Terms of Service

Posted January 1, 2022

Terms of Use

The following terms apply to you as a User of Retirenet.com. 

By using or otherwise accessing the Services, or otherwise establishing a connection to the Services, you agree to these terms. Retirenet.com retains any rights not specifically granted in this agreement.

 

1. Website Access

You agree that by accessing or connecting to this website, www.RetireNet.com (the "Website"), or any other software, resources, or services available through the Website (collectively, the "Services"), you agree to abide by its terms.

 

Retirenet.com may immediately terminate your account and access to the Services, without prior notice, for any reason or no reason, without any liability to you or any third party.

 

2. Retirenet’s Services

Users of Retirenet.com can compare residential neighborhoods and subdivisions and see homes for sale in those neighborhoods. Interested buyers or sellers can connect with real estate agents who are familiar with these neighborhoods using Retirenet.com’s proprietary  automated messaging system.

 

3. Charges and Use Fees

It is free to use the services of Retirenet.com. If you decide to purchase, lease or sell property with the help of a real estate agent referred to you via the Retirenet.com, you will be responsible for any fees charged by the agent, which will be explained in an agreement between you and the agent.

 

4. Registration, Communication and Cancellation of Account

By creating an account, users are able to save favorite neighborhoods and properties, receive notifications about property and neighborhood updates, and other features available to registered users. Registering is free.

 

If you register an account, you will also be able to receive communications from us in the form of newsletters, neighborhood updates, and email notifications when properties matching your criteria become available for sale. You may unsubscribe at any time to these optional communications.

 

In order to unsubscribe from communications with an agent after submitting a form for further information regarding a property or neighborhood, users must contact that agent directly.

.

Users or account holders can cancel their accounts by contacting:

 support@openco.com.

 

By completing a contact form on the Website, users also grant us permission to contact them via phone, text, or email by a Retirenet.com representative or customer service representative, or by a third party authorized by us.

 

 

5. Privacy

Our Privacy Policy can be found at Privacy Policy explaining how we collect and use your personal data.

 

6. Conditions and Restrictions of Use

The Retirenet.com services are available to you only for your personal, non-commercial use.

It is prohibited to modify, publish, distribute, transmit, systematically download, index, or extract data from the Services, translate, create derivative works from, frame, cobrand, or otherwise exploit them in any way except for personal use unless permitted by Retirenet.com through written consent.

 

7. Content Ownership

Retirenet.com owns or licenses all the text, data, images, interfaces, lead inquiries and other materials or works available through this Website (the "Content"). Retirenet.com prohibits you from copying, distributing, or republishing, uploading, posting, or transmitting any content without its written consent, with the exception of storing or printing limited portions of the content solely for your personal use. Copyrights, trademarks, trade names, service marks, or other proprietary notices or legends appearing on content may not be removed or altered.

Trademarks of Retirenet.com include its name, logos, and other identifiers of its products and services. MLS databases are also the property of the applicable MLS and have copyright.  The Retirenet.com website also contains other trademarks, which are owned by their respective owners. These trademarks are not licensed to you.

 

 

8. Submissions by Users

We consider "Submission" any information, ideas, or materials that Users provide to the Retirenet.com through posts, uploads, inputs, or other means. The User grants the Retirenet.com the non-exclusive, perpetual, irrevocable, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display, as well as incorporate Submissions in other works in any form, media, or technology, whether now known or later developed. Any Submission will not be treated as confidential, and Retirenet.com may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or other payments. By submitting any Submission, you represent that you own or otherwise possess all the rights thereto. 

 

Lead Inquiries

All  inquires generated by Retirenet.com and its Social Media Marketing efforts are immediately forwarded to communities for their sales and marketing follow up processes.  Retirenet.com retains the rights and ownership to all lead inquiries generated by Retirenet.com and its Social Media Marketing department. 

 

Retirenet.com does not permit you to post, send, submit, publish, or transmit any material that:

• you do not have rights to post, including third party proprietary material
• the idea of committing an illegal act is advocated, or (ii) the idea of committing an illegal act is discussed,
• is obscene, vulgar or threatening,
• defames or libels others, or invades their privacy,
• it is not directly related to the subject matter of the Services or promotes another product or service,
• contains links to other sites containing content that meets the description above

If it is not directly related to the subject matter of the Services or promotes another product or service.

We reserve the right to remove or reject Submissions for any reason.

 

9. Hyperlinks

There may be links on the Website to other websites that are not owned or operated by Retirenet.com. These links are provided for your convenience, and Retirenet.com may receive commissions or other financial compensation from the owners of these websites. You access hyperlinks at your own risk. Retirenet.com has no control over other websites and are not responsible for any content, advertising, products, services or other materials on or available from them.

 

10. Violations of Security

Users who have registered an account with the Services are responsible for the confidentiality of their passwords. It is your responsibility to keep the security of your password and for all activities occurring through the use of your account when accessed with your password, including any damages resulting from misuse.

Any suspected violation of this agreement will be investigated by Retirenet.com as soon as possible. If law enforcement authorities request or direct Retirenet.com to reveal the identity of anyone engaging in illegal activity, Retirenet.com will fully cooperate with them. It is possible that Retirenet.com may disclose your details to system administrators at other sites to assist them in resolving security incidents.

 

Retirenet.com is released from any liability that could arise from any action taken during or by the Retirenet.com as a result of its investigations and from any actions taken by the Retirenet.com or law enforcement authorities as a result of their investigations.

 

11. Compliance with Fair Housing Act and Americans with Disabilities Act

We believe in non-discrimination, and support the Fair Housing Act as well as the Americans with Disabilities Act.

The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of:  Race or color,  Religion, Sex, National origin, Familial status, or Disability. The Americans With Disabilities Act, 42 U.S.C 12101 et seq., prohibits entities from denying individuals an opportunity to participate in or benefit from goods or services based on an individual’s disability. Our services are available to all individuals regardless of disability, and if an issue arises we will update them.

 

12. Disclaimers

Retirenet.com services are provided on a "best effort" basis and you utilize them at your own risk. In addition to disclaiming all express and implied warranties, Retirenet.com disclaims all warranties arising out of contract or course of dealing.

For example, and without limiting the generality of the above disclaimer, Retirenet.com disclaims any warranty that: There will be no interruptions, errors, or defects in the Services; There are no viruses or other harmful components on the Website or the server that hosts it; or Content is accurate, complete, or error-free

 

13. Liability Limits

Users agree that neither Retirenet.com nor its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, or directors will be responsible for any incidental, direct, indirect, punitive, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, notwithstanding that Retirenet.com has been advised of the possibility of such damages.

 

14. Indemnification

Retirenet.com, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors shall be indemnified from and against all claims, liabilities, and expenses, including legal fees and costs, resulting from your use of the Services or your breach of this agreement. 

 

You are responsible for providing indemnification to Retirenet.com for any claim for which you are obligated to provide indemnification under this section at Retirenet.com's sole discretion. You shall fully cooperate as reasonably required in the defense of any claim.

 

15. Additional Amendment

In connection with the subject matter contained herein, this agreement contains the entire understanding between the parties. This agreement can be modified by Retirenet.com at any time by posting revised terms on the Website. By using or accessing the Services after the agreement is modified, you agree to the modified agreement.

 

16. Miscellaneous

North Carolina law governs and interprets this agreement, without regard to its choice of law rules.

The parties agree that any dispute relating to this agreement will be resolved exclusively by state and federal courts located in Raleigh, North Carolina, and specifically consent to the personal jurisdiction of those courts. This agreement is severable, meaning that if any part is unlawful, void, or unenforceable, the remaining parts will remain valid and enforceable. Retirenet.com will deliver any notices or other communications required or permitted under this Agreement by e-mail to the e-mail address you provide when registering for the Services, and they will become effective upon sending. Section 7, 8, and 14 through 18 of these terms shall survive cancellation of your account, as will all provisions that, by their nature, should survive cancellation.

 

17. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE TO COPYRIGHT OWNERS

RetirementNet.com owns, protects, and enforces the rights to its own creative material, and respects the rights of others. A third party may make materials available within the services offered at www.RetireNet.com (the "Website") by third parties that are not under our control. It is our policy not to permit materials known to be infringing to remain available through the services offered by Retirenet.com.

The Digital Millennium Copyright Act, also known as the DMCA, mandates that you notify Retirenet.com immediately if you believe that any content displayed within the Services violates your copyright.  No matter whether The Open Companies dba Retirenet.com is responsible for such infringement, Retirenet.com may remove or disable access to the allegedly infringing material, and/or suspend the alleged infringer's use of the Website. We will make a good-faith effort to contact the person who submitted the material if we decide to remove or disable access to the material as a result of your notification. Please send all notices to Retirenet.com, by email to support@openco.com or by US Mail delivery to: PO BOX 14250 Raleigh, NC 27620

Your notice of alleged copyright infringement should include:

 

• A description of where the infringing material is located on the Website;
• A description of how your copyrighted work or other intellectual property has been infringed;
• Your address, telephone number, and e-mail address; A statement that you believe that the use of the material is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
• Your electronic or physical signature.
•  

Please note that under the DMCA, misrepresentations made in your notices or counter notices can expose you to liability for substantial damages. If you are not sure whether material available on the Website infringes your copyright, or whether material posted by you are infringing, you should seek legal advice.

 

18. Feedback and Help Section

Feedback, comments, and suggestions for improvement of the Services ("Feedback") are welcome. By emailing support@openco.com, by using the "Help" section of the Site or by calling (919) 890-5275, you can submit Feedback, questions, claims, or complaints regarding the services offered through and by Retirenet.com. Please direct correspondence for feedback, claims, or complaints to Retirenet.com at:

 

Retirenet.com
Attention: Customer Service
PO Box 14250
Raleigh, NC 27620

 

Your Feedback will not be treated as confidential or proprietary by Retirenet.com. You agree not to submit to Retirenet.com any information or ideas that you consider to be confidential or proprietary.

California residents may call the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at (916) 445-1254 or write to the following address:

 

Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1625 N. Market Blvd., Suite N 11
Sacramento, California 95834