Terms & Conditions

Welcome to OfferDay.com, your online real estate photography & marketing store. We have prepared the information below to ensure that your experience of our Website is one you'll want to repeat again and again. Offer Day provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Offer Day may revise this agreement at any time, at its sole discretion, by posting an amended Agreement on the Site. Any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the Last Updated information that appears at the top of this Agreement.

Offerday.com and its affiliates provide their services to you subject to the following conditions: The following terms and conditions ("the Terms") govern the use by you ("User") of the Services. This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at support@Offerday.com. By accessing or using this Site you agree to be legally bound by this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These Terms & Conditions were last updated on 8/9/2007.

Support: Offerday provides photography, virtual tours, print products and related services for the members only. Our support team is available from 9 a.m. to 5 p.m. Eastern Standard time by e-mail at support@offerday.com

Ownership: This Site, including its informational content (Including but not limited to all of the written information, art work, programs, pictures, tours panoramas and etc.) (collectively, the "Content"), and the compilation of the Content and the "look and feel" of this Site, and all products, services, databases, and any other intellectual property of Offer Day or its licensors or service providers, and all parts and derivatives thereof, are and shall remain the sole property of Offer Day and its licensors and service providers, including all associated copyrights and other intellectual property rights. Your rights are under license only, nothing shall be deemed to grant or transfer to you any ownership rights. Use of any Content or other portions of this Site are subject to the terms of this Agreement.

Content: All of the pictures, floor plans, products, information and data are the property of Offer Day and cannot be used or copied without explicit permission of Offer Day. After subscribing to offerday.com you shall be entitled to access and utilize the services in accordance with the guidelines and rules applicable to the service. No portion of the Content or any other such materials may be used or otherwise exploited for any purpose and in any form without the express written permission of Offer Day and, as applicable, its licensors and service providers. Unless otherwise specified, this Site is provided for your own personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. You agree to abide by and not to remove, modify or obscure any copyright or other proprietary rights notices and usage restrictions on this Site, or any Content or other materials, or on any copies or versions thereof. All rights not expressly granted are reserved.

Appointments: If the scheduled appointment for the property is not cancelled 24 hours prior to the scheduled shooting, cancellation fee of $100 will be charged. If the photographer doesn’t have access to the property at the time of the scheduled shooting, $100 inaccessibility fee will be charged to the purchaser.

Damages: Offerday.com and offerday LLC are not responsible for any damages that may be caused to the property by the photographer. Homeowners are required to remove all of the valuables from premise for the photo shoot.

Approved proofs: Once the proofs are approved for the print or processing, no adjustments can be made.

Links and Data: The links to any part of Offerday.com is forbidden unless with written permission. Offer Day reserves the right to take legal action for any unauthorized links. The links in Offerday.com website will let you leave Offerday.com's Web site. The linked sites are not under the control of Offerday.com and Offerday.com is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Offerday.com is not responsible for webcasting or any other form of transmission received from any linked site. Offerday.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Offerday.com of the site.

Use of services and products:

You MAY NOT use the Services to provide any other service that is competitive with the services provided by Offerday.com, permit any person who is not an Authorized User access the Services, or use the Services if you are under the age of 13.

You MAY NOT use the Site to upload, post, e-mail or otherwise transmit any content that is unlawful; harmful; threatening; abusive; harassing; tortuous; defamatory; vulgar; obscene; libelous; invasive of another's privacy; hateful; or racially, ethnically, or otherwise objectionable; or that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person;

You MAY NOT use the Site to upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or marketing campaign;

You MAY NOT use the Site to interfere with or disrupt any Services or servers or networks connected to any Services or disobey any requirements, procedures, policies, or regulations of networks connected to any Services; or

You MAY NOT modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the content of the Site or the Software, as hereinafter defined, in whole or in part, except as expressly permitted in this Agreement.

Performance: Offerday.com will make best efforts to make the service available unless nonperformance is caused by an occurrence beyond the reasonable control of Offerday.com and without its fault or negligence, such as acts of God or a public enemy, acts of government in either its sovereign or contractual capacity, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, unusually severe weather and delays, errors of common carriers including Internet service providers, or delays or errors in the Internet or related services.

Maintenance: Time to time upgrades and maintenance will be done to the website and the products. Even though we try to keep down time as low as possible there may be downtimes, and damages caused by these downtimes are not the responsibility of Offer Day.

Security: It is your responsibility to keeping any passwords related to your account safe and confidential and full responsible for the activities that occur under your account and password.

Registration: By registering with offerday.com, you agree to provide accurate, complete and current information that is required from all user and purchasers. All of the forms, registrations, data provided for the tours should be maintained and updated by the customer.

Restricted uses of software and data: You may not publish copy, link, duplicate, decompile and reverse engineer the software’s provided to you.

MLS and Other Data: The Services may be used, if otherwise permitted by the applicable guidelines or rules, to facilitate the generation or processing of data, including financial data and MLS data. Offerday.com shall not, however, be liable for any inaccuracy or error in data that is generated or processed in relation to the Services. You agree to confirm the accuracy and comprehensiveness of all such data, and you agree to indemnify and hold Offerday.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any party in relation to such data. You also understand that Offerday.com does not control and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.

Agreements between Users: The Services may be used, if otherwise permitted by the applicable guidelines or rules, to facilitate the transmission, negotiation, and entering into of agreements between or among Users of the Services. Offerday.com is not a party to any such agreements and shall have no obligations or liabilities there under. You agree to indemnify and hold Offerday.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any party due to or arising out of any agreement entered into between or among any of you, an Authorized User, or any other user of the Services.

Warranty Disclaimer.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT

1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Offerday.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
2. Offerday.com MAKES NO WARRANTY THAT
   1. THE SERVICES, INCLUDING, BUT NOT LIMITED TO THE PRIVACY POLICY AND TERMS OF USE AGREEMENT, WILL MEET YOUR REQUIREMENTS.
   2. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
   3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
   4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Offerday.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation on Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Offerday.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Offerday.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (i) THE USE OF OR THE INABILITY TO USE THE SERVICES, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR THE SITE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES OR THE SITE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES OR THE SITE. IF FOR ANY REASON Offerday.com BECOMES LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT OR ANY OTHER DAMAGES FOR ANY CAUSE WHATSOEVER, IN CONTRACT OR TORT OR FOR STATUTORY FORMS OF ACTION, IN CONNECTION WITH THE SERVICES OR THE SITE, THE AGGREGATE LIABILITY OF Offerday.com FOR ALL DAMAGES, INJURIES, AND LIABILITY INCURRED BY YOU AND ALL OTHER PARTIES SHALL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO Offerday.com FOR THE SERVICES THAT GAVE RISE TO THE CLAIM FOR DAMAGES. IN THE EVENT THAT Offerday.com IS FOUND LIABLE UNDER THIS AGREEMENT, THE LIABILIY IS LIMITED TO $200.

Exclusions and limitations:

Some Jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Some of the limitations may not be applied depending on the jurisdiction.

Indemnity: You agree to indemnify and hold Offerday.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and any cost of defending any such action, made by any third party due to or arising out of the breach of the Terms or the use of the Services or the Site by you or an Authorized User.

Links / Data Feeds (i.e RSS): Offerday.com contains links to other Web sites or resources. Because Offerday.com has no control over such sites and resources, you acknowledge and agree that Offerday.com is not responsible for the availability of such external sites or resources and that Offerday.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Offerday.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. You also understand that Offerday.com exchanges links and feeds virtual tours data to other sites for marketing and promotional purposes.

Privacy: Offerday.com shall use your personal information only in accordance with the Offerday.com Privacy Policy, which may be viewed at Offerday.com. By providing any information to Offerday.com, you consent to the use of such information in accordance with the Offerday.com Privacy Policy. To the extent that there is a conflict between the Terms and the Offerday.com Privacy Policy, the Terms shall prevail.

Copyright: Copyright in the Software and in all text, images, floor plan, and other data comprising the Site is owned by Offerday.com and/or its suppliers and is protected by United States and international copyright laws.

Trademarks: Offerday.com and all logos and images related thereto are trademarks of Offerday.com and may not be used without the prior written consent of Offerday.com.

Assignment: Neither the Terms, the right to use the Services, nor the License may be assigned without the prior written consent of Offerday.com.

Notice: Notices to you may be made via e-mail or regular mail as indicated in the Customer Data.

Jurisdiction and Venue: Any dispute arising out of the Terms, the Site, or the Services shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions and the courts of the Fairfax County shall have exclusive jurisdiction with respect thereto.

Term: The Terms (including the License and the Services) shall apply until terminated in accordance herewith. You agree that Offerday.com may modify this Agreement at any time and you agree to be bound by all changes that Offerday.com may reasonably make hereto. If You sign up for an account or conduct any other transaction with Offerday.com, the term of this Agreement shall continue in full force and effect you as long as you use an Offerday.com service. Offerday.com reserves the right to change any part of its product or service pricing at anytime.

Cancellation: Offer Day reserves the right to cancel anytime the services and products provided to you. Services are NON-REFUNDABLE and NON-RETURNABLE, unless Offer Day cannot perform the services due to jurisdictional coverage.

Termination: Offerday.com may terminate your account, the License, your password, and use of the Service and may remove your account from the Site and its servers and discard your content at any time and for any reason.