Ofirio - Terms of Use

1. Overview of Services.Ofirio is a full-service real estate brokerage company, actively involved in all phases of real estate. Ofirio is also a real estate data provider of in-depth information on any US property, commercial or residential. The specific features and functionality of our Services are dynamic and may change from time to time.
2. Disclaimer.We reserve complete and sole discretion with respect to the operation of our Services. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of our Services at any time.

To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to Ofirio; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of Ofirio or a third party.

You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited. For example, sharing a login between non-entity individual users is prohibited.

1. Accuracy.By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
2. Privacy.To use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may collect, disclose, store and otherwise use your information in accordance with the terms of the Ofirio Privacy Policy, available at Privacy Policy.
3. Your Content.As between you and Ofirio, you own the information, materials, photos, or other content (the “Content”) you provide Ofirio under this Agreement. Any Content that you upload or otherwise provide to Ofirio in connection with the Services may be used by Ofirio in order to provide and promote the Services or Ofirio’s business. Accordingly, you grant to Ofirio, and all of its subsidiaries, affiliates, successors, and assigns, a worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable, non-exclusive, and transferable right to use, publish, reproduce, distribute, modify, prepare derivative works of, adapt, publicly display and otherwise use the Content. Such right to use such Content shall survive the termination of these Terms and termination of the Services. You authorize us to use, forward, or post your profile or related information on other sites and services. Additionally, you authorize us to use your corporate logo and corporate name, if applicable, for any promotional purposes (to opt-out, email us at [email protected]). Notwithstanding the foregoing, you retain all rights to the Content, except as otherwise provided herein or as otherwise provided in any other agreement between you and Ofirio. Any Content you submit to us is provided at your own risk of loss. You are solely responsible for all Content you share, provide, display, publish, or disseminate to others, whether such action was taken by us or you. By providing Content to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights). Ofirio may also remove or delete your Content from the Services at any time in its sole discretion.
4. Other Users.You acknowledge and agree that we do not have an obligation to verify any Content or other information provided by users on the Services. Ofirio also enables sharing of information by allowing users to post content and information, including links and other information. Pursuant to the license granted by you above, Ofirio may grant other users of the Services access and share rights to your Content in accordance with these Terms, your settings and the nature of your connection with such other users. Information you share may be seen and used by other users of the Services. Ofirio cannot guarantee that users of the Services will not use the information that you share on Ofirio, nor the manner of use. Ofirio is not responsible for another user’s or other third party’s misappropriation or misuse of your Content or other information. Additionally, Ofirio is not responsible for the truthfulness, accuracy, authenticity, or completeness of any of the Content or any other information provided by other users or any other third party. You hereby release Ofirio from all claims, demands, or damages of every kind, known or unknown, in any way connected with (i) any relationship arising between users of the Services, (ii) any dispute between you and another user, or (iii) arising out of any services which originated through the Services or were otherwise provided by a user. Additionally, you agree to immediately report to us any false information provided or misconduct by any user of the Services.
5. Social Media Integration.The Services may allow you to enable or log in to the Services via various social networking services like Facebook or Twitter (“Social Network Service(s)”). By directly integrating these services, we make your online experiences richer and more personalized. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant Social Network Service. When you add a Social Network Services account to the Service or log into the Service using your Social Network Services account, we will collect relevant information necessary to enable the Service to access that Social Network Service and your data contained within that Social Network Service. As part of such integration, the Social Network Service will provide us with access to certain information that you have provided to the Social Network Service, and we will use, store and disclose such information in accordance with our privacy statement. However, please remember that the manner in which Social Network Services use, store and disclose your information is governed by the policies of such third parties, and Ofirio shall have no liability or responsibility for the privacy practices or other actions of any Social Network Services that may be enabled within the Service.
6. Your Account.Except for your Content licensed to us as set forth above, the account you create and any related profile is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account.
7. Feedback.You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Services or otherwise relating to Ofirio (“Feedback”) to Ofirio. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Ofirio shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Ofirio under any circumstances relating to such Feedback.

Subject to the terms and conditions herein, Ofirio grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a web browser or Ofirio authorized Site to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host content for others. You may not copy or download any content from the Services except with the prior written approval of Ofirio. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Ofirio.

Furthermore, without the prior written approval of Ofirio, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by Ofirio are licensed, not sold. The Services, and all copies of the Services, are owned by Ofirio or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Ofirio reserves all rights not expressly granted to you herein. You agree that you have no right to any Ofirio trademark or service mark and may not use any such mark in any way unless expressly authorized by Ofirio.

Making unauthorized copies or distribution of Site content or otherwise violating these Terms may result in the termination of your Ofirio account, prohibition on use of the Services, and further legal action. Ofirio reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms of Use.

Ofirio is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold Ofirio harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.

By purchasing any Services that we offer for a fee (“Paid Services”), you agree to pay the applicable fees for the Paid Services when due plus all related taxes. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. Unless otherwise denoted, all fees are assessed in U.S. dollars. You also agree that Ofirio and its third-party service providers providing payment processing services may store your payment information. We may charge your payment information for subsequent charges you authorize, such as account upgrades or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not edit the applicable information or cancel such Paid Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. If you purchase a subscription to a Paid Service, you will be billed for your first month immediately upon purchasing or upgrading to a subscription account. Unless otherwise set forth on an applicable ordering document incorporating these Terms, the Services are billed in advance on a monthly basis and are non-refundable. For any upgrade or downgrade in plan level, your payment information will automatically be charged the new rate on your next billing cycle in addition to the prorated change in the amount of your subscription for the remainder of the current billing cycle (downgrading your plan level may cause the loss of features or capacity of your account; Ofirio does not accept any liability for such loss). Your subscription account shall automatically renew, provided that you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You shall retain access to such Paid Services from the time you cancel until the start of the next billing period, but you will not receive a refund or credit for any days remaining in your current billing period. You agree to reimburse us for all collection costs and interest for any overdue amounts.

Ofirio may offer certain customers free trials to Paid Services. If you purchase a subscription to a Paid Service that includes a free trial, you will receive free access to such Paid Service for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription for such Paid Service and may continue to be charged until you cancel your subscription. To avoid charges, you must cancel before the end of the free trial period.

Failure to pay may result in the termination of your subscription. You may cancel or suspend your Paid Services by contacting Ofirio at [email protected]. Unless expressly stated to the contrary, we do not guarantee refunds for lack of usage, dissatisfaction or any other reason.

Paid Services may be subject to additional terms, in addition to these Terms, related to the provision of the Paid Service.

You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:

• Using the Services while operating a motor vehicle;
• The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
• Acts that may materially and adversely affect the quality of other users’ experience;
• Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
• Introducing malicious programs into Ofirio’s Services, network or servers (e.g. viruses, worms, Trojan horses, etc.);
• Engaging in any monitoring or interception of data not intended for you without authorization;
• Attempting to circumvent authentication or security of any host, network, or account without authorization;
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
• Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other users’ content, in whole or part;
• Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by Ofirio in writing;
• Using any method, software or program designed to collect identity information, authentication credentials, or other information;
• Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
• Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patents, trademarks, trade secrets or copyrights;
• Transmitting, receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Falsifying user identification information;
• Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
• Impersonating any person or entity, including, but not limited to, an Ofirio representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Ofirio enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Ofirio may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:

• Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to Ofirio or any URL (domain) that is hosted by Ofirio.
• The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by Ofirio.
• Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

If Ofirio determines that you have posted one or more articles of SPAM, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.

You agree not to use the Services for the purpose of recruiting for another website or service that offers competing functionality to the Services.

Ofirio respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate, in appropriate circumstances, the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the Services that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Ofirio has the right, but not the obligation, to remove from the Services any files, material, information, software or other material Ofirio believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.

If you believe in good faith that your copyright has been infringed, please provide a written communication regarding such belief to: [email protected].

Ofirio may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Ofirio in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Ofirio denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.

In the event that these Terms or the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, Ofirio reserves the right to delete all of your Content, data, and other information stored on Ofirio’s servers. Ofirio will not be liable to you or any third party as a result of the termination of these Terms or the Services or for any actions taken by Ofirio pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Ofirio will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.

You may terminate these Terms by terminating your use of the Services and any related account. Ofirio may terminate these Terms or suspend your use or access of the Services at any time upon written notice to you. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. Termination of these Terms or the Services does not relieve you from your obligation to pay Ofirio any amounts owed to Ofirio.

You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to Ofirio any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Ofirio shall not be liable for any unauthorized use of payment accounts.

Notice to End-Consumer Regarding Rebates: Please note that Ofirio offers “rebates,” alternatively referenced as “cash back”, which are credits based on property sales. Rebates are offered at the sole discretion of Ofirio, and are not available in all states, and in all circumstances. Moreover, rebates and referrals are offered to Brokers and Brokerages at the discretion of Ofirio. In order to maintain a Rebate offer, You need to work with an Ofiriro approved or referred agent and the rebate needs to be present on a HUD-1 Settlement Statement. Furthermore, the application of a rebate may or may not affect bank loans, the qualification of obtaining those loans, or other issues as it relates to mortgages. Ofirio is in no way responsible, and is therefore not liable, for any decision of a bank in extending, declining, or modifying financing terms based on the application of a rebate, credit, or any other financial incentive provided by Ofirio. Nothing in this section should be read to apply any sort of warranty.

MLS® is state-level Multiple Listing Services (each, an “MLS”) under the Internet Data Exchange (“IDX”) / the Virtual Office Website (“VOW”) program of the MLS® (collectively, the “Sourced Information”). The term Virtual Office Website (“VOW”) or Internet Data Exchange (“IDX”) refers to Ofirio’s real estate search website, through which Ofirio provides real estate brokerage services to Registrants (clients and prospects) with whom Ofirio has first established a relationship and where the Registrant has the opportunity to search for MLS® data, subject to the Participant's oversight, supervision and accountability.

1. Agency Relationship.You acknowledge and understand that the Terms of Use creates a customer relationship with Ofirio. This does not impose a financial obligation on you or create any representation agreement between you and Ofirio. If you have an exclusive representation agreement with any other real estate agent or broker, that agreement may prohibit you from receiving the type of real estate services that Ofirio may provide unless you first obtain that agent or broker's permission. By accepting this Terms of Use, you warrant and affirm that you are not in an exclusive representation agreement with another real estate agent or broker that prevents you from now agreeing to receive service from Ofirio or an Ofirio broker through our website.
2. Non-Commercial Use.You understand that all data obtained from the VOW and/or IDX is intended only for your personal, non-commercial use.
3. Bona Fide Interest.You have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW and/or IDX.
4. No Distribution.You agree not to copy, redistribute or retransmit any of the data or information provided from the MLS® database;
5. Copyright.You acknowledge the Board/Association ownership of and the validity of the copyright in the MLS® database.
6. Disclosure to Board.You agree that all information you provided to Ofirio may be provided to the relevant Board and may be used to administer and operate the VOW and/or IDX and to investigate any breach of security of the data or the MLS® rules
7. Acknowledgement.You agree that creating an account is sufficient acknowledgement and agreement to the Terms of Use and would like access to the VOW and/or IDX information upon account creation.
8. Username and Password.You must supply a user name and a password, the combination of which must be different from those of all other Registrants on the VOW or IDX, before being permitted to search and view information from the MLS® database via the VOW and/or IDX.
9. Email Address.You must provide a valid email address. The Registrant may be permitted to access the VOW and/or IDX only after Ofirio has verified that the email address provided is valid and the Registrant's agreement to the VOW's and/or IDC’s Terms of Use is confirmed.
10. Retention by Ofirio.You understand that Ofirio must at all times maintain a record of the name, telephone number and email address supplied by you, the Registrant, and the username and current password of each Registrant. Such records are to be kept for not less than 180 days after the expiration of the validity of the Registrant's password. If the Board/Association has reason to believe that a Participant's VOW and/or IDX has caused or permitted a breach in the security of the data or a violation of MLS® rules related to use by one or more Registrants, the Participant shall, upon request, provide to the Board/Association a copy of the record of the name, email address, telephone number, username, current password, and audit trail, if required, of any Registrant identified by the Board/Association to be suspected of involvement in the violation.
11. No Warranty.You understand that information on this site is deemed to be valid but is not guaranteed. It is the responsibility of the Registrants to confirm all information on their own. Ofirio may not have reviewed or approved listing enhancements. All information provided by the listing agent/broker is deemed reliable but is not guaranteed and should be independently verified.
12. No Further Agreement.You understand any agreement entered into at any time between the Participant and Registrant imposing a financial obligation on the Registrant or creating agency representation of the Registrant by the Participant must be established separately from the Terms of Use, must be prominently labelled and may not be accepted solely by “mouse click”.

Any performance information, data, third party content, property information or other information obtained or accessed through the Services (collectively, “Ofirio Data”) are projections. Ofirio Data are not actual results. Ofirio Data is based upon various assumptions and representative properties. We make no representations or warranties that a performance record similar to the projected returns in the Ofirio Data will or is likely to be achieved. The Ofirio Data is based upon the potential performance of representative properties. The Ofirio Data is believed to be reliable and has been obtained through our research and from sources believed to be reliable, but no representation or warranty is made, expressed or implied, with respect to the fairness, correctness, accuracy, reasonableness or completeness of the information and opinions. Additionally, there is no obligation to update, modify or amend the materials contained herein or to otherwise notify you in the event that any matter stated herein, or any opinion, projection, forecast or estimate set forth herein, changes or subsequently becomes inaccurate.

Any Ofirio Data presented is subject to significant assumptions. While Ofirio believes the assumptions used to generate Ofirio Data present in this communication are reasonable, these assumptions are subjective in nature and other assumptions may also be reasonable. Different assumptions may result in materially different returns. You acknowledge and agree that you understand the assumptions used and their effect on these projections. You should understand that you may lose some or all of their investment. The projections set forth in the Ofirio Data are provided to you on the understanding that you understand and accept the inherent limitations of such results, will not rely on them in making any decision to invest in a property. No representation or warranty is being made that a performance record similar to the projected returns will or is likely to be achieved.

OFIRIO IS NOT AN INVESTMENT ADVISER, IS NOT ADVISING ON SECURITIES AND IS NOT UTILIZING THIS COMMUNICATION TO PROVIDE INVESTMENT OR OTHER ADVICE, AND NO INFORMATION OR MATERIAL AVAILABLE THROUGH THIS COMMUNICATION SHALL CONSTITUTE INVESTMENT ADVICE. THE SERVICES SHALL NOT BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY SECURITIES OF ANY PRODUCT. OFFERS CAN ONLY BE MADE WHERE LAWFUL UNDER, AND IN COMPLIANCE WITH, APPLICABLE LAW. OFIRIO DOES NOT PROVIDE INVESTMENT ADVISORY, TAX, LEGAL OR FINANCIAL SERVICES, AND RECOMMENDS THAT YOU CONSULT A LICENSED REAL ESTATE, TAX, LEGAL, ACCOUNTING OR INVESTMENT PROFESSIONAL TO PERFORM AN INDEPENDENT ANALYSIS BEFORE MAKING DECISIONS REGARDING THE PURCHASE OR SALE OF REAL ESTATE.

Actual service coverage, speeds, locations and quality may vary. Ofirio will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.

Ofirio sources listings information from various third party providers, including without limitation, state-level Multiple Listing Services (each, an “MLS”) under the Internet Data Exchange (“IDX”) / the Virtual Office Website (“VOW”) program of the MLS (collectively, the “Sourced Information”). The Sourced Information provided or accessed through the Services is for the user’s personal, non-commercial use and may not be used for any purpose other than to identify prospective properties user may be interested in purchasing. All Sourced Information provided or access through the Services is deemed reliable but is not guaranteed and should be independently verified for currency, completeness, accuracy or authenticity of the data contained. Certain specific properties may or may not be available at the time of any potential investment. You acknowledge that we are not responsible for any of the acts or omissions taken by you by based on the Ofirio Data, the Sourced Information or any use of the Services.

“Comparables” are properties available on through the Services that have similar features as the property being featured. Ofirio uses certain information relating to Comparables in determining projected financial results for certain properties. Comparables are chosen on the basis of several attributes of the comparable property in relation to the featured property. Comparables are believed to be reliable and has been obtained through our research and from sources believed to be reliable, but no representation or warranty is made, expressed or implied, with respect to the fairness, correctness, accuracy, reasonableness or completeness of the information and opinions.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SITE CONTENT, OFIRIO DATA AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. OFIRIO DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. OFIRIO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, OR REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE SITE IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OFIRIO OR FROM YOUR USE OF THE SITE OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, OFIRIO’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

UNDER NO CIRCUMSTANCES WILL OFIRIO, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“OFIRIO PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

AN OFIRIO PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID OFIRIO FOR YOUR USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE OFIRIO PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY OFIRIO TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION AND THE SECTION ABOVE WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

You agree to defend, indemnify and hold the Ofirio Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your Content or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any rights of another; or (iv) your use of the Services. Ofirio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

You acknowledge and agree that Ofirio may provide notices and other disclosures to you electronically by posting such notices or other disclosures on Ofirio’s website or by emailing it to you at any email address provided to Ofirio by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.

We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting at the Site. As your next visit to the Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account.

Your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.

We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.

From time to time, the Services may contain references or links to third-party materials not controlled by Ofirio or its suppliers or licensors. Ofirio provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Ofirio is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Services. You are responsible for evaluating whether you want to access or use a third party sites. Accordingly, if you decide to use third party sites, you do so at your own risk and agree that this Agreement does not apply to your use of any third party sites. You should review any applicable terms or privacy policy of a third party sites before using it or sharing any information.

Certain content on the Services is owned by ZIP+4 data and the United States Postal Service. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. We do not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and the requirements of applicable law.

DMCA; Claims of Copyright Infringement. We respect the intellectual property rights of others and ask that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify our copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: (i) Identification of the copyrighted work that you claim has been infringed; (ii) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it; (iii) Your address, telephone number, and if available, e-mail address, so that the copyright agent may contact you about your complaint; and (iv) A signed statement that the above information is accurate, that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement claims should be sent as follows:
[email protected]
Att: Ofirio Legal Department
2035 NE 151st St
North Miami Beach, FL 33162

If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

Notice to Apple Users. If you are using our mobile applications on an iOS device, the terms of this Section 22 apply. You acknowledge that these Terms of Use are between you and the Ofirio only, not with Apple, and Apple is not responsible for the Services or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of Section 22 of these Terms of Use, and upon your acceptance of these Terms or Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 22 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1, Country Group E of the U.S. Code of Federal Regulation.

UGC Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide the Ofirio Companies images, photos, video, data, text, listings, and other content (“User Materials”). Absent any additional terms provided in your Product’s Terms, by uploading or otherwise providing User Materials to the Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. We may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Ofirio and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.

UGC Disclaimer. We are under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. We may, however, at any time and without prior notice, screen, remove, edit, or block any User content on the Services, including User Materials, that in our sole judgment violates these Terms of Use or we find otherwise objectionable, including any violation of our Good Neighbor Policy, described in Section 13(B). You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against us with respect to User Materials. We expressly disclaim any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove those User Materials, which we reserve the right to do at any time and without notice. For more information on our handling of infringing content, please see Section 11 below.

Referrals and Lead Sales. As part of the Services, you may be connected with a real estate professional. You authorize us to make such referral or lead sale and acknowledge that we may be paid valuable consideration for facilitating such connection. As part of the Services, you may be connected to a party that provides mortgage loan origination services, title and escrow services, or other settlement services.

These Terms, along with any rules, guidelines, or policies published on the Ofirio homepage constitute the entire agreement between Ofirio and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Services, the Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Ofirio. Notwithstanding the foregoing, Ofirio reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above. These Terms shall be governed by, and construed in accordance with, the laws of the state of Delaware, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with this agreement shall be in Miami-Dade, Florida. The parties each hereby consent to the jurisdiction and venue in Miami-Dade, Florida and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Ofirio shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of Ofirio. Ofirio’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Ofirio may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Ofirio, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Ofirio. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Ofirio, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement.

Ofirio accepts service of subpoenas, search warrants, and court orders seeking production of documents by email from government and law enforcement agencies. Requests must be submitted to [email protected] from an official government or law enforcement agency email address. We will not accept service of legal process sent to this mailbox from non-government or non-law enforcement email addresses. Requests should be accompanied by information about the agency and specific officer or attorney making the request sufficient to allow Ofirio to verify the request. Requests must also be facially valid and, if applicable, identify the relevant user(s) with specificity. We require a search warrant based on probable cause to release most user account content.

Ofirio accepts civil subpoenas for user data issued by Miami-Dade County and the federal courts in Florida. All subpoenas issued by civil litigants seeking Ofirio user information must be served on Ofirio at 3479 NE 163rd St Unit #2035 North Miami Beach FL, 33160, or on our Registered agent, which is 2035 NE 151ST ST NORTH MIAMI BEACH, FL 33162. Ofirio does not accept service by mail, fax, or email. Ofirio reviews all requests for user data carefully to ensure that a valid legal basis exists for the request and will challenge requests that we deem vague, overbroad, or lacking a proper legal basis. Requests must be facially valid and, if applicable, must identify the relevant user(s) with specificity. Before issuing a subpoena, parties should ensure that the information sought is not already available publicly on Ofirio websites.

If you have any questions, complaints, or claims, you may contact Ofirio at [email protected], or phone number +1 (888) 550-5978, or Ofirio, Inc, 3479 NE 163rd St Unit #2035 North Miami Beach FL, 33160.

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