Terms of Use

Welcome to ONECHIRP, INC (hereinafter, ONECHIRP). By using ONECHIRP’s Web sites (defined to include all properties (mobile, Web or otherwise) owned and operated by ONECHIRP, related data, and/or related services (collectively, “Services”), you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”).

Permissible Use. Unless you are a real estate agent or other state licensed professional acting in your professional capacity, you agree to use the Services for your personal use. The commercial use by real estate professionals is limited to providing information to consumers or clients via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale). Without limitation, lending professionals and institutions are prohibited from using information provided by ONECHIRP through the Services in making any loan-related decisions. The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax, tweet, and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. Notwithstanding the foregoing, the aggregate level data provided on the web site or any phone application owned or provided by ONE CHIRP may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), so long as ONECHIRP is cited as a source.

Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes.

Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms ONECHIRP, its service providers, suppliers or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services.

Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from ONECHIRP. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system which limits access to human users.

Windows Live Virtual Earth. Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use, located at http://www.microsoft.com/maps/assets/docs/terms.aspx.

Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html .

Calls. If you, as a consumer, choose to contact a real estate agent through the Services by filling out a contact request or other request form on the Services, you authorize ONECHIRP to provide your name and contact information and other identifying information you provide to the real estate agent you choose. You acknowledge that, by submitting your contact request or other request form on the Services, you may receive telemarketing calls from or on behalf of the real estate agent at the telephone number(s) you provide.

The Services may provide phone numbers that can connect you with ONE CHIRP, its service providers, or other third parties. Some of the numbers listed may be routed through a third party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to ONE CHIRP, you consent to such recording and monitoring. ONE CHIRP will treat recorded calls in accordance with its Privacy Policy.

Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to ONECHIRP in connection with the Services (your “Submission”), you grant ONECHIRP an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. ONECHIRP will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. ONECHIRP may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant ONECHIRP the rights in this paragraph, that ONECHIRP use of the Submission will not infringe any third party rights and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.

ONE CHIRP will not use client contact information that is uploaded by agents into the web site for any purpose.

You may not share your user account with others. You are responsible for all actions taken via your account. ONECHIRP will treat your use of the Services in accordance with its Privacy Policy. Certain ONECHIRP functionalities may involve the distribution of your Submission to third party Web sites over which ONECHIRP has no control. ONECHIRP is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site’s own privacy policy.

The Role of ONECHIRP. ONECHIRP is a California corporation and does not broker real estate transactions. ONECHIRP does not act as a real estate agent for you or any other user. ONECHIRP does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, ONECHIRP does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.

Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then ONECHIRP grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use (for example, Sections 1, 2, 11, and 12).

Linked Materials and Third-Party Materials. The Services may provide links to third-party products, services and Web sites, as well as materials provided by third parties. ONECHIRP does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that ONECHIRP has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and ONECHIRP takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

Claims of Copyright Infringement. ONECHIRP respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify ONECHIRP’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  3. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement claims should be sent as follows: By mail:

ONECHIRP, Inc.
1150 S. Bascom Avenue, #17, San Jose, CA 95128
Attention: Copyright Agent
By e-mail: DMCA_notice_email@ONECHIRP.com

If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

Email Alerts, News or Reports – When you sign up for Email Alerts, News or Reports we request your email address and demographic information (such as your occupation or interest in real estate). We use this information to provide the requested alerts and to enhance our services and provide a more personalized experience.

Services – Our services allow you to store search criteria, search history, photos, notes, financial analysis, and other information for your convenience and use of the site. We use this information solely to provide you the requested services. Note that you may choose to share this information with others, although it must be in accordance to the user agreement.

Intellectual Property. The Services are the property of ONECHIRP, and subject to the intellectual property rights of ONECHIRP and its licensors. 2015. All rights reserved.

You may not use any of ONECHIRP’S trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

ONECHIRP does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and

descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.

Patents pending: One or more patents apply to this site and to the features and services accessible via the site, including without limitation: US Patent Nos. ………………………………… and all corresponding foreign counterparts.

NO WARRANTY. ONE CHIRP PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONE CHIRP AND ITS AGENTS, AFFILIATES OR OTHER ASSOCIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ONE CHIRP AND ITS AGENTS, AFFILIATES OR OTHER ASSOCIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL ONE CHIRP OR ANY OF ITS AGENTS, AFFILIATES OR ASSOCIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST ONECHIRP, ITS AGENTS, AFFILIATES OR ASSOCIATES WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Changes; Discontinuance. ONECHIRP reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. ONECHIRP may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.

Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Santa Clara County, California for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

Indemnification. You agree to defend and hold ONECHIRP, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.

Release. You release ONECHIRP, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. ONECHIRP may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service.

ONECHIRP’S failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and ONECHIRP with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and ONECHIRP with respect to the Services.