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Terms of Use

OTTO Terms of Use

               

Effective Date: November 30, 2023

These terms of use, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use") are entered into by and between you and OTTO Homes, Inc. ("OTTO” "We" “Our” or "Us") and govern access and use of our website made available at www.opentotheoffer.com, including any content, functionality and services offered on or through it (the "Site").

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By accessing or using the site, or opening an account, you agree that you have read, understand, and agree with these terms.  If you do not agree with these terms do not access or use the site.

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Otto reserves the right, at its sole and absolute discretion, to modify these terms of use at any time.  All changes will be effective immediately upon posting to the site.  Material changes will be conspicuously noted or otherwise communicated to you.  By accessing or using the site after changes are posted, you agree to those changes.  If you do not agree to those changes, you may close your account and stop using the site. 

THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARIBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE OTTO IN A CLASS ACTION LAWSUIT.

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  1. Privacy Policy. We may collect certain information about you when you access and use our Site. Our collection and use of data is described in our Privacy Policy. By using the Site, you acknowledge our Privacy Policy.

  2. Content. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, ''Content'') are exclusively the property of OTTO or, as applicable, OTTO’s affiliates, vendors or licensors. Except for the rights expressly granted to you in these Terms of Use, OTTO retains all other ownership rights in the Site and Content, including all intellectual property rights. 

  3. Site Information. We provide the information on the Site for general, informational purposes.  While we use good faith efforts to keep the information on the Site accurate, we do not guarantee it is accurate, up-to-date, or applicable to you.

  4. Account. To use certain features of our Site, you may be required to create an account (“Account”).  You will also be required to submit a username and password.  All Account information is subject to our Privacy Policy.  You are responsible for maintaining the confidentiality of your username and password. Do not share your username and password with any other person. You are responsible for all use of your Account.  You must immediately notify us, using the contact information set forth below, if you become aware of any unauthorized use of your login credentials or Account. You may not create an Account if you are under 18 years of age.

  5. Listing Information. The homes for sale listings on our website are sourced from various third-party data providers, including MLS data, self-sourced data from other OTTO users, and public record data. While we make every effort to ensure the accuracy of the listing information, we do not guarantee the accuracy or completeness of the information provided, even for listings that may be identified as “verified”. OTTO is not responsible for the accuracy or any errors or omissions in the listing information.  Listing information is not monitored or factually verified by OTTO. OTTO is not a party to the transaction and is not responsible for the conduct or representations by either party to the transaction. 

  6. Verified Listings.  Prior to or following a seller listing a home, OTTO may make available to sellers additional services to refer sellers to third party service providers to clean or photograph a home that is subject of a listing, or to check public records to confirm title. Although these third party services may be facilitated via OTTO, the seller is solely responsible for selecting the service provider to provide such services and all such services are solely rendered by those third party service providers, and not OTTO.  These third party service providers independently visit the listed home, but they do not confirm all listing details.   Fees and additional terms and conditions  apply to such additional services, including the applicable terms from the third party service provider.

  7. Posting a Listings. As a seller, you must only list a home that you own and have the right to sell. If you become aware of any incorrect information in your listing, you must fix it promptly.  If you become aware that a home is listed for sale fraudulently, please notify us immediately at the information below.  OTTO does not verify listing information.  If you receive an offer, you agree that you will respond to the offer within 72 hours. 

  8. Making an Offer.  As a buyer, you must only submit an offer on behalf of yourself.  Offers made through OTTO are non-binding and are intended only to demonstrate an interest in entering into a sale agreement for a home. Offers made through OTTO are not legally binding and may be rescinded at any time via OTTO until a full purchase and sale agreement is drafted and signed by both the buyer and the seller.  

  9. Inspection.  Any home bought or sold via OTTO must have a home inspection ordered and paid for by either buyer or seller, as the parties agree.  OTTO has no responsibility or liability for any inspection services sourced by the parties or the resulting inspection report, including any errors in the same. 

  10. Messages. Users are able to message other users on the Site to make or respond to offers, book showings, and otherwise communicate. OTTO does not monitor such messages and is not responsible for any information contained in messages between users.  You are responsible for all communications through your Account.  All users are expected to maintain a professional decorum.  Activity that threatens or harasses will not be tolerated and your Account will be terminated. 

  11. After Offer Support.  OTTO may make available to buyers and sellers additional services following an offer on a home to refer buyers and sellers to third party  professionals, such as real estate professionals, mortgage professionals, and attorneys.  These services are available for an additional fee and subject to additional terms and conditions, including the engagement terms from the applicable professional. Although these third party services may be facilitated via OTTO, you are solely responsible for selecting the service provider to provide such services and all such services are solely rendered by those third party service providers, and not OTTO.    OTTO is not a licensed attorney, broker, lender or financial advisor and does not provide legal, financial, or real estate advice.

  12. Submissions.  You are responsible for all submissions and communications uploaded through your Account (“Submissions”).  You maintain any and all copyright and other intellectual property rights in any Submissions you upload and represent that you are the author of all such Submissions or otherwise have the rights from any third party author to provide us the Submissions for use on the Site.  You automatically grant us an irrevocable, limited, nonexclusive, royalty-free, fully-paid up, right and license to reproduce, display, distribute, and modify (for size and formatting) any Submissions that you upload.  OTTO has no responsibility or liability for any Submissions uploaded by you or any other OTTO user.  Although OTTO does not monitor Submissions, OTTO has the right and ability to remove Submissions at any time that it believes are in violation of these Terms or otherwise problematic. 

  13. Use Rights. You may only use the Site, Content, and Submissions from other users for your personal, non-exclusive use, so long as you comply with these Terms of Use and all other terms posted throughout the Site as applicable to you, and all applicable laws, rules and regulations. You may only use the Site and the Content for their intended purposes for which they are made available to you by OTTO.

  14. Use of Marks. OTTO owns certain trademarks, names, logos, insignia, or service marks (''Marks''). You do not have the right to use any Marks except as expressly agreed to in writing by Us. The Site may also contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms of Use grants to you any rights in or to those third-party marks or materials without such third party’s consent.

  15. Intellectual Property Rights. The Site and Content may be protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to OTTO or any third party is strictly prohibited and may fully be prosecuted of the law.

  16. Copyright Policy.  OTTO respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide OTTO the following information, in the form prescribed by Section 512 of Title 17, United States Code to our Copyright Agent at the address set forth below in the “Contact Us” section, Attn: Copyright Agent:

    1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

    2. a description of the copyrighted work or works that you claim have been infringed;

    3. a description of the allegedly infringing material, including its location on the site;

    4. your address, telephone number, and e-mail address;

    5. 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; and

    6. 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.

  17. Compliance with Laws.  In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

  18. Feedback and Other Content Submitted by You.  If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

  19. Restrictions on Your Use of the Site.  Any of the below activity may result in termination of your Account. 

    • You may not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without OTTO’s prior written consent.

    • You may not use the Site for unlawful purposes.

    • You may not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.

    • You may not engage in data mining or similar data gathering or extraction activities from the Site.

    • You may not interfere with, or attempt to interfere with, the access of any user, host, or network.

    • You may not use the Site to harvest email addresses, names, or other information of the users of the Site.

    • You may not send any unsolicited or unauthorized advertising, promotional materials, email, spam, junk mail, or any form of solicitation.

    • You may not access, use, or copy any portion of the Site, Submissions, or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

    • You may not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses or malware.

    • You may not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.

    • You may not frame, mirror, or circumvent the navigational structure of any part of the Site.

    • You may not access, tamper with, or use non-public areas of the Site.

    • You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another without their written consent, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

    • You may not engage in any conduct, or encourage or enable another individual to engage in conduct that OTTO considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

  20. NO WARRANTY. OTTO makes no guarantee or assurance that the Site will allow you to buy or sell a home or obtain the purchase price or gain you anticipate.  The Submissions, Site and Content are provided ''as is,'' and without any warranty of any kind.  To the maximum extent permitted by applicable law, OTTO expressly disclaims all warranties and conditions of any kind with respect to the Site and Content, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and arising from a course of dealing or usage in trade. OTTO makes commercially reasonable efforts to provide accurate and reliable content on the Site, but neither accuracy nor reliability are guaranteed. OTTO does not warrant or guarantee the security, quality, completeness, timeliness, or availability of the Site or Content or any Submissions that you upload to the Site. OTTO does not warrant or guarantee that the Site or Content will be uninterrupted or error-free, that any defects in the Site or Content will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful conditions or components. The laws of certain jurisdictions, including without limitation the State of New Jersey, may not allow the exclusion or limitation of warranties or conditions. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.

  21. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event will OTTO or its officers, directors, members, employees. Agents or professional advisors  (collectively, the ''OTTO Parties'') be liable for any indirect, special, incidental, exemplary, punitive, or consequential loss or damage, arising out of or in connection with the Site or Content, or your access to or use of, or inability to access or use, the Site or Content, regardless of the form of action, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a OTTO Party has express knowledge of the possibility of the loss or damage. Your sole and exclusive remedy is to stop accessing and using the Site or Content. Without limiting the foregoing, in no event will the OTTO Parties’ aggregate liability to you arising out of or in connection with the Site or Content, or your access to or use of, or inability to access or use, the Site or Content exceed $100 USD, even if any remedy provided fails of its essential purpose. The laws of certain jurisdictions, INCLUDING without limitation the State of New Jersey, may not allow the exclusion of certain damages or limitations of liability.  If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.

  22. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the OTTO Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including, without limitation, reasonable attorneys’ fees) that arise out of or in connection with (a) your violation of applicable laws, (b) your Account or any misuse of the Site or any Content, (c) your breach of these Terms or any other terms on the Site, (D) your Submissions, or (D) your infringement or misappropriation of any intellectual property rights. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

  23. Third-Party Websites, Services and Content. The Site may link to third-party websites, services or contain third-party content. We provide those links solely as a convenience.  Any such link is not intended to be, and should not be viewed as, a recommendation or endorsement of any third party.  You should always conduct your own research on any third party service provider, such as an inspector or mortgage lender to ensure that you are getting the services you want at the price you want.  We are not responsible for examining or evaluating the content or accuracy of third-party content or websites linked through the Site.  When leaving the Site, it is the applicable third-party’s terms and privacy policy that govern your use of such third-party site (and such third-party’s use of your personal information), not these Terms of Use.  OTTO has no control over any third party’s business or decisions made by such third party. 

  24. Linking to the Site.  You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of OTTO.  If OTTO grants you a right to link to this Site, certain terms may apply, and OTTO reserves the right to revoke such consent at any time.  You are responsible for any costs incurred by OTTO in enforcing its rights under this Section. 

  25. Use in the United States.  The Site is intended for use in the United States only.  We do not guarantee that use of the Site will be available or permitted in any location other than the United States.  If you choose to access the Site from a location other than the United States, you do so at your own risk. 
    THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS OTTO OR THE OTTO PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.

  26. Termination. You may close your Account any time by accessing your account settings. If you violate applicable laws or these Terms of Use, you are immediately prohibited from further use of the Site or Content and OTTO may suspend or terminate your Account or the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.  OTTO will not be liable to you or anyone else for any damages arising from or related to OTTO’s suspension or termination of your Account or access to the Site or the Content, or in the event OTTO modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).

  27. Cooperation with Law Enforcement. OTTO will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE OTTO PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

  28. DISPUTE RESOLUTION – ARBITRATION. Both parties agree to resolve any disputes arising under these Terms of Use or relating to the Site or the Content through binding arbitration, on an individual basis, as set forth below.​

    • WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST OTTO IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to OTTO’s right to appeal.

    • Good Faith Discussions. You and OTTO must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms of Use.

    • Rules. You and OTTO agree that arbitration will be conducted by the American Arbitration Association (''AAA'') in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (''Rules''). The Rules can be found at: https://www.adr.org/Rules. You and OTTO agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.

    • Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.

    • Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms of Use or with regard to the Site, including as to the enforceability and/or formation of this agreement to arbitrate made between you and OTTO.

    • Location. You agree that arbitration shall take place exclusively in Connecticut. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.

    • Time Limit. Any claim by you arising in connection with these Terms of Use, the Site or the Content must be commenced by you within one (1) year of the dispute giving rise to the claim.

    • Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.

    • Changes to this Agreement to Arbitrate. If OTTO modifies this arbitration provision, you may reject that change by sending OTTO written notice within thirty (30) days of our posting of the change, in which case you must immediately stop using the Site.

    • The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms of Use.

    • Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.

    • Exceptions. Notwithstanding anything to the contrary in this Section, you and OTTO each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.

  29. Governing Law. Unless expressly prohibited by the law of your place of residence, these Terms of Use, and your access to and use of the Site, are governed by the laws of Connecticut, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in New Haven County, Connecticut. The parties expressly agree to the exclusive jurisdiction of those courts.

  30. Entire Agreement. These Terms contain the entire agreement between you and OTTO with respect to your access to and use of the Site and the Content. In the event of conflict between these Terms of Use and the applicable Privacy Policy, the applicable Privacy Policy will control. 

  31. Severability. If any provision of these Terms of Use is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use.

  32. Contact Us. Please direct any questions and concerns regarding these Terms to us at:

OTTO Homes, Inc.

185 Plains Rd.

Milford, CT 06461

(857) 288-8986

hello@opentotheoffer.com

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