Acceptance of Terms

By accessing, browsing, or using the OwnersWay website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use the Site. OwnersWay reserves the right to modify these Terms at any time without prior notice. You should visit this page periodically to review the most current Terms.

Equal Housing Opportunity

OwnersWay is committed to providing equal professional service to all individuals, regardless of race, color, religion, sex, handicap, familial status, or national origin, in accordance with the Fair Housing Act. All real estate information provided on the Site is subject to the Federal Fair Housing Act and applicable state and local laws.

Property Listings and Information

OwnersWay strives to provide accurate and up-to-date property listings and related information on the Site. However, we cannot guarantee the accuracy, completeness, or timeliness of the information provided. It is your responsibility to verify any property information, including but not limited to, property features, availability, and pricing, before making any decisions or taking any actions based on the information available on the Site.

User Conduct

You agree to use the Site only for lawful purposes and in a manner that does not infringe on the rights or restrict the use of the Site by any third party. You are prohibited from posting or transmitting any material that is threatening, defamatory, obscene, or otherwise objectionable or that violates any intellectual property rights, privacy rights, or the terms of this agreement.

Intellectual Property

The content, design, and layout of the Site, including but not limited to, text, images, logos, graphics, and software, are the exclusive property of OwnersWay or its licensors and are protected by U.S. and international copyright and trademark laws. You may not reproduce, distribute, or create derivative works from any content on the Site without the express written permission of OwnersWay.

Limitation of Liability

In no event shall OwnersWay, its affiliates, agents, or any third parties mentioned on the Site be liable for any damages, including but not limited to, direct, indirect, incidental, punitive, or consequential damages, arising out of or in connection with your use or inability to use the Site, or any information or services provided on the Site.

Indemnification

You agree to indemnify, defend, and hold harmless OwnersWay, its affiliates, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site, or any breach or alleged breach of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within the State of Georgia for the resolution of any disputes arising out of or related to these Terms or your use of the Site.

Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

These Terms and any additional terms and conditions referenced herein constitute the entire agreement between you and OwnersWay with respect to the Site and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and OwnersWay with respect to the Site.

Privacy Policy

Your use of the Site is also subject to the OwnersWay Privacy Policy, which is incorporated herein by reference. By using the Site, you acknowledge that you have read and agree to be bound by the Privacy Policy.

Termination

OwnersWay reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. In the event of termination, the provisions regarding intellectual property, limitation of liability, indemnification, and governing law shall survive.

Links to Third-Party Sites

The Site may contain links to third-party websites or services that are not owned or controlled by OwnersWay. OwnersWay has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that OwnersWay 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Disclaimer of Warranty

The Site and all information, content, materials, products, and services included on or otherwise made available through the Site are provided on an “as is” and “as available” basis. OwnersWay makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the information, content, materials, products, or services included on or otherwise made available through the Site, unless otherwise specified in writing. You expressly agree that your use of the Site is at your sole risk.

Modifications to Services

OwnersWay reserves the right, in its sole discretion, to modify or discontinue, temporarily or permanently, the Site or any part thereof, with or without notice. You agree that OwnersWay shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Contact Information

If you have any questions or concerns about these Terms, please get in touch with us using our contact form.

Waiver

The failure of OwnersWay to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without OwnersWay’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. OwnersWay may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

User Accounts and Security

In order to access certain features of the Site, you may be required to create a user account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form and to maintain and promptly update your account information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials, and you are fully responsible for all activities that occur under your account. You agree to immediately notify OwnersWay of any unauthorized use of your account or any other breach of security. OwnersWay cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

User Content and Submissions

By submitting, posting, or displaying any content, materials, or information, including but not limited to property listings, photographs, descriptions, reviews, or comments (collectively, “User Content”) on or through the Site, you grant OwnersWay a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the Site in any media now known or hereafter developed. You represent and warrant that you own or have the necessary rights and permissions to use and authorize OwnersWay to use all intellectual property rights in and to any User Content you submit, and that the use of such User Content by OwnersWay will not infringe or violate any third party rights, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights.

Prohibited Activities

In addition to the restrictions set forth in Section 4, you agree not to:

Engage in any activity that interferes with or disrupts the Site, its servers, or networks connected to the Site.

Use the Site to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Harvest, collect, or store personal information about other users without their express consent.

Use the Site for any purpose that is unlawful or prohibited by these Terms or applicable laws.

Reporting Copyright Infringements

If you believe that any content on the Site infringes upon your copyright, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to OwnersWay’s designated agent at [email address] in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). The DMCA Takedown Notice must include the following information:

An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.

A description of the copyrighted work that you claim has been infringed.

A description of the location on the Site of the material that you claim is infringing.

Your address, telephone number, and email address.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notifications and Changes

OwnersWay may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Site. OwnersWay reserves the right to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Force Majeure

Neither party shall be liable for any delay or failure in performance under these Terms (other than for delay in the payment of money due and payable) to the extent such delay or failure is caused by events beyond the reasonable control of such party, including but not limited to, fire, flood, embargo, strike, war, terrorism, or other similar events.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Electronic Communications

When you visit the Site or send emails to OwnersWay, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Violations

Please report any violations of these Terms to OwnersWay at [email address].

Relationship between the Parties

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and OwnersWay. You have no authority to make or accept any offers or representations on our behalf. You may not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Notice and Procedure for Making Claims of Intellectual Property Infringement

OwnersWay respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OwnersWay’s Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

A description of the copyrighted work or other intellectual property that you claim has been infringed.

A description of where the material that you claim is infringing is located on the Site.

Your address, telephone number, and email address.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

OwnersWay’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Use our contact form to notify us.

Please note that this procedure is exclusively for notifying OwnersWay and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with OwnersWay’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

These Terms were last updated on 4/30/2003