Terms of Service
OwnAmerica Terms of Service
1. GENERAL TERMS.
1. Accepting the Terms
By using the information, tools, features, software and functionality including content, updates and new releases provided by OwnAmerica of the Services, you agree to be bound by this Agreement, whether you are a "Visitor' (which means that you simply browse the OwnAmerica.com website), a "Member' (which means that you have registered for an account with us to use any one of our Services.), or an "Agent' (which means a licensed real estate professional operating under separate agreement with OwnAmerica LLC). The term "you' or "User' refers to a Visitor, Member, and Agent. The term "we" refers to OwnAmerica. If you wish to become a Member or Agent or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You may not use any of the Services and you may not accept this Agreement if you are not at least 18 years of age and, in any event, of a legal age and capacity to form a binding contract with OwnAmerica.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and your Personal Information
3. Description of the Services
The OwnAmerica Service is a single family housing rental information management service that allows you to consolidate and track your single family rental housing portfolio information. The OwnAmerica Service is provided to you by OwnAmerica without charge (it is free) and is meant to provide you with your information to allow you to organize and manage your single family rental housing portfolio. The OwnAmerica Service is also a marketplace to buy and sell individual or portfolios of single family rental properties. There are separate fees and agreements associated with the use of the OwnAmerica Marketplace. Member must sign a separate agreement to buy or sell properties on the Marketplace.
Services will also include projected performance information based upon the basic information you have provided about your properties. These are not actual results. The data is based upon the potential performance of representative properties.
The data presented is subject to significant assumptions. While OwnAmerica believes the assumptions used to generate this data are reasonable, these assumptions are subjective in nature and other assumptions may also be reasonable. Further you have the ability to alter the assumptions to see the various potential outcomes. Different assumptions may result in materially different returns. The projections set forth in these materials are provided to you on the understanding that you will understand and accept the inherent limitations of such results and will not rely on them in making any decision to invest in a property. No representation is being made that a performance record similar to the projected returns will or is likely to be achieved.
The projected returns are being shown on a net basis, net of estimated expenses for Property Taxes, Insurance, HOA, Property management and Asset management fees, rehabilitation cost, closing costs and estimated provisions for vacancy and repairs and maintenance.
The Services may also include Comps, or properties that have similar characteristics to your properties or the properties that you may be looking at in the Marketplace. OwnAmerica uses certain information relating to Comps in arriving at projected financial returns for certain properties. The Comps are chosen based on numerous attributes of the comparing property. Some of these attributes (but not limited to) include location, last sale price, last sale date, square footage, year built, type of sale (standard, foreclosure, short sale, etc.).
The Services may also present to you information relating to third party products or services ("OwnAmerica Offers') that you may be interested in. Members are free to use any or all or none of such services.
The Services may also provide to you general tips, recommendations and educational material.
Any information, variables and calculation results shown regarding individual properties and/or the real estate market (whether in a large or particularized area) are for illustrative purposes only and should not be relied on as your sole or primary means for making real estate investment decisions. OwnAmerica and our affiliates have not verified the information and make no guarantee, warranty or representation about it. Though care has been taken to ensure that the information comes from reliable and verified sources, investors are advised to perform their own checks and due diligence. OwnAmerica shall not be held responsible for any information appearing on the website.
OwnAmerica is not a lender and the exact terms of any loan used to finance real estate will be decided between the lender and the investment property account holder. Any loan-related information provided is for informational purposes only. Actual loan terms and conditions may vary based upon properties, down payments and a number of other factors. Any information shown related to financing is subject to credit and other approvals.
All questions concerning this Agreement should be directed to: [email protected] OR by Mail to:
181 North Main Street
Mooresville, NC 28115
ATTN: Member Services
4. Account Information from Third Party Site
Users may direct OwnAmerica to retrieve their own information maintained online by third-parties with which they have Member relationships, maintain accounts or engage in financial transactions ("Account Information') or you may upload your own information into the website. OwnAmerica works with one or more online service providers to access this Account Information. OwnAmerica does not review the Account Information for accuracy, legality or non-infringement. OwnAmerica is not responsible for the Account Information or products and services offered by or on third-party Site.
OwnAmerica cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. OwnAmerica cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such Site. Such information may be more up-to-date when obtained directly from the relevant Site. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
5. OwnAmerica Offers and Third-Party Links
Some parts of the Services are supported by sponsored links from advertisers. The Services may display OwnAmerica Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We may disclose when a particular OwnAmerica Offer is sponsored or otherwise provided by a third party.
In connection with OwnAmerica Offers, the Services will provide links to other web Site belonging to OwnAmerica advertisers and other third parties. OwnAmerica Offers are provided to you as a convenience. OwnAmerica does not endorse, warrant or guarantee the products or services available through the OwnAmerica Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored. OwnAmerica is not an agent or broker or otherwise responsible for the activities or policies of those web sites. OwnAmerica does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Site are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Information in the OwnAmerica Offers is provided by the third parties, and any offer is subject to the third parties' review of your information. OwnAmerica may receive compensation from third parties which may impact the placement and availability of the OwnAmerica Offers.
6. Your Registration Information and Electronic Communications
In order to allow you to use the Services as a Member you will need to sign up for an account with OwnAmerica. We may at our sole discretion verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources. If you do not provide this information or OwnAmerica cannot verify your identity, we can refuse to allow you to use the Services.
In order to allow you to use the Services as an Agent, you will need to sign up for an account with OwnAmerica. You are responsible for verifying the accuracy of your license number and state through which you are licensed. We may at our sole discretion verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources. If you do not provide this information or OwnAmerica cannot verify your identity, we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Site. That LoginID and password, together with any mobile number or other information you provide, form your "Registration Information.' By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify OwnAmerica immediately at the email address - [email protected]
7. Your Use of the Services
Your right to access and use the Site and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site and Services for lawful purposes. Accurate records enable OwnAmerica to provide the Services to you. You must provide true, accurate, current and complete information about your properties maintained on our website, as requested in our "add properties' setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Members may access the OwnAmerica Marketplace solely to obtain initial property or portfolio information from which further evaluation and investigation may commence. The listing details of these properties are also shared with other Members. At the time of acting on a specific listing, it is possible that the properties are in escrow or already sold. In such situations, OwnAmerica may share the listings of other available properties from the inventory.
Member shall limit access to and use of the Marketplace and all OwnAmerica Content to personal and internal use, and shall not use the Marketplace or any other OwnAmerica Content for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Member shall not use or reproduce property listings obtained from OwnAmerica for or in connection with any other listing service or device. Members violating these specific terms, including those Members utilizing the OwnAmerica website in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their account, and any and all other remedies available to OwnAmerica by state and/or federal law.
Member agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to the OwnAmerica website unless the Member has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Member's website or on the OwnAmerica website or associated websites. Specifically, Member will not submit a photograph if Member received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the OwnAmerica website. OwnAmerica may, in its sole discretion but without any obligation to search for such, remove properties from display on the OwnAmerica website that are alleged to have been submitted in violation of this provision. In addition, OwnAmerica may require additional evidence of compliance with this provision from Members who are alleged to have submitted properties or other information in violation of this Agreement. OwnAmerica will, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates this Agreement. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the OwnAmerica, Website. Additionally, the Member agrees to allow the Property Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Member's website or the OwnAmerica website. OwnAmerica shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the OwnAmerica website and OwnAmerica shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Member (a) represents and warrants that all properties and associated information provided by the Member will be accurate; (b) agrees that the Member will not permit the posting of a property on the OwnAmerica website under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Marketplace related to the properties provided by the Member and maintain their accuracy at all times. OwnAmerica reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the properties posted on the OwnAmerica website. OwnAmerica accepts no responsibility for checking the accuracy of reports or data files submitted by the Member. While OwnAmerica shall take all reasonable efforts for data backup and business resumption, the Member will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to OwnAmerica for the OwnAmerica website.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that OwnAmerica, in its sole discretion, may elect to take. In no event will OwnAmerica be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for OwnAmerica to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
8. Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. OWNAMERICA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
9. Online and Mobile Alerts
OwnAmerica may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. OwnAmerica may add new alerts from time to time, or cease to provide certain alerts at any time, upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. OwnAmerica may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. OwnAmerica shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your properties. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
10. Rights You Grant to Us
11. OwnAmerica's Intellectual Property Rights
The contents of the Services, including its "look and feel' (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong to OwnAmerica. OwnAmerica grants to you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
12. Access and Interference
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without OwnAmerica's express written consent, which may be withheld in OwnAmerica's sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
Attempt to gain an unauthorized access to any portion of the Services.
13. Rules for Posting
As part of the Services, OwnAmerica may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Site. These forums may be hosted by OwnAmerica or by one of our third party service providers on OwnAmerica's behalf. You agree in posting content to follow certain rules.
You are responsible for all content you submit, upload, post or store through the Services.
You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Services. You grant OwnAmerica a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. OwnAmerica is not responsible for the Content or data you submit through the Services. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Services and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Services and under this Agreement.
You agree not to use, nor permit any third party to use, the Services to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Site that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.
14. Social media Site
15. Disclaimer of Representations and Warranties
THE SITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS' AND "AS AVAILABLE' BASIS. OWNAMERICA, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER OWNAMERICA OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER OWNAMERICA NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 OF THIS PROVISION MAY NOT APPLY TO YOU.
16. Not an Investment or Tax Advisor
NEITHER OWNAMERICA NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. OWNAMERICA IS NOT AN INVESTMENT OR TAX ADVISOR. The Service is intended only to assist you in reviewing the performance of your single family housing rental portfolio and decision-making and is broad in scope. Your personal or business financial situation and your portfolio is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should consider obtaining additional information and advice from your accountant, real estate broker, advisor or other financial advisers who are fully aware of your specific circumstances.
17. Limitations on OwnAmerica's Liability
OWNAMERICA SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITE, YOUR USE OF THE SERVICES, THE SITE OR THIS AGREEMENT, EVEN IF OWNAMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OWNAMERICA'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE FEES PAID TO ACCESS OWNAMERICA WEBSITE.
18. Your Indemnification of OwnAmerica
You shall defend, indemnify and hold harmless OwnAmerica and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Site or your use of the Services.
19. Ending your relationship with OwnAmerica
This Agreement will continue to apply until terminated by either you or OwnAmerica as set out below. If you want to terminate your legal agreement for the Services (close your account) with OwnAmerica, you may do so as follows:
To close your account for the OwnAmerica Service, please use the directions below:
Login to your OwnAmerica.com account.
Go to "My Profile".
Locate the "delete account" option.
Type in "delete" where prompted.
Enter in the password for your OwnAmerica.com account.
OwnAmerica may at any time, terminate its legal agreement with you and access to the Services:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if OwnAmerica in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that OwnAmerica may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that OwnAmerica shall not be liable to you or any third party for any termination of your access to the Services.
OwnAmerica reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Services with or without notice. OwnAmerica reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the OwnAmerica Services, OwnAmerica will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that OwnAmerica shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
OwnAmerica may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Site). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
21. Governing Law and Forum for Disputes
This Agreement shall be subject to and construed in accordance with the laws of the State of North Carolina, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.