TERMS OF SERVICE 

 

 

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Effective: July 1, 2023

Before you begin using YourOpenHouse.Online, or any subdomains thereof (collectively, the “IP-RightsAdministration Websites”), you must read and agree to these Terms of Use, including any future amendments (collectively, the "TOU"), and the IP-RightsAdministration Privacy Policy.

THIS TOU CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THIS TOU CAREFULLY.

1. Acceptance of Terms. This Terms of Use constitutes a binding agreement between you and IP-RightsAdministration (referred to in this TOU as “we”, “us”, or “YourOpenHouse.Online”). By using the IPRightsAdministration Websites, you certify that you have read and accept this TOU. If you do not agree to the terms of this TOU, you must immediately cease using the IPRightsAdministration Websites. Nothing in this TOU shall be deemed to confer any third-party rights or benefits.

2. Changes to IP-RightsAdministration Websites or TOU. We reserve the right to modify, alter, remove, or add improvements to this TOU, the IP-RightsAdministration Websites, information, services, products or other materials on the IP-RightsAdministration Websites at any time. We will notify you of any changes to this TOU by posting the new TOU here with the new effective date at the top of this TOU. It is your responsibility to regularly review this TOU for any modifications. Your access to or use of the IPRightsAdministration Websites after any modification to this TOU shall constitute your acceptance and agreement with the new Terms. If you do not agree with the new Terms, you must immediately cease using the IP-RightaAdministration Websites.

3. License. IP-RightsAdministration grants you a non-exclusive, non-transferable, revocable limited license to access and use the IP-RightsAdministration Websites for your personal, non-commercial use. The license granted under this Agreement is specific to you and cannot be transferred, sublicensed, or assigned without the prior written consent of IPRightsAdministration. IPRightsAdministration reserves the right to pursue any available legal remedies for your unauthorized use of the IPRightsAdministration Websites.

4. Restrictions. You agree to comply with all applicable laws, rules, and policies of the Bahamas and your country of residence, and all IPRightsAdministration rules and policies, all as may be amended from time to time, in your use of the IP-RightsAdministration Websites. You acknowledge that you are prohibited from:

i. using the IPRightsAdministration Websites to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, contains viruses or other malicious code or software, or is otherwise objectionable as reasonably determined by IP-RightsAdministration;

ii. reselling, commercially exploiting, decompiling, disassembling, translating, or creating derivatives of the IP-Rightsadministration Websites or any content on the IP-RightsAdministration Websites;

iii. using the IP-RightsAdministration Websites in a manner that infringes IP-RightsAdministration's proprietary rights;

iv. interfering with any other user’s use or enjoyment of the IP-RightsAdministration Websites;

v. using any robot, spider, worm, other automated device, or manual process to monitor or copy any content from the IPRightsAdministration Websites;

vi. removing any proprietary notices from the IP-RightsAdministration Websites or their content;

vii. intercepting or attempting to intercept any communications through the IP-RightsAdministration Websites;

viii. making any false or misleading statements about the IP-RightsAdministration Websites or

ix. using the IP-RightsAdministration Websites in violation of any applicable law, regulation, guideline or policy, including without limitation those relating to privacy or data security.

A violation of any of the foregoing may result in immediate termination of your access to the IP-RightsAdministration Websites and may subject you to jurisdictional, state and federal penalties and other legal consequences. IP-RightsAdministration reserves the right, but shall have no obligation, to investigate your use of the IP-RightsAdministration  Websites in order to determine whether a violation of this TOU has occurred or to comply with any applicable law, regulation, legal process or governmental request.

5. Third-Party Websites. The IP-RightsAdministration Websites may link to websites or content owned by third-parties (the “Third-Party Sites”). IP-RightsAdministration is not responsible for the availability, accuracy, content, products, advertising, or other material made available through any Third-Party Site, nor does IP-RightsAdministration have any obligation to monitor such Third-Party Sites or content on those Third-Party Sites. IP-RightsAdministration does not endorse or guarantee any Third-Party Sites to which the IP-RightsAdministration Websites link or are linked from. You should read the Terms of Use and Privacy Policy for any Third-Party Site you visit and contact the administrator with any questions or concerns.

6. User Generated Content. Certain pages or portions of the IP-RightsAdministration Websites, including but not limited to the blog commenting feature, may allow you to upload, post, or transmit information or messages. By submitting any text, photographs, images, drawings, audio, video or other materials (the “User Content”), you grant to IP-RightsAdministration a worldwide, perpetual, nonexclusive, transferable irrevocable license to use the User Content for any lawful purpose, including but not limited to modifying, reformatting, distributing, publicly performing, displaying, and creating derivative works of your User Content, subject to the IP-RightsAdministration Privacy Policy. You acknowledge and agree IP-RightsAdministration may monitor, alter, or remove from the IPRightsAdministration Websites any User Content provided by you without prior notice or obligation to you. You acknowledge that you have no expectation of privacy or confidentiality in any User Content you post or transmit via the IP-RightsAdministration Websites. By uploading any User Content, you represent and warrant to IP-RightsAdministration that your User Content:

i. is not unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable, as reasonably determined by IP-RightsAdministration;

ii. does not contain any viruses, worms, spiders, robots, Trojan horses, time bombs, ransomware, or other malicious code or automated device;

iii. does not contain any false or misleading statements;

iv. does not violate any applicable law, regulation, guideline or policy, including without limitation those relating to privacy or data security.

7. Accounts. If you sign up to use the IP-RightsAdministration  platform of services and applications (the “IP-RightsAdministration Services”), you may be required to create an account and provide billing information to IP-RightsAdministration. You acknowledge that you will be required to accept the terms of the IP-RightsAdministration End User License Agreement (EULA) prior to your use of the IP-RightsAdministration Services and will be bound by its terms in your use of the IP-RightsAdministration Services. In the event of any inconsistency between the terms of this TOU and the EULA, the terms of the EULA shall govern.

8. Intellectual Property Rights. You acknowledge that IP-RightsAdministration owns all right, title and interest in and to the IP-RightsAdministration Websites, including but not limited to all copyright, trademark, service mark, trade secret, patent, and other intellectual property rights (the "IP-RightsAdministration"), and such IP-RightsAdministration Rights are protected by the Bahamas and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, remove any intellectual property notice, or create derivative works from the IP-RightsAdministration Websites. The IP-RightsAdministration Rights do not include third party content displayed on or accessed through the IP-RightsAdministration Websites.

You acknowledge that the IP-RightsAdministration name, logo, and other product/service names, brands, slogans and other marks are the trademarks or service marks of IP-RightsAdministration (collectively, the “Trademarks”). You are prohibited from using the Trademarks for any purpose, including without limitation to suggest IP-RightsAdministration endorses or supports you, your business, or your products/services without the prior express written consent of IP-RightsAdministration.

9. Termination. We reserve the right to suspend, disable, or terminate the IP-RightsAdministration Websites, or your access to the IP-RightsAdministration Websites, for any reason at any time with or without notice to you.

10. Representations and Warranties. You represent and warrant that (a) you are at least 18 years of age; (b) all of the information provided by you to IP-RightsAdministration is correct and current and you are authorized to provide such information to IP-RightsAdministration ; (c) you will use the IP-RightsAdministration Websites only as authorized in this TOU; (d) you will comply with all applicable laws, rules, and regulations in your use of the IP-RightsAdministration Websites; and (e) you have all necessary right, power and authority to enter into this TOU and to perform the acts required of you by this TOU.

11. Indemnification. You agree to hold harmless and indemnify IP-RightsAdministration and all of its directors, officers, affiliates, parent and subsidiary companies, shareholders, members, agents, affiliates, licensors, other independent contractors and employees from and against any third party claim arising from or in any way related to your breach of this TOU, your breach of the warranties set forth in sections 6 and 10, or your use of the LionDesk Websites, including any liability or expense arising from all claims, losses, actual and consequential damages, suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, IPRightsAdministration will provide you with written notice of such claim, suit or action.

12. Disclaimer. You understand and agree that the IP-RightsAdministration Websites are provided on an “AS IS” and “AS AVAILABLE” basis. IP-RightsAdministration disclaims all responsibility and liability for the availability, timeliness, accuracy, security or reliability of the IP-RightsAdministration Websites. IP-RightsAdministration also reserves the right to modify, suspend or discontinue the IP-RightsAdministration Websites with or without notice at any time and without any liability to you. IP-RightsAdministration is not responsible or liable for any direct or indirect loss of business or revenue resulting from malfunctions, failures, delays, software or hardware failures, programming bugs, downtime or maintenance of the IP-RightsAdministration Websites. IP-RightsAdministration is not responsible for nonperformance caused by acts of God or governmental authority, strike or labor disputes, breach of contract by suppliers, or any other cause beyond the reasonable control of IP-RightsAdministration. IP-RightsAdministration will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. EXCEPT FOR ANY WARRANTIES PROVIDED BY IP-RightsAdministration TO YOU IN WRITING, IP-RightsAdministration AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE IP-RightsAdministration WEBSITES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF PERFORMANCE, QUIET ENJOYMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IP-RightsAdministration DISCLAIMS ANY WARRANTIES OF UNINTERRUPTED, SECURE OR ERROR-FREE SERVICE. YOU ACKNOWLEDGE THAT, DUE TO THE NATURE OF THE INTERNET, TRANSMISSIONS TO AND FROM THE IP-RightsAdministration WEBSITES MAY BE INTERCEPTED BY THIRD PARTIES AND AGREE THAT ACCESS TO AND USE OF THE IP-RightsAdministration WEBSITES IS AT YOUR OWN RISK.

13. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, SHAREHOLDERS, OFFICERS, AFFILIATES, PARENT AND SUBSIDIARY COMPANIES, MEMBERS, AGENTS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF SUBSTITUTE DATA, OR OTHER SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE IP-RightsAdministration WEBSITES INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THE IP-RightsAdministration WEBSITES OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF THE IP-RightsAdministration WEBSITES, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THE IP-RightsAdministration WEBSITES, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE IP-RightsAdministration WEBSITES. YOU ACKNOWLEDGE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO BE UNENFORCEALE, IP-RightsAdministration's MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE THE TOTAL AMOUNT PAID BY YOU TO IP-RightsAdministration IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Binding Arbitration; Class Action Waiver.

You agree any claims you bring against IP-RightsAdministration arising out of or relating to this TOU, your use of the IP-RightsAdministration Websites or IP-RightsAdministration Services, or your rights of privacy, regardless of whether such claims are based in contract, tort, statute, fraud, misrepresentation, or other legal theory, will be resolved by binding arbitration conducted by the . Arbitration is more informal than a lawsuit and does not involve a judge or jury. Discovery and the ability to appeal a judgment are more limited in arbitration. YOU UNDERSTAND THAT YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO FILE A LAWSUIT OR HAVE A TRIAL BY JURY. Arbitration shall be conducted in  by a single arbitrator. Any cause of action you may have under this TOU must be commenced within one (1) year after the claim or cause of action arises. Costs of arbitration shall be shared equally between you and IP-RightsAdministration, except that each of us shall be responsible for the costs of our own legal counsel.

You agree that the Arbitration Act applies and governs the interpretation and enforcement of this Section.

You agree any claims you bring against IP-RightsAdministration will be conducted only in an individual capacity and not as part of a class, consolidation, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU AGREE THAT YOU AND IP-RightsAdministration MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If a court rules that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief, then that claim shall be severed from the arbitration and may be brought in court.

15. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the Bahamas, without giving effect to its conflict of laws, provisions or your actual state or country of residence. Subject to the restrictions in Section 14, any claims, legal proceeding or litigation arising in connection with the IP-RightsAdministration Websites will be brought solely in the Commonwealth Of The Bahamas, Nassau, New Providence Island, and you consent to the jurisdiction of such courts.

16. Jurisdictional Issues. We operate and provide the IP-RightsAdministration Websites from our offices in the Bahamas. If you reside outside the Bahamas, any information you enter into the IP-RightsAdministration Websites may be transmitted outside your country of residence and you acknowledge the data protection laws of the Bahamas may be less or more strict than laws in your country of residence. By entering any information into the IP-RightsAdministration Websites, you acknowledge and agree to the transmission of such information.

17. Privacy Policy. We are committed to protecting your privacy and security and have explained in detail how we use your information in our Privacy Policy, incorporated herein by reference. You should read our Privacy Policy (https://www.youropenhouse.online/privacy) before you use the IP-RightsAdministration Websites.

18. Accessibility. We are committed to making the IP-RightsAdministration Websites accessible for all to use. We have taken steps and regularly assess the IP-RightsAdministration Websites to achieve compliance with generally recognized and accepted standards for accessibility. Should you experience difficulty in accessing any portion of the IP-RightsAdministration Websites, please contact us at information below.

19. No Professional Advice. The IP-RightsAdministration Websites are provided for informational purposes & Third Party Services & Products As Described. Nothing on the IPRightsAdministration Websites is intended to be, or should be construed as providing any legal, accounting, real estate agency, or other professional advice. You should contact a qualified professional in your jurisdiction prior to making any decisions based on information available on the IP-RightsAdministration Websites.

20. Notices. Any notices you send to us pursuant to the terms of these Terms of Use shall be in writing and sent by nationally-recognized courier service or certified mail, return receipt requested, to IP-RightsAdministration at:

IP-RightsAdministration,
P.O.Box EE16595

New Providence, Bahamas
sales@iprightsadministration.net

or to you at the email address or address you provide to IP-RightsAdministration during your use of the IP-RightsAdministration Websites or such other addresses as either party may specify in writing. Notice shall be effective upon receipt.

21. Assignment. IP-RightsAdministration may assign its rights under this TOU in connection with a merger, consolidation, acquisition or reorganization at any time without prior notice to you. You are prohibited from assigning your rights under this TOU without the prior written consent of IP-RightsAdministration, which may be withheld in IP-RightsAdministration’s sole discretion.

22. Miscellaneous. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. You acknowledge that nothing in this TOU or in the relationship created herein shall be construed as a joint venture, partnership, agency or third-party beneficiary relationship. Any failure by IP-RightsAdministration to assert any rights it may have under this TOU does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.

23. Electronic Signature. You acknowledge and understand that the affirmative act of using the IP-RightsAdministration Websites or clicking to accept this TOU constitutes your electronic signature to this TOU. You acknowledge other legal documents available through the Website and/or Services may be executed electronically and you consent to providing said electronic signature and agree to be bound by the terms and conditions of such documents.

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24.  DEPOSITS & CANCELLATIONS

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Deposits made during booking stays are non-refundable. 

BEFORE BOOKING PLEASE CONSULT WITH OUR AGENT ONLINE. 

Cancellations for booking stays will have no penalty charge. 

You can reschedule your booking over the next 12 months. 

BEFORE BOOKING PLEASE CONSULT WITH OUR AGENT ONLINE.

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