Effective Date: 9/1/21
1. ACCEPTANCE OF AGREEMENT
By clicking the “I Agree” button at your time of registration, or by otherwise accessing and using the Site, You (a) agree to be bound by this Agreement; (b) represent and warrant that You are 18 years old or older (and, if You are acting on behalf of an entity, that the entity is a corporation, partnership, or other legal entity duly formed (and incorporated, if applicable) in good standing where required to do business, and You have all legal authority and power to accept this Agreement on the entity’s behalf); (c) agree to provide true, accurate, current, and complete information in any registration forms required in connection with the Site; (d) represent and warrant that You have the power and authority to enter into and perform under this Agreement; and (e) represent and warrant that Your use of the Site will comply with the terms of this Agreement and all applicable laws. If You are a third party accessing an account(s) on behalf of an account owner (e.g., as an administrator), You agree that this Agreement applies to Your activities on behalf of such account owner. If this Agreement is not acceptable to You, Your sole remedy is to no longer use the Site.
2. ADDITIONAL TERMS
Certain features of the Site may be subject to additional terms (“Additional Terms”) presented in conjunction with such features. You must agree to any applicable Additional Terms before using the features of the Site to which they apply. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the portion of the Site to which they relate. If any Additional Term is inconsistent with the provisions of this Agreement, the Additional Term will prevail for the specific feature of the Site to which it applies.
3. SITE ACCESS AND USE
BOP grants You a personal, limited, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Site only on servers controlled by BOP in accordance with the use instructions (including configuration options) included with the Site. You may only use the Site for the purpose of assisting in real property financing transactions and not for any other purpose.
In connection with Your access to the Site, You agree that You will not use the Site in a way that is unlawful or prohibited under this Agreement. Except for the limited rights set forth in this Section, You may not:
- Download, copy, transmit, exploit, broadcast, perform, modify, distribute, publicly display, or create a derivative work of the Site, or sell, lease, sublicense or otherwise assign, or transfer any right in the Site;
- Violate any applicable federal, state or local law or regulation, including but not limited to, any laws regarding the export of data or software from the United States or other countries, the Civil Rights Acts of 1866 and 1964, the Fair Housing Act, the Americans with Disabilities Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, and the CAN-SPAM Act of 2003;
- Obtain unauthorized access to the Site;
- Send any advertising or promotional material that is unrelated to the purchase, sale, or marketing of real estate in connection with the Site;
- Send junk mail, chain letters, spam, contest advertisements, or similar unsolicited messages;
- Create a false identity for the purpose of misleading others, including attempting to impersonate BOP, a BOP employee, or another user;
- Engage in defamation, harassment, or abuse, or otherwise violate, or attempt to violate, the rights of others;
- Publish, post, upload, distribute or disseminate any material or information on the Site that is inappropriate, profane, defamatory, infringing, obscene, harassing, harmful, threatening, tortious, libelous, invasive of another’s privacy or right of publicity, hateful, or unlawful, or that is racially, ethnically, or otherwise objectionable on the Site;
- Falsify or remove any notices or proprietary markings indicating the origin or source of information that is uploaded or downloaded from the Site;
- Use a third party’s content in unauthorized manner, including by uploading information that contains material protected by intellectual property laws or rights of privacy that You do not own and for which You have not obtained necessary consents;
- Use the Site in any manner that could disable, overburden, damage, impair, or interfere with any other party’s use of the Site or employ any device or software in an attempt to do so;
- Circumvent the user authentication or security of the Site or any host, network, or account related thereto;
- Introduce any harmful material or software designed to cause damage or impair functioning of the Site. including but not limited to, viruses, trojan horses, worms, logic bombs, cancelbots, or corrupted files;
You agree not to access the Site by any means other than through the designated interfaces that are provided or authorized by BOP for use in accessing the Site.
You acknowledge and agree that the Site is intended for access and use by means of web browsing software, and that BOP does not commit to support any particular web browsing platform. BOP reserves the right at any time to revise and modify the Site, release subsequent versions and to alter features, specifications, capabilities, functions and other characteristics of the Site, without notice to You. If any revision or modification to the Site materially changes Your ability to conduct business, Your sole remedy is to terminate this Agreement by ceasing Your use of the Site.
4. TERM AND TERMINATION
This Agreement commences on the date that You accept it or otherwise first access and use the Site and continues until terminated by either party in accordance with this Section. Either party may terminate this Agreement at any time and for any reason upon written notice to the other party.
In the event of termination, BOP may, at its option, permanently delete from its servers any and all information and content that You have uploaded to the Site, including but not limited to any web pages generated by You or the Site and any reports generated by You. BOP will not be responsible or liable for such deleted information and content.
The following Sections will survive the expiration or termination of this Agreement: 11-20.
BOP may modify this Agreement at any time in its sole discretion. Modifications are effective upon being posted on the Site and will apply to Your use of the Site after any such changes are posted. Although BOP may provide notice to You of changes to this Agreement, You are responsible for reviewing the Agreement posted on the Site periodically to ensure that You are aware of any changes. Your continued use of the Site following BOP modification of this Agreement will constitute Your acceptance of the changes. If you do not agree with any modification, you should cease use of the Site. Any new or additional features, tools, services, or content that are added to the Site will also be subject to this Agreement.
BOP may, in addition to its right to terminate this Agreement, suspend all or part of the Site and/or suspend or limit Your access to the Site if BOP determines any such suspension to be necessary for any technical, security, or other reason.
Without limiting the foregoing, we retain the right to decline to provide the Site to any user who violates this Agreement.
7. USE GUIDELINES
You acknowledge and agree that BOP may, from time to time during the term of this Agreement, issue instructions, use guidelines, and policies regarding Your use of the Site and that You will be bound by such guidelines upon their issuance.
8. ACCESS AND SECURITY
You may receive a password from BOP to access and use the Site. You agree to keep Your password confidential. You are fully responsible for all activities that occur under Your password on the Site. You agree to immediately notify BOP of any unauthorized uses of the Site or any other breaches of security of which You become aware. You acknowledge and agree that BOP will not be liable for Your acts or omissions or those of any user of the Site to whom You gave access, including any damages of any kind incurred as a result of such acts or omissions.
9. UPLOADED MATERIAL, including personal information; required redaction
You will be able to upload documents on the Site, such as credit reports, financial account statements and loan documentation (collectively, “Uploaded Material”), for access by other users, for the purpose of facilitating real estate transactions. The Site includes a redaction tool intended to enable you to obscure sensitive personal information such as social security numbers and financial account numbers at the time you upload the Uploaded Material, as well as other personal information that is not needed for purposes of the real estate transaction.
You are legally responsible for all Uploaded Material that You upload in connection with the Site. You represent and warrant that (a) you have taken appropriate steps to redact sensitive personal information or extraneous personal information that is included in the Uploaded Materials that you provide to the Site and (b) your access of use of Uploaded Material is in accordance with applicable law, including but not limited to the Fair Housing Act and similar state and local laws, the Gramm-Leach Bliley Act, and other federal, state and local non-discrimination and data privacy laws.
10. PROPRIETARY RIGHTS AND OWNERSHIP
You acknowledge and agree that the Site contains proprietary and confidential information that is protected by copyright, patent, trademark, trade secret, and other applicable intellectual property and other laws. Except for Your limited access and use license, (a) You may not use, copy, transmit, modify, distribute or create any derivative works of the Site; and (b) BOP, its licensors, and its third-party suppliers retain all right, title and interest in and to the Site, as applicable.
BOP will use commercially reasonable efforts to provide support to You in connection with Your use of the Site, during normal business hours (Pacific Time).
You agree to defend, indemnify and hold harmless BOP and its employees, officers, directors, affiliates, contractors, suppliers, and agents from and against any and all liabilities, claims and expenses (including attorneys’ fees) that arise from Your breach of this Agreement or in connection with Your use of the Site or any of Uploaded Material, including any claims resulting from your failure to appropriately redact personal information that you provide to the Site.
Without limiting the foregoing indemnification obligations, BOP reserves the right to, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You agree to reasonably cooperate as requested by BOP in the defense of any claims.
You may from time to time provide feedback, suggestions, ideas, or other comments to BOP regarding the Site or other BOP existing or potential services (“Feedback”). Feedback will be given entirely voluntarily. Your submission of Feedback constitutes an assignment to BOP of all worldwide rights, title, and interest in all copyrights and other intellectual property rights in the Feedback. BOP will be the sole owner of Feedback, and will be free to use, disclose, reproduce, license or otherwise distribute and exploit Feedback as it sees fit, entirely without obligation or restriction of any kind.
14. THIRD-PARTY SERVICES AND LINKS
The Site may incorporate third-party services (e.g., Google Analytics) and Your use of such third-party services will be at Your own risk and subject to any additional terms provided with the service. BOP will not be liable or responsible for the third-party service, including as to delivery and accuracy. The Site may include links to third-party sites and content and Your use of such third-party sites and content will be at Your own risk and subject to any additional terms applicable to the third-party sites and content. BOP will not be liable or responsible in any way for such third-party sites and content.
You agree that this Agreement and the non-public components of the Site and all non-public information provided in connection with this Agreement and the Site are the confidential and proprietary information of BOP and its third party suppliers (“BOP Confidential Information”). You agree not to disclose BOP Confidential Information to any third party without the prior written consent of BOP. If You are required by law to disclose any BOP Confidential Information You agree to provide BOP with as much advance notice and an opportunity to intervene to prevent or limit such disclosure before complying with any legally required disclosure. You agree to protect BOP Confidential Information in the same manner that You protect Your own confidential information but in no event to use less than industry standard efforts.
16. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” BOP AND/OR ITS AFFILIATES, SUPPLIERS, AND REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BOP DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SITE. IN PARTICULAR, BOP MAKES NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR (D) WILL BE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. NOR DOES EST OFFER WARRANT THAT ANY DEFECTS OR ERRORS ON THE SITE OR CONTENT WILL BE CORRECTED. USE OF THE SITE IS AT YOUR OWN RISK.
BOP, ITS AFFILIATES, ITS SUPPLIERS, AND REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEST OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE AGGREGATE LIABILITY OF BOP, ITS AFFILIATES, SUPPLIERS, AND REAL ESTATE PROFESSIONALS UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE SITE WILL NOT, FOR ANY REASON, EXCEED TWENTY-FIVE DOLLARS (US$25).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You may not assign this Agreement, in whole or in part, without the prior written consent of BOP, and any attempted assignment will be void. BOP may assign this Agreement at our sole discretion. This Agreement will bind and inure to the benefit of permitted assigns.
18. RELATIONSHIP OF PARTIES
This Agreement will not establish a partnership, joint venture, employment, franchise, or agency between BOP and You. Neither party will have the authority to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Except as otherwise expressly provided herein, there will be no third-party beneficiaries to this Agreement.
19. CLAIMS OF COPYRIGHT INFRINGEMENT
BOP respects the intellectual property rights of others and takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.
20. DISPUTE RESOLUTION
You agree that any claim or controversy arising out of or relating to this Agreement and/or the use of the Site will be governed by the laws of the state of California and that venue for any action arising from or related to this Agreement and/or the use of the Site will be solely in any court of competent jurisdiction in Orange County, California, USA. If either party employs attorneys to enforce any rights in connection with any such dispute or lawsuit the prevailing party will be entitled to recover reasonable attorneys’ fees.
21. FORCE MAJEURE
Except for any obligations to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, labor shortage or dispute, and/or failure of the internet.
22. SITE CONTACT NOTICE
BOP may provide You notice under this Agreement to the email address that You provide when registering for access and use of the Site. Notices emailed to You will be deemed given and received when the email is sent. You may provide notice under this Agreement to BOP to the following address:
BOP Enterprises, LLC
Attn: David Arvidson
1805 E. Garry Ave, Santa Ana 92705
23. INTEGRATION AND SEVERABILITY
This Agreement constitutes the entire agreement between You and BOP and supersedes any prior agreement(s) pertaining to the Site (including prior versions of this Agreement). If any provision of this Agreement is found by a court of competent jurisdiction to be void or unenforceable the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions of this Agreement will remain in full force and effect.