion of a structure, designed for human beings to inhabit that is rented to individuals or entities for such purpose.

    5. "OP Property" means a Property that is registered with OpenProperty and is listed on the Site and, unless otherwise indicated, includes a reference to the subject OP Landlord.

    6. "Resident" means an individual who rents a Property.

    7. "OP Resident" means an individual, including You, who registers with OpenProperty and is also registered with the OP Property in which they reside or have resided in the past.

    8. "OP Property Information" means, with respect to a given OP Property, information that is publicly available about prior OP Residents (on an anonymous basis) as part of an OP Property Profile on the Site. At the time that an OP Property makes a Security Determination, the OP Property's contract with OP requires the OP Property to input the following "OP Property Information": information regarding the amount of any Security Deposit withheld and/or any Security Charge assessed; the reason(s) given by the OP Property for withholding such amount and/or assessing such Security Charge (e.g., damage to the OP Property, unpaid Rent or utilities). Additional "OP Property Information" about individual OP Residents may, but will not necessarily, include the highest amount of Rent paid during the tenancy and the length of the tenancy, and if relevant, information relating to the effort by the OP Property to collect funds from the OP Resident in the event that any initial Security Deposit was inadequate. OpenProperty will determine and include as "OP Property Information" the number of days following the end of a Tenancy it takes an OP Property to enter the applicable OP Property Information into the OP system, which may be greater or less than the time it takes that OP Property to refund all or any portion of a subject OP Resident's Security Deposit.

    9. "OP Property Profile" means all the information regarding an OP Property, including OP Property Information, all of which is publicly available on the OpenProperty Site. An individual OP Property may have its own OP Property Profile page; share a profile page with other OP Properties of the same ownership and/or management; and/or be included in "roll-up(s)" of multiple OP Properties sharing common management and/or ownership.

    10. "Initial OP Resident Information" means, with respect to a given OP Property at which a particular OP Resident, including You, was or is an OP Resident, the following information required to be input by the OP Property about the OP Resident AS OF THE TIME THE OP PROPERTY ACCEPTS THE OP RESIDENT'S REGISTRATION (WHICH MAY BE AFTER THE COMMENCEMENT OF THE TENANCY): the unit number or other designation of the rented OP Property to the extent not already provided or not provided accurately by You; the rent amount; the Security Deposit amount; and the end date of the Rental Period. IN ADDITION, REGARDLESS OF WHEN A RESIDENT SUCCESSFULLY REGISTERS WITH AN OP PROPERTY, THE OP PROPERTY IS REQUIRED TO ENTER THE ORIGINAL START DATE OF THAT RESIDENT'S TENANCY AS PART OF THE "Initial Op Resident Information."

    11. "Optional Rent Information" means, with respect to a given OP Property at which a particular OP Resident, including You, was or is an OP Resident, the information about such OP Resident an OP Property may input into the OpenProperty system regarding timely rent payments.

    12. "Personal Information" means the personally identifying information input by You on the Site when you register with OP and consists of Your full name, birthdate, last four digits of social security number, contact information and domestic animal information. Additionally, depending on the OP Property, You may be required to provide Your unit number or other designation of the rented OP Property.

    13. "Final OP Resident Information" means, with respect to a given OP Property at which a particular OP Resident, including You, is or was an OP Resident, the information about such OP Resident an OP Property is required to input into the OpenProperty system following the OP Property's Security Determination regarding the OP Resident (which will generally occur sometime following the end of the Rental Term). The information entered by the OP Property and/or determined by OP based upon the information entered by the OP Property consists of the highest amount of Rent paid during the Tenancy as reported by the OP Property, the length of the Tenancy, the amount of any Security Deposit, the dollar amounts and reasons (e.g., damage to the OP Property, unpaid Rent or utilities) as stated by the OP Property for any deductions made to the security deposit or that would have been made to the security deposit if the amount of the security deposit were larger than the amount of such deductions; and, if relevant, any information relating to the effort by the OP Property to collect funds from the OP Resident in the event that any initial Security Deposit was inadequate.

    14. "OP Resident Information" means Initial OP Resident Information and Final OP Resident Information, collectively.

    15. "OP Resident Profile" means all the Personal Information and all the OP Resident Information that is available to OP Properties on the OpenProperty Site.

    16. "Rental Agreement" means the agreement pursuant to which an OP Resident agrees to rent an OP Property. "Rental" means of or concerning a Rental Agreement. "Rental Period" means the period of time for which the Rental Agreement is in effect prior to any renewal or extension.

    17. "Rental Application" means an application submitted by any Resident or OP Resident (including You) to rent any Property, including an OP Property, or any unit within any Property, including an OP Property.

    18. "Security Deposit" means any amount a Landlord is permitted under applicable law to require a Resident to provide at the outset of a Tenancy that is classified by such law as a security deposit.

    19. "Security Charge" means any amount a Landlord is permitted under applicable law to charge a Resident at the end of the tenancy (either in those situations where there was no Security Deposit or where such charge is in addition to any Security Deposit).

    20. "Security Determination" means the determination made by an OP Landlord following the end of a Tenancy regarding the dollar amounts and reasons (e.g., damage to the OP Property, unpaid Rent or utilities) as stated by the OP Property for any deductions made to the security deposit or that would have been made to the security deposit if the amount of the security deposit were larger than the amount of such deductions; and, if relevant, any information relating to the effort by the OP Property to collect funds from the OP Resident in the event that any initial Security Deposit was inadequate.

    21. "Site" means the OpenProperty website (www.OpenProperty.com) and any future iOS and Android app(s) offered by OpenProperty.

    22. "Support" means OpenProperty customer support at Support@OpenProperty.com and/or through our toll-free number: 855-885-6736.

    23. "Tenancy" means the entire period of time during which a Resident resides at a Property, whether the original Rental Period or that period as modified, extended or renewed.

  3. Use Of Any Service Constitutes Acceptance Of T's & C's; T's & C's Subject To Change. The Effective Date of these T's & C's is set forth at the top of this webpage. As we add, modify or delete new features we may add, amend or delete (collectively "Amend") one or more of these T's & C's by posting those Amendments on our Site. Your continued use of the Services after the posting of any such Amendments constitutes Your acceptance of the T's & C's as Amended. As of the Effective Date, the T's & C's supersede all previous versions of our agreements, notices or statements about these T's & C's. We may also change the features on the Site and Services at any time without providing You with any advance notice of those changes.

  4. There Is No Charge For An Individual To Register With OpenProperty. To the extent that OP assesses a charge for the use of any Service, any such charge is paid only by OP Properties. OP Residents do not pay any charge or fee to OP to use our Services.

  5. OP Customer Support. If You need assistance or wish to report any issues with OP or an OP Property as it pertains to OP, You may contact Support. Although Support will attempt to address all reasonable inquiries in an appropriate and timely manner, Support may or may not be able to help rectify an issue and may or may not be as responsive as You would like.

  6. Requirements To Become An OP Resident. To become an OP Resident, You must:

    1. Fill Out an Individual Profile on the Site. You may register with OP, which may be done only by providing Your Personal Information on the Site when submitting a Rental Application to an OP Property, residing in an OP Property or after having resided in an OP Property. You need register with OP only once.

    2. Register with the OP Property You Want To Input into the OP System Your OP Resident Information. You must register separately with each OP Property You wish to input Your OP Resident Information. You will never be automatically registered with an OP Property, even if You previously were registered with one or more other OP Properties, or with an OP Property with the same Landlord or even with the same OP Property during an earlier tenancy. OP Properties are listed on the Site. If You have reached these T's & C's by clicking "Sign Up" on a webpage on the Site that includes a map to, and picture(s) of, a Property either on its own or alongside other Properties, then the subject Property participates in OpenProperty and is an OP Property. For any questions or clarifications related to any OP Property Profile contact Support. IF YOU SUBMIT A REQUEST TO REGISTER WITH AN OP PROPERTY, THAT OP PROPERTY WILL HAVE ACCESS TO ALL YOUR OP RESIDENT INFORMATION, INCLUDING YOUR PERSONAL INFORMATION.

      1. OP Properties Are Required To Accept Registration Requests Only If Timely Submitted During Your Tenancy. OP Properties are required to accept Your registration request only if Your request is made through the OP Site at a time when You have either (a) submitted a Rental Application to the OP Property that has been approved, or (b) at a time when You are a Resident at the OP Property and Your request is submitted at least thirty (30) or more days prior to the end of Your Tenancy. An OP Property has complete discretion regarding whether to accept or reject an application to register with it made at any later time.

      2. Additional Reasons for which an OP Property May Reject Your Registration Application. In addition to failure to submit a registration request with an OP Property on a timely basis, an OP Property may reject Your registration request for any one or more of the following reasons:

        1. Any Inconsistency Between the Information in Your OP Resident Profile and that Provided to or Input by the OP Property. If any Personal Information in your OP Resident Profile as input by you is not exactly the same as the corresponding information that appears in the files of any OP Property with which you seek to register (e.g., Your name is spelled differently in Your OP Resident Profile than on Your Rental Application, Rental Agreement or other documents in the OP Property's Files), that OP Property may reject Your request to register with it. IT IS YOUR RESPONSIBILITY TO MONITOR YOUR OP RESIDENT PROFILE TO ENSURE THAT THE INFORMATION INPUT BY YOU AND ANY OP RESIDENT INFORMATION INPUT BY ANY OP PROPERTY IS COMPLETE AND ACCURATE IN ALL RESPECTS.

        2. Fraud or other Unlawful Conduct. An OP Property may reject Your registration request if You are not in fact registered with OpenProperty, are under the age at which persons in Your jurisdiction are permitted to enter into legally enforceable contracts at the time the request is submitted, have submitted false or inaccurate information to OP or the OP Property and/or have engaged in any fraudulent or unlawful conduct in connection with the submission of Your Rental Application to, or request for registration with, the OP Property and/or Your registration with OpenProperty.

    3. OP Residents Will Receive Email Confirmation when an OP Property Has Accepted or Rejected Their Request To Register with the OP Property. If Your request for registration with an OP Property is accepted or rejected, OpenProperty will send You an email confirming the registration or rejection. A request may be resubmitted. If You believe that You have met the requirements to register with an OP Property, but Your registration request is rejected or not accepted within one month of submission, You should contact the OP Property and Support. OpenProperty does not and will not monitor any request by You to register with an OP Property except to the extent of sending You a confirming email if and when OP has been notified by the subject OP Property that Your request for registration has been accepted or rejected, and, if your registration has been accepted, updating Your OP Resident Profile with any Initial OP Resident Information about You input by the subject OP Property. IF YOU HAVE SUBMITTED A REGISTRATION REQUEST TO AN OP PROPERTY AND HAVE NOT RECEIVED AN EMAIL FROM OP WITHIN THIRTY (30) DAYS FOLLOWING YOUR SUBMISSION CONFIRMING THE OP PROPERTY'S ACCEPTANCE OR REJECTION OF YOUR REQUEST, IT IS YOUR SOLE AND EXCLUSIVE RESPONSIBILITY TO CONTACT THE OP PROPERTY AND SUPPORT TO REPORT SUCH FAILURE.

    4. Failure of an OP Property To Input Initial OP Information. If an OP Property fails to input Your Initial OP Resident Information as set forth in subparagraph 2(j) above, You will not be registered with that OP Property and none of Your OP Resident Information regarding Your Tenancy at that OP Property will be posted to Your OP Resident Profile and, therefore, will not be available to You or other OP Properties. IT IS YOUR SOLE AND EXCLUSIVE OBLIGATION AND RESPONSIBILITY TO MONITOR THE STATUS OF YOUR OP RESIDENT PROFILE TO ENSURE THAT ALL OP RESIDENT INFORMATION ABOUT YOUR TENANCY AT AN OP PROPERTY IS INPUT IN A TIMELY FASHION AND IS ACCURATE AND UP TO DATE.

  7. You Are Responsible To Ensure That Any Changes To Your Rent Amount Or Security Deposit During Your Tenancy At An OP Property Are Entered Into OP's System Timely And Accurately By That OP Property. An OP Property is required to input any changes to Your rent amount, the amount of Your Security Deposit, if any, or the term of Your Rental Period that occur in connection with any renewal or extension of Your original Rental Period. IT IS UP TO YOU, HOWEVER, TO ENSURE THAT ALL SUCH INFORMATION IS UPDATED ACCURATELY AND TIMELY, AS APPROPRIATE.

  8. OP Properties Are Only Required To Input Your Final OP Resident Information If They Are OP Properties At The Time They Make Your Security Determination. An OP Property is only required to input Your Final OP Resident Information if the OP Property is and remains an OP Property from the date You register with the OP Property through and including the date that OP Property makes its Security Determination regarding You. Accordingly, if an OP Property with which you have registered withdraws for any reason from the OpenProperty program at any time prior to its Security Determination, INCLUDING WITHDRAWING FROM OP AT ANY TIME BETWEEN THE TERMINATION OF YOUR TENANCY AND SUCH DETERMINATION, there will in all likelihood be no Final OP Resident Information input into your OP Resident Profile; rather, the only information in your such profile regarding that Tenancy will be whatever Initial OP Resident Information was input by the subject OP Property, and Your history for that OP Property will be incomplete and, therefore, less valuable to You than otherwise.

  9. OP Properties Are Required To Input Your Final OP Resident Information Within Thirty (30) Days Of Making Your Security Determination. OP Properties are required to input Your Final OP Resident Information within thirty (30) days of making Your Security Determination. HOWEVER, WHETHER AND WITHIN WHAT TIME PERIOD FOLLOWING THE END OF YOUR TENANCY AN OP PROPERTY MAY BE REQUIRED TO MAKE YOUR SECURITY DETERMINATION IS GOVERNED BY THE LAW OF THE JURISDICTION IN WHICH YOU RESIDE. REGARDLESSS OF WHETHER OR WHEN AN OP PROPERTY IS REQUIRED BY LAW TO MAKE YOUR SECURITY DETERMINATION, OR WHEN IT IS REQUIRED TO INPUT YOUR FINAL OP RESIDENT INFORMATION, YOU ARE SOLELY RESPONSIBLE TO MONITOR YOUR OP RESIDENT PROFILE TO ENSURE THAT ANY OF YOUR FINAL OP RESIDENT INFORMATION AN OP PROPERTY IS REQUIRED TO INPUT IS INPUT TIMELY AND ACCURATELY.

  10. Your Final OP Resident Information From The OP Property In Which You Are An OP Resident Is Unlikely To Be Available To The Property Into Which You Next Move. Your Final OP Resident Information will likely not be input until after Your Tenancy has terminated and You have moved out of the subject OP Property. Thus, even if the Property into which you next move is an OP Property, it will likely not have access to Your Final OP Resident Information, or to Your OP Scores and OP Rating (see paragraph 11 below), from Your immediately prior OP Property until after You have entered into a Rental Agreement with the new OP Property and after You have provided it with any required Security Deposit. Accordingly, it is likely that such Final OP Resident Profile, OP Score and OP Rating will provide no benefit to You with respect to any OP Property into which You next move or any other Property to which You may wish to have shown it prior to moving in. However, in that circumstance, You will be able to provide any such Property with the Initial OP Resident Information input by Your immediately prior OP Property.

  11. OpenProperty Scores and Ratings; Disputes of Final OP Resident Information, Scores and Ratings; Reference Letters. For each OP Resident's Tenancy at an OP Property where the OP Property inputs Final OP Resident Information, OpenProperty calculates a numerical score from 1.00 (the lowest) to 5.00 (the highest) (the numerical scores may also be represented visually by 1 to 5 stars) for the OP Resident, the OP Property and the OP Landlord, in each case based on the content of the Final OP Resident Information ("OP Score"). Based on those numerical/star OP Scores, such OP Residents, OP Properties and OP Landlords also receive a rating of Green or Positive, Gray or Fair, or Red or Negative ("OP Rating"). In addition, OP Residents, OP Properties and OP Landlords are assigned an overall OP Score and an overall OP Rating. The OP Scores and Ratings of OP Residents, OP Properties and OP Landlords are part of their OP Resident Profiles, OP Property Profiles and OP Landlord Profiles, respectively. Any person may access the OP Scores and Ratings of OP Properties and OP Landlords on the OP Site; Your OP Scores and Ratings are available only to You, OP administrators and OP Properties as part of Your OP Resident Profile. When You first register with OpenProperty, You will be assigned an OP Rating of Gray or Fair (with an indication that You are a new participant) which will remain in place for at least the period from Your initial registration with OpenProperty through the completion of Your first Tenancy with an OP Property and the inputting of Your Final OP Resident Information by that OP Property, at which time You will be assigned a new Rating based on the OP Score derived from that Final OP Resident Information, and such new OP Rating well be posted as part of Your OP Resident Profile together with Your OP Score. Additional information regarding how OP calculates OP Scores and Ratings is provided in the FAQ's on the Site.

    1. For an Op Score and Rating To Be Calculated Regarding An OP Resident's Tenancy, the OP Property Must Be An OP Property at the Time of the Security Determination. IF AN OP PROPERTY WITHDRAWS FROM OP BEFORE MAKING ITS SECURITY DETERMINATION REGARDING YOUR TENANCY, EVEN IF SUCH WITHDRAWAL OCCURS BETWEEN THE TERMINATION OF YOUR TENANCY AND THE DATE OF SUCH DETERMINATION, THEN IN ALL LIKELIHOOD THERE WILL BE NO FINAL OP RESIDENT INFORMATION ENTERED WITH RESPECT TO THAT TENANCY AND, THEREFORE, NO OP RESIDENT, OP PROPERTY OR OP LANDLORD SCORE OR RATING WITH RESPECT TO THAT TENANCY.

  12. Optional Rent Information is not reported by all OP Properties and if it is, it is up to You to utilize this reporting. The OP Property at which You rent may or may not report Optional Rent Information. If the OP Property does report Optional Rent Information, the Optional Rent Information may or may not include information prior to Your date of registration with that OP Property. Optional Rent Information is NOT part of an OP Property Profile or an OP Landlord Profile. Optional Rent Information is NOT part of OP Resident Information and so is NOT available to other OP Properties on the OpenProperty Site. Optional Rent Information does not impact Your OP Score and Rating. In order for any third-party to see this information You must select it to be included within an OP Reference Letter or OP Verification Letter and then share that letter accordingly.

  13. Disputes: You May Dispute Your Final OP Resident Information, Your OP Score and Rating, and any Optional Rent Information. Both Your Initial and Final OP Resident Information (including the results of the Security Determination and Your corresponding OP Score and Rating as calculated by OP) are included in Your OP Resident Profile as soon as it is input by the OP Property. If You have any dispute regarding any OP Resident Information entered by an OP Property and Your resulting OP Score and Rating ("Dispute"), You must contact Support within the time period permitted by applicable statute, rule or regulation. Your failure to initiate a timely Dispute will result in Your OP Resident Information as input by the OP Property, and any resulting OP Score and Rating as calculated by OP, remaining as part of Your OP Resident Profile until you withdraw from OP or for seven years, whichever is longer. Upon receipt of a timely Dispute, Support will request the OP Property review Your relevant OP Resident Information and either confirm the original entries or make any appropriate corrections. In addition, if you initiate a Dispute regarding a Security Determination, Your OP Resident Profile will indicate there is a Dispute, but the dollar amount at issue and any reasons given by the OP Property for any withheld Security Deposit or Security Charge which may previously have been included in Your OP Resident Profile will no longer be visible to OP Properties while Your Dispute is pending. If the subject OP Property's publicly available Profile includes Your anonymous entry, a similar note will appear there and/or Your entry may be hidden temporarily. Once the OP Property has either confirmed the subject Final OP Resident Information as originally input, or has made any appropriate changes, OP will send You an email setting forth the way the OP Property has resolved Your Dispute and any resulting change to Your Final OP Resident Information and/or OP Score and Rating. Optional Rent Information is not part of Your OP Resident Profile but You may dispute it. OP WILL NOT MEDIATE OR ARBITRATE ANY DISPUTE YOU HAVE WITH AN OP PROPERTY. AN OP PROPERTY'S RESOLUTION OF YOUR DISPUTE IS FINAL AND WILL BE THE BASIS FOR THE CONTENT OF YOUR OP RESIDENT INFORMATION AND, IF RELEVANT, OPTIONAL RENT INFORMATION AND, WHERE APPLICABLE, OP SCORE AND OP RATING FOR YOU, THE OP PROPERTY AND THE OP LANDLORD AS THEY APPEAR IN YOUR OP RESIDENT PROFILE, THE OP PROPERTY'S PUBLICLY-AVAILABLE PROFILE AND THE OP LANDLORD'S PROFILE, RESPECTIVELY. IF YOU HAVE INITIATED A DISPUTE, IT IS YOUR OBLIGATION AND RESPONSIBILITY TO PERIODICALLY CHECK YOUR OP RESIDENT PROFILE ON THE SITE TO DETERMINE IF YOUR PROFILE HAS BEEN UPDATED TO REFLECT THE RESOLUTION.

    YOU AS AN OP RESIDENT HAVE THE RIGHT TO INCLUDE IN YOUR OP RESIDENT PROFILE AND/OR ON THE OP PROPERTY'S PROFILE WITH RESPECT TO THE ENTRY REGARDING YOUR TENANCY, A NOTE SETTING FORTH YOUR VERSION OF THE DISPUTE.

  14. Creation of an OP Reference Letter. Once an OP Property has input Your Final OP Resident Information and OP has calculated Your OP Score and Rating, You may generate through the OP Site a "reference letter" which You are free to share, including with any Property to which You submit a Rental Application regardless of whether the Property is registered with OP.

  15. Creation of an OP Verification Letter. As of the time the OP Property accepts Your registration and an email notification of such acceptance is sent to You, You may generate through the OP Site a "verification letter" which You are free to share, including with any Property to which You submit a Rental Application regardless of whether the property is registered with OP.

  16. Timing of Inclusion Of OP Resident Information, OP Scores and OP Ratings in Your OP Resident Profile and Anonymizing Your OP Resident Information on an OP Property's Profile. Your OP Resident Information, OP Score and OP Rating for an OP Property populates Your OP Resident Profile immediately upon entry by the OP Property. OpenProperty seeks to anonymize OP Resident Information that will appear on public pages of OP Properties by stripping out Personal Information, posting Final OP Resident Information with respect to a given OP Property in a manner that obscures the true timing of the end of an OP Resident's Tenancy, and not posting an individual's Final OP Resident Information as part of an OP Property Profile until there is such information for a number of other OP Residents that can be published at the same time. Additionally, OpenProperty reserves the right to mix and adjust data in an OP Property Profile to further obscure identifying information regarding You and other individual OP Residents. DESPITE THE PRECAUTIONS TAKEN BY OPENPROPERTY THERE IS A POSSIBILITY THAT SOMEONE COULD "BACK INTO" YOUR RENTAL HISTORY OR TO AT LEAST BELIEVE THAT THEY HAVE BACKED INTO IT WHETHER OR NOT THEY ACHIEVED THIS. THIS HAS THE POTENTIAL TO CAUSE HARM TO YOU.

  17. Your Final OP Resident Information, OP Scores and OP Ratings Will Reflect The Result Of Any Sublease Or Assignment Of Your Rental Agreement Regarding An OP Property. If You sublet or assign Your Rental Agreement with an OP Property to any third party or parties, Your Security Determination made at or after the end of the subtenancy or assignment will be input into Your OP Resident Profile and be the basis for the calculation of Your OP Score and OP Rating with respect to such OP Property, regardless of whether any Security Deposit withholding or Security Charge was due to any acts or omissions of the subtenant(s) or assignee(s) rather than You.

  18. All Your Initial, Final OP Resident Information, and Optional Rent Information Will Be Deleted From Your OP Resident Profile Seven (7) Years After It Is Entered. As is currently required by law, OpenProperty will automatically delete the OP Resident Information and Optional Rent Information input by all OP Properties as it appears in Your OP Resident Profile seven (7) years after the data is entered. Any Final OP Resident Information and Your OP Scores and Ratings that are recorded as part of Your OP Resident Profile and Optional Rent Information will be available for such 7-year period, at the end of which all such Information, Scores and Ratings, both positive and negative, will be deleted.

  19. Although OP Properties Are Prohibited From Accessing Your OP Resident Profile Unless They Have A Legally Permissible Reason To Do So, Any OP Property Can Physically Access Your Personal Information And OP Resident Information At Any Time; OP Is Not Responsible For Whether Or How An OP Property Accesses Or Uses Your Personal Information And/Or OP Resident Information. OP Properties are obligated to comply with the Fair Credit Reporting Act and the terms and conditions of their contract with OpenProperty, both of which prohibit any OP Property from accessing Your OP Resident Profile unless there is a legally permissible reason for them to do so, such as in response to Your submission of a Rental Application or request to register with an OP Property. Nevertheless, any OP Property has the physical capability of accessing Your OP Resident Profile at any time, even if You have not submitted to it a Rental Application or request to register with it as an OP Property. IF YOU DO NOT WISH FOR OP PROPERTIES TO HAVE PHYSICALLY UNRESTRICTED ACCESS TO YOUR PERSONAL INFORMATION, YOU SHOULD NOT USE OPENPROPERTY.

  20. OP Properties, At Their Sole Discretion, May Or May Not Offer All Or Some OP Residents A Monetary Or Other Benefit. Some OP Properties may, at their sole discretion, provide a monetary or other benefit to OP Residents ("OP Property Benefit"). Any such monetary benefit will generally consist of a reduction in the amount of a Security Deposit or some other refundable or non-refundable fee charged by an OP Property. OP MAKES NO REPRESENTATIONS AND ASSUMES NO RESPONSIBILITY REGARDING WHETHER, UNDER WHAT CIRCUMSTANCES OR BASED ON WHAT CRITERIA ANY OP PROPERTY MAY OR MAY NOT PROVIDE ANY MONETARY OR OTHER BENEFIT TO ANY OP RESIDENT. If an OP Property offers an OP Property Benefit, that fact will be indicated on the OP Profile Page for the OP Property; if the OP Property Profile for an OP Property or group of OP Properties does not indicate that an OP Property Benefit is offered, then there is no OP Property Benefit available with respect to such OP Property or Properties.

  21. Termination Of OP Residents And OP Properties From Participation In OpenProperty. Both You and OP Properties may terminate participation in OpenProperty.

    1. Withdrawal by an OP Property. An OP Property may terminate its participation in OpenProperty at any time. If an OP Property terminates its participation in OpenProperty while You are a Resident there and You previously registered with that OP Property, Your Final OP Resident Information will not be input at the end of Your Tenancy and OpenProperty will not be able to record Your OP Score or OP Rating for that Property or to change Your overall OP Score or OP Rating based on that Tenancy. If an OP Property at which You were previously an OP Resident and which has already provided Final OP Resident Information regarding You subsequently terminates its participation in OpenProperty, its OP Property Profile will be deleted from the Site and from the OP Property's own website. If an OP Property terminates after the end of Your Tenancy and after entering Your Final OP Resident Information, You may delete all the OP Resident Information in Your OP Profile (including the OP Score and OP Rating) plus Optional Rent Information relating to Your Tenancy at such OP Property by contacting Support and notifying Support of Your desire to delete such information.

    2. Disputes filed by OP Residents After Withdrawal of OP Property Resolved in Favor of OP Residents. If a Property that was an OP Property with which You registered and that entered Your Final OP Resident Information regarding Your Tenancy subsequently withdraws from OP and You either have a Dispute then pending or initiate a Dispute thereafter within any time period required by applicable statute, regulation or rule, OP will consider the Dispute as resolved in Your favor.

    3. Withdrawal by You. You may terminate Your participation in OpenProperty by contacting Support. ONCE YOU TERMINATE YOUR PARTICIPATION IN OP, YOU MAY NOT RE-REGISTER WITH OP OR REGISTER WITH ANY OP PROPERTY. When You terminate Your participation, all OP Resident Information in Your OP Resident Profile and Optional Rent Information, including all OP Resident Information, OP Scores and OP Ratings, both positive and negative, that posted to Your OP Resident Profile will be deleted.

  22. Privacy Policy And Website Terms Of Use. Our Privacy Policy is available here and our Site Terms of Use are available here. You must indicate Your agreement to these T's & C's below, and also separately indicate Your agreement with respect to each of our Privacy Policy and Site Terms of Use before You will be registered with OP and before You may be registered with any OP Property. Notwithstanding anything stated otherwise in these T's & C's, the Privacy Policy shall govern with respect to the collection, use, retention or storage of any information about You or to which You grant us access. NO COMPUTER SYSTEM OR SERVICE, INCLUDING OPENPROPERTY, IS IMPENETRABLE TO HACKING. BY USING OPENPROPERTY YOU ACKNOWLEDGE AND AGREE THAT YOU ARE VOLUNTARILY EXPOSING YOURSELF TO INCREASED RISK OF DATA THEFT, AND THAT OP SHALL NOT BE LIABLE FOR ANY SUCH THEFT WITH RESPECT TO YOUR PERSONAL INFORMATION EXCEPT TO THE EXTENT OTHERWISE PROVIDED IN OUR PRIVACY POLICY.

  23. OP Residents And OP Properties Free To Negotiate All Terms Of Their Rental Agreement. OpenProperty does not prohibit an OP Property and You from negotiating with one another about all Rental matters. However, the Monetary Benefit offered by an OP Property to any OP Resident is required to be consistent with the description of the Monetary Benefit as described on the OP Property's Profile on OpenProperty.

  24. Defined Terms For Purposes Of Limitations Of OP's Liability. For purposes of paragraphs 23, 24, 25, 26 and 28 below, including all their subparagraphs, the following capitalized terms have the meanings as set forth below:

    1. "ACT" MEANS ANY FACT, TRANSACTION, EVENT, HAPPENING, OCCURRENCE, CONDUCT, FAILURE TO ACT, UNDERTAKING, PROMISE, BEHAVIOR, ORAL, WRITTEN OR ELECTRONIC COMMUNICATION, REPRESENTATION, MISREPRESENTATION, OMISSION, CONTRACT OR ANY OTHER THING OR MATTER OR ANY SERIES THEREOF WHATSOEVER DIRECTLY OR INDIRECTLY PERFORMED, ENGAGED IN, PREPARED, CREATED, EXECUTED, CARRIED OUT OR OTHERWISE DONE BY OP, ANY OF ITS PREDECESSORS, SUCCESSORS AND ASSIGNS AND/OR ANY OF ITS OR THEIR AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR ANY OTHER PERSON OR ENTITY ACTING FOR OR ON ITS OR THEIR BEHALF.

    2. "CLAIM" MEANS ANY AND ALL CLAIMS, CAUSE OR CAUSES OF ACTION, COMPLAINTS, ALLEGATIONS, ASSERTIONS, DISPUTES, ARGUMENTS, CRITICISMS, PROMISES OR ANY OTHER PURPORTED RIGHT OR ENTITLEMENT TO OR FOR ANY DAMAGES, LIABILITIES, OBLIGATIONS, EXPENSES, COSTS, ATTORNEYS' AND/OR ANY OTHER FEES OF ANY KIND, RESTITUTION, RESCISSION, ANY FORM OF INJUNCTIVE RELIEF AND/OR ANY OTHER RECOVERIES OR REMEDIES OF WHATEVER KIND, WHETHER AT LAW OR IN EQUITY, ARISING OUT OF OR RELATED IN ANY WAY TO ANY ACT OF OPENPROPERTY OR ANY OTHER PERSON OR ENTITY THAT ARISES OUT OF OR RELATES IN ANY WAY TO THESE T'S & C'S, INCLUDING YOUR REGISTERING WITH OP OR WITH ANY OP PROPERTY, YOUR USE OF ANY SERVICE OR YOUR USE OF THE SITE.

    3. "FORUM" MEANS ANY STATE OR FEDERAL COURT, OR ANY MAGISTRATE, ARBITRATOR OR ANY OTHER PERSON(S) OR ENTITY(IES) (E.G., AMERICAN ARBITRATION ASSOCIATION, JAMS, ETC.) APPOINTED BY A STATE OR FEDERAL COURT OR DESIGNATED BY CONTRACT FOR THE PURPOSE OF ADJUDICATING OR RESOLVING ALL OR ANY PORTION OF ANY CLAIM; ANY STATE OR FEDERAL ADMINISTRATIVE, REGULATORY, SUPERVISORY, ENFORCEMENT OR OTHER AGENCY, ARBITRAL OR ANY OTHER NON-JUDICIAL PROCEEDING, HEARING OR PROCESS OF ANY KIND, REGARDLESS OF WHETHER HELD BEFORE OR CONDUCTED BY A DESIGNATED STATE OR FEDERAL AGENCY OFFICER(S) OR OTHER AGENCY PERSONNEL (INCLUDING THE HEAD OF ANY SUCH AGENCY), A HEARING OFFICER (WHETHER OR NOT INDEPENDENT), AN ADMINISTRATIVE TRIAL JUDGE (WHETHER OR NOT INDEPENDENT), OR ANY OTHER TYPE OF PRESIDING OFFICER(S), OR OTHER PERSON(S) (INCLUDING AN ARBITRATOR) OR TRIBUNAL OF ANY KIND FOR THE PURPOSE OF ADJUDICATING OR RESOLVING ALL OR ANY PORTION OF ANY CLAIM.

    4. "LAW" MEANS ANY SOURCE WHATSOEVER THAT MAY OR DOES PROVIDE THE BASIS OR SUPPORT FOR ANY CLAIM, INCLUDING CONTRACT; TORT (INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY AND EMOTIONAL DISTRESS); ANY STATUTE, REGULATION, RULE OR COMMON LAW OF THE UNITED STATES, ANY STATE OR COMMONWEALTH, INCLUDING THE DISTRICT OF COLUMBIA, OR ANY COUNTY, CITY OR OTHER POLITICAL SUBDIVISION THEREOF; THE UNITED STATES CONSTITUTION, THE CONSTITUTION OF ANY STATE OR COMMONWEALTH, INCLUDING THE DISTRICT OF COLUMBIA; THE ASSOCIATION'S GOVERNING DOCUMENTS, AND ANY AMENDMENTS TO ANY OF THE FOREGOING OR OTHERWISE.

  25. Warranty Disclaimer. Although we use commercially reasonable efforts to ensure that the Services are accurate and reliable, OpenProperty does not warrant that the Services are accurate, complete, reliable or error-free. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OPENPROPERTY DISCLAIMS ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    1. AS A NEW PRODUCT, THERE IS ABSOLUTELY NO DATA TO DEMONSTRATE THAT RESIDENTS WHO PARTICIPATE IN OPENPROPERTY HAVE MORE FAVORABLE RESOLUTION EXPERIENCES, INCLUDING WITH RESPECT TO SECURITY DEPOSITS OR SECURITY CHARGES, THAN THOSE WHO DO NOT PARTICIPATE IN OP, OR THAT OP PROPERTIES PARTICIPATING IN OPENPROPERTY ARE MORE TRUSTWORTHY THAN PROPERTIES THAT DO NOT PARTICIPATE IN OP. AT LEAST FOR THE FORESEEABLE FUTURE, THE OVERWHELMING MAJORITY OF PROPERTIES WILL NOT PARTICIPATE IN OPENPROPERTY. MOREOVER, IT IS LIKELY THAT MANY PROPERTIES WILL NEVER SIGN UP FOR OPENPROPERTY AND OP MAY NEVER APPEAL TO A MAJORITY OF PROPERTIES OVERALL, OR EVEN A MAJORITY IN SPECIFIC GEOGRAPHIC AREAS. THUS, IT MAY WELL BE DIFFICULT FOR YOU TO CREATE AN OP RESIDENT PROFILE THAT MAY BE OF ANY FUTURE BENEFIT TO YOU, PARTICULARLY IF YOU DO NOT MOVE FROM ONE PROPERTY TO ANOTHER ON MORE THAN ONE OR TWO OCCASIONS.

  26. Limitations Of Recoverable Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPENPROPERTY IS NOT LIABLE TO YOU FOR INDIRECT, INCIDENTAL, RELIANCE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF USE OR DAMAGE TO REAL, TANGIBLE OR INTANGIBLE PROPERTY, IN CONNECTION WITH ANY CLAIM YOU ASSERT AGAINST OP UNDER ANY LAW IN ANY FORUM. YOU FURTHER AGREE THAT OPENPROPERTY'S MAXIMUM LIABILITY TO YOU IN CONNECTION WITH YOUR ASSERTION OF ANY CLAIM IS LIMITED TO FIVE HUNDRED DOLLARS ($500.00).

  27. Limitation Of OP's Liability To You. THE SERVICES RELY UPON THE PROPER, LAWFUL AND APPROPRIATE USE BY OTHERS INCLUDING, BUT NOT LIMITED TO, OP PROPERTIES, OP LANDLORDS AND OTHERS WHO PROVIDE INFORMATION TO OR USE ANY SERVICE OR THE SITE (COLLECTIVELY "USERS"). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPENPROPERTY IS NOT RESPONSIBLE FOR THE ACTS OF ANY USERS, AND YOU SHALL NOT ASSERT AGAINST OPENPROPERTY ANY CLAIM IN ANY FORUM UNDER ANY LAW THAT ARISES OUT OF OR RELATES IN ANY WAY TO ANY ACT BY ANY USER (INCLUDING ANY OP PROPERTY OR OP LANDLORD), INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE FOLLOWING:

    1. WHERE YOU FAIL TO NOTIFY BOTH AN OP PROPERTY TO WHICH YOU SUBMITTED A REGISTRATION REQUEST AND SUPPORT, WITHIN THIRTY (30) DAYS OF SUBMITTING SUCH REGISTRATION REQUEST, OF YOUR FAILURE TO RECEIVE AN EMAIL MESSAGE FROM OP THAT YOUR REGISTRATION REQUEST HAS BEEN ACCEPTED OR REJECTED, AND THE SUBJECT OP PROPERTY FAILS TO PROCESS YOUR REQUEST SUCH THAT IT DOES NOT POST SOME OR ALL YOUR OP RESIDENT INFORMATION REGARDING YOUR TENANCY AT THAT OP PROPERTY AND/OR OP DOES NOT COMPUTE OR RECORD IN YOUR PROFILE AN OP SCORE OR OP RATING REGARDING YOUR TENANCY AT THE SUBJECT OP PROPERTY;

    2. THE FACT THAT A THIRD PARTY CAN AND/OR DOES DETERMINE ANY OF YOUR PERSONAL INFORMATION AND/OR CURRENT OR PRIOR PLACES OF RESIDENCE FROM THE INFORMATION POSTED BY ANY OP PROPERTY AND INCUDED IN YOUR OP RESIDENT INFORMATION OR ON ANY OP PROPERTY PROFILE;

    3. THE CONTENT OF ANY OF YOUR OP RESIDENT INFORMATION AS INPUT BY ANY OP PROPERTY AND INCLUDED IN YOUR OP RESIDENT PROFILE, THE FAILURE OF ANY OP PROPERTY TO INPUT ANY OF YOUR OP RESIDENT INFORMATION AND/OR OPTIONAL RENT INFORMATION OR THE FAILURE TO INPUT ANY SUCH INFORMATON ON A TIMELY BASIS OR ACCURATELY AND ANY RESULTING INABILITY OF OP TO CALCULATE YOUR OP SCORE AND/OR RATING OR TO DO SO ACCURATELY;

    4. WHETHER, HOW OR TO WHAT EXTENT ANY OP PROPERTY OBTAINS, OR ANY OTHER PROPERTY TO WHICH YOU GIVE, ALL OR ANY PORTION OF YOUR OP RESIDENT INFORMATION, OPTIONAL RENT INFORMATION, OP SCORES OP RATINGS OR OP REFERENCE LETTER, MAY OR MAY NOT USE SUCH INFORMATION, SCORES, RATINGS AND/OR REFERENCE LETTER;

    5. WHETHER OR TO WHAT EXTENT YOU RECEIVE AN OP BENEFIT, INCLUDING ANY MONETARY BENEFIT, FROM ANY OP PROPERTY;

    6. THE WITHDRAWAL OF ANY OP PROPERTY FROM OPENPROPERTY AT ANY TIME, REGARDLESS OF WHETHER SUCH WITHDRAWAL RESULTS IN THE FAILURE OF THE OP PROPERTY TO ENTER YOUR FINAL OP RESIDENT INFORMATION REGARDING YOUR TENANCY AT SUCH OP PROPERTY AND THE RESULTING INABILITY OF OP TO CALCULATE YOUR OP SCORE AND RATING FOR SUCH TENANCY;

    7. THE ACCEPTANCE OR REJECTION OF A RENTAL APPLICATION SUBMITTED BY YOU TO ANY OP PROPERTY OR OTHER PROPERTY; AND

    8. THE FACT THAT AN OP PROPERTY'S INFORMATION, SCORES AND/OR RATINGS MAY NOT BE RELIED UPON TO PROJECT FUTURE PERFORMANCE AND MAY NOT BE INDICATIVE OF THE EXPERIENCE YOU WILL HAVE WITH THAT OP PROPERTY IN ANY RESPECT.

  28. Survival Of Liability Limitations. YOU FURTHER AGREE THAT THE LIMITATIONS OF WARRANTIES, DAMAGES AND LIABILITY SET FORTH IN PARAGRAPHS 23, 24 AND 25 ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE T's & C's AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE.

    1. Liability Limited To Greatest Extent Legally Permitted. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES, LIABILITY OR DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OPENPROPERTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    2. YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF WARRANTIES, DAMAGES AND LIABILITY, TOGETHER WITH THE OTHER PROVISIONS IN THESE T's & C's THAT LIMIT LIABILITY, ARE ESSENTIAL TERMS AND THAT OPENPROPERTY WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE T's & C's BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF WARRANTIES, DAMAGES AND LIABILITY.

    3. CALIFORNIA RESIDENTS: BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "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."

  29. OpenProperty's Reservation of Rights. OP reserves the right to seek all remedies available at law and in equity for violations of any one or more of these T's & C's, or for any unlawful or unauthorized use of the Site, including the right to block access of a specific internet address to the Site.

  30. Agreement To Arbitrate. YOU AND OPENPROPERTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. REFERENCES HEREAFTER TO "PARAGRAPH 28" OR "THIS AGREEMENT TO ARBITRATE" INCLUDE THIS PARAGRAPH 28 AND ALL SUBPARAGRAPHS HEREOF.

    1. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED BELOW, ANY CLAIM, INCLUDING ANY CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE T'S & C'S, YOUR PARTICIPATION IN OP, YOUR USE OF ANY SERVICE, OP'S SITE TERMS, OP'S PRIVACY POLICY, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY OF ANY OF THEM, INCLUDING ANY CLAIM REGARDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE T'S & C'S TO ARBITRATE (ALL THE FOREGOING COLLECTIVELY REFERRED TO AS THE "COVERED CLAIM(S)"), SHALL BE DETERMINED AND RESOLVED BY BINDING ARBITRATION IN NEW YORK, NY OR LOS ANGELES COUNTY, CALIFORNIA, UNITED STATES, BEFORE A SINGLE ARBITRATOR MUTUALLY AGREEABLE TO BY YOU AND OPENPROPERTY AND APPLYING THE LAW OF NEW YORK. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS RULES (INCLUDING ITS RULES AND PROCEDURES FOR CONSUMER-RELATED DISPUTES) IN EFFECT ON THE DATE THEREOF ("AAA RULES"). PRIOR TO EITHER YOU OR OP INITIATING ANY COVERED CLAIM AGAINST THE OTHER IN ANY FORUM UNDER ANY LAW, THE INITIATING PARTY WILL GIVE THE OTHER PARTY AT LEAST SIXTY (60) DAYS' ADVANCED WRITTEN NOTICE. OPENPROPERTY WILL PROVIDE SUCH NOTICE BY EMAIL TO THE EMAIL ADDRESS THAT YOU PROVIDED WHEN YOU CREATED YOUR ACCOUNT AND YOU MUST PROVIDE NOTICE TO OPENPROPERTY BY EMAIL AT SUPPORT@OPENPROPERTY.COM. IF, AFTER THE 60-DAY NOTICE PERIOD ENDS, EITHER PARTY DECIDES TO INITIATE ARBITRATION, THEY MUST PROVIDE THE OTHER PARTY WITH A DEMAND FOR ARBITRATION AS SPECIFIED IN THE AAA RULES.

    2. THE AAA RULES GOVERN ALL FILING, ADMINISTRATION AND ARBITRATOR FEES. IF, HOWEVER, YOU CAN DEMONSTRATE THAT THE COSTS OF ARBITRATION ARE PROHIBITIVE FOR YOU AS COMPARED TO THE COSTS OF LITIGATION, OPENPROPERTY WILL PAY AS MUCH OF THE FILING, ADMINISTRATION AND ARBITRATOR FEES AS THE ARBITRATOR DEEMS NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST-PROHIBITIVE FOR YOU. IF THE ARBITRATOR DETERMINES THAT ANY CLAIM, INCLUDING ANY COVERED CLAIM, YOU ASSERT IN THE ARBITRATION IS FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE, YOU AGREE TO REIMBURSE OPENPROPERTY FOR ALL FEES ASSOCIATED WITH THE ARBITRATION THAT OPENPROPERTY PAID ON YOUR BEHALF WHICH YOU OTHERWISE WOULD BE OBLIGATED TO PAY UNDER THE AAA RULES.

    3. A SINGLE ARBITRATOR WILL BE SELECTED IN ACCORDANCE WITH THE AAA RULES. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE ARBITRATOR WILL HAVE THE POWER TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER ANY LAW AND ANY AWARD OF THE ARBITRATOR WILL BE FINAL AND BINDING ON EACH OF THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATOR WILL NOT, HOWEVER, HAVE THE POWER TO AWARD PUNITIVE OR EXEMPLARY DAMAGES, THE RIGHT TO WHICH EACH PARTY HEREBY WAIVES. THE ARBITRATOR WILL APPLY THE LAW OF THE STATE OF NEW YORK AND THE PROVISIONS OF THESE T'S & C'S, OP'S PRIVACY POLICY AND OP'S SITE TERMS OF USE, AS THE CASE MAY BE, AND THE FAILURE TO DO SO WILL BE DEEMED AN EXCESS OF ARBITRAL AUTHORITY AND GROUNDS FOR JUDICIAL REVIEW. THE ARBITRATOR'S DECISION MUST BE WITH WRITTEN EXPLANATION AND SUCH DECISION AND ALL ARBITRATION PROCEEDINGS AND FILINGS SHALL REMAIN CONFIDENTIAL.

    4. IF ANY PROVISION OF THIS AGREEMENT TO ARBITRATE IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION(S) WILL BE SEVERED AND THE REMAINING PROVISIONS WILL BE ENFORCED (BUT IN NO CASE WILL A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ARBITRATION BE PERMITTED). REGARDLESS OF ANY LAW TO THE CONTRARY, NOTICE OF ANY COVERED CLAIM MUST BE MADE WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR BE FOREVER BARRED. FOR PURPOSES OF THIS PARAGRAPH 28, THE T'S & C'S, SITE TERMS OF USE, PRIVACY POLICY AND ANY SERVICE HEREUNDER AND ANY RELATED TRANSACTIONS AND ALL COVERED CLAIMS ARE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SEC. 1-16 (FAA).

    5. PLEASE NOTE: BY AGREEING TO THE PROVISIONS OF THIS PARAGRAPH 28, YOU EXPLICITLY AGREE THAT ANY COVERED CLAIM THAT YOU MAY OTHERWISE HAVE AGAINST OPENPROPERTY UNDER THE LAW OF ANY JURISDICTION OUTSIDE THE UNITED STATES IS HEREBY WAIVED, INCLUDING ANY COVERED CLAIM UNDER THE LAW OF YOUR OWN COUNTRY, AND THAT YOUR SOLE LOCATION TO RESOLVE ANY COVERED CLAIM IS IN THE UNITED STATES ACCORDING TO THE TERMS OF THIS AGREEMENT TO ARBITRATE AND APPLYING THE LAW OF NEW YORK. THIS PROVISION DOES NOT APPLY IF YOU ARE A CONSUMER RESIDING IN A JURISDICTION THAT REQUIRES US TO USE A LEGALLY COMPETENT COURT OF THE JURISDICTION WHERE YOU RESIDE.

    6. IF OPENPROPERTY ADDS, DELETES OR AMENDS (COLLECTIVELY "MODIFIES") ANY OF THE TERMS OF THIS AGREEMENT TO ARBITRATE AFTER THE DATE ON WHICH YOU FIRST AGREE TO THESE T'S & C'S, YOU MAY REJECT ANY SUCH ADDITIONS, DELETIONS OR AMENDMENTS (COLLECTIVELY "MODIFICATIONS") BY SENDING WRITTEN NOTICE TO OP OF THE MODIFICATION(S) TO WHICH YOU REJECT WITHIN THIRTY (30) DAYS AFTER THE DATE OP POSTS NOTICE OF THE MODIFICATION(S) ON THE SITE . YOU MAY SEND YOUR NOTICE BY EMAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT TO SUPPORT@OPENPROPERTY.COM (WITH "REJECTION OF AGREEMENT TO ARBITRATE" IN THE SUBJECT LINE). YOUR NOTICE MUST INCLUDE YOUR FULL NAME AND CLEARLY INDICATE WHICH MODIFICATION(S) YOU WISH TO REJECT. AFTER YOUR REJECTION OF ANY MODIFICATIONS, YOU AGREE TO RESOLVE ANY COVERED CLAIM IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT TO ARBITRATE AS THE SAME MAY HAVE THEN BEEN MODIFIED.

  31. Proprietary Rights. OpenProperty expressly retains title and ownership to all worldwide Intellectual Property rights, including without limitation, design, know-how, patent rights, trademarks, and copyrights in and to OpenProperty and the Services and the Site, OpenProperty trademarks, service marks and logos, and any modifications, adaptations, derivative works, and enhancements made thereto. All content on the Site is protected by copyright. You may download materials displayed on the Site solely for Your personal use, acknowledging that You are responsible for protecting Your personal information contained in such downloads.

  32. Entire Agreement; Amendments; Severability. These T's & C's constitute the entire agreement between You and OpenProperty concerning the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter, including any other statements made regarding OpenProperty or the Services or the relationship between OpenProperty and any individual who registers with OpenProperty (including You) that appears anywhere on the OP Site or on any of the webpages thereof. These T's & C's may be amended by OpenProperty at any time by posting such amendments on the OP Site. Your continued participation in OpenProperty and use of any Service after such posting constitutes Your acceptance of those amendments. Should any provision of these T's & C's be declared or determined by any court of competent jurisdiction or arbitrator to be illegal, invalid, or unenforceable, such provision shall be construed and amended in a manner which would permit its enforcement, but in any event the validity of the remaining parts, terms, or provisions shall not be affected thereby and any illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of these T's & C's. In such event, You and OP agree that such court or arbitrator may impose any lesser restrictions it finds appropriate to protect the interests of You and OP.

  33. Governing Law. You and OP hereby stipulate that these T's & C's have been made, executed and delivered in NewYork, in which state the offices of OP are located. Accordingly, You and OP invoke the laws of New York regarding the protection of their rights and enforcement of their obligations hereunder and they mutually stipulate and agree that these T's & C's are in all respects (including, but not limited to, all matters of interpretation, validity, performance and the consequences of breach) to be exclusively construed, governed and enforced in accordance with the internal laws (excluding all conflict of laws rules) of New York and any applicable federal laws of the United States of America, as from time to time amended and in effect.

  34. No Waiver. No failure to exercise and no delay in exercising any right, power, or remedy hereunder shall impair any right, power or remedy which either You or OP may have, nor shall any such delay be construed to be a waiver of any such right, power, or remedy, or any acquiescence in any breach or default hereunder; nor shall any waiver of any breach or default of either You or OP hereunder be deemed a waiver of any default or breach subsequently occurring. All rights and remedies granted to either You or OP hereunder shall remain in full force and effect notwithstanding any single or partial exercise of, or any discontinuance of, any action begun to enforce any such right or remedy. No action or inaction by either You or OP shall be taken as a waiver of Your or its right to insist that the other abide by the obligations under these T's & C's, unless such waiver is in writing, expressly waives such rights, and is signed by or on behalf of You or OP.

  35. Linked Internet Sites. OP is not responsible for the content available on any other internet sites linked to the Site. Access to any other internet sites linked to the Site is at the user's own risk.

  36. Google Map Services. This site uses Google Maps. By viewing pages that contain Google Maps You are agreeing to be bound by Google's Terms of Use, which You may review at http://www.google.com/intl/en_en/help/terms_maps.html.

  37. Photographs and Images. All images of or related to OP Properties that are displayed on the Site's OP Property Profile pages are furnished by or on behalf of the Landlord of the OP Property and may be modified, changed, amended, or discontinued at any time by the subject OP Property. OpenProperty disclaims all liability for or in connection with any use of or reliance on any such images.

  38. Submissions. Other than for Your non-public, Personal Information that is protected, all information that You submit using the Site will be treated as non-confidential and OP shall have the right to use such information for any purpose permitted by federal law. By sending such information to OP, You agree that OP shall be free to use such information. In submitting such information, You agree that such information will be deemed the sole and exclusive property of OP.

  39. Passwords. Access to and use of password-protected and/or secured areas of the Site are restricted to authorized users only. You agree that only authorized users may use these areas of the Site and that all registration information that You provide or that is provided by a third party on Your behalf is complete and accurate as to Your OpenProperty profile. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You agree to keep Your password in strictest confidence and not to disclose it to anyone else. If You think that someone may have learned of Your password, immediately select a new password and notify Support. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL HAVE NO LIABILITY TO YOU OR A THIRD PARTY FOR ANY UNAUTHORIZED ACTIVITIES USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED THE COMPANY AND THE COMPANY HAS HAD A REASONABLE OPPORTUNITY TO ACT ON SUCH NOTICE. No Company employees, personnel, or any affiliated company will request Your password. If You receive such a request, do not disclose such information and contact the Company immediately.

  40. Cancellation. OP may terminate Your use of the Site for any reason at any time.

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