Visitor Terms of Service
1. Acceptance of Terms
1A. Your Alternative to Acceptance
If you do not wish to provide the consent described in Section 2 or otherwise agree to these Terms, you are not required to do so. You are equally free to view this listing — or any other listed property — through other means available under applicable real estate practice rules.
In particular, you may schedule a private showing of this or any other listed property with a licensed real estate buyer's agent of your own choosing. Pursuant to the National Association of REALTORS® (NAR) policy changes that took effect on August 17, 2024 in connection with the settlement of In re Real Estate Commission Antitrust Litigation (Burnett v. NAR), an MLS-Participant buyer's agent must enter into a written buyer representation agreement with you before showing you a home. Most buyer's agents can prepare such an agreement at the time of showing, and the agreement's terms — including compensation — are negotiable between you and the agent you select.
Acceptance of these Terms and use of the ohACCESS registration flow is required only as a condition of attending an open house through the ohACCESS platform. It is not a precondition to viewing this or any other listed property by any other lawful means, and choosing not to register here in no way limits your access to the broader real estate market, your right to engage the buyer's agent of your choice, or your right to view this specific property at a future open house or by private appointment.
1B. Access Is at the Discretion of the Seller and Hosting Agent
Attendance at an open house is a privilege extended by the property owner and the hosting Agent, not a right. ohACCESS is a technology platform that facilitates registration and codeword-based verification; it does not grant, control, or guarantee access to any listed property. Completion of the ohACCESS registration flow and receipt of an access code does not entitle you to enter the property.
The hosting Agent and the property owner expressly reserve the right, exercisable in their sole and reasonable judgment, to refuse admission to, condition entry of, or remove from the premises any person at any time, including (without limitation) when doing so is necessary to protect the safety of attendees or occupants, secure the property, comply with capacity limits or scheduling, respond to suspected impairment or threatening behavior, or comply with any applicable law, regulation, or instruction from law enforcement.
Non-Discrimination. Any refusal, conditioning, or removal must be made in a manner that complies with the federal Fair Housing Act (42 U.S.C. §§ 3601 et seq.), the Civil Rights Act of 1866 (42 U.S.C. § 1981), the Americans with Disabilities Act where applicable, and all state and local fair-housing and anti-discrimination laws. The hosting Agent and the property owner may not refuse or condition access on the basis of race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status, disability, age, marital status, source of income, military or veteran status, or any other class protected under federal, state, or local law in the jurisdiction where the property is located. Section 7 of the ohACCESS Subscriber Terms of Service independently prohibits any ohACCESS account holder from engaging in discriminatory access decisions and treats any such conduct as grounds for immediate termination of the account holder's ohACCESS subscription.
If You Believe You Were Refused Unlawfully. If you believe you were refused access in violation of fair-housing or anti-discrimination law, you may file a complaint with the U.S. Department of Housing and Urban Development at 1-800-669-9777 or hud.gov, contact your state attorney general or state real estate commission, and/or report the incident to ohACCESS at privacy@ohaccess.com. ohACCESS will preserve any registration and access-related records associated with the incident pursuant to a good-faith complaint or lawful request, consistent with our internal retention policies.
ohACCESS Disclaimer. ohACCESS is not a party to any access decision, does not direct the hosting Agent's or property owner's discretion regarding admission, and disclaims any liability arising from an Agent's or property owner's decision to grant, refuse, condition, or terminate access to an open house, except to the extent ohACCESS's own conduct independently violates applicable law.
1C. Purpose of ohACCESS — Security, Follow-Up, and Related Services
ohACCESS is, first and foremost, a safety and security tool for property owners and the real estate professionals who host open houses. An open house is an invitation to view a private home; it is not an offer of open, anonymous, or unvetted access to anyone. The primary purpose of the registration and codeword verification you complete is to confirm that each visitor has provided genuine, reachable contact information and to create a record of attendance — measures that deter anonymous or fraudulent entry and support the safety and security of the property, its occupants, and the hosting Agent.
ohACCESS verifies only that the phone number and/or email address you provide are valid and reachable, by delivering an access code to them. ohACCESS does not conduct background checks, criminal-history checks, or identity verification beyond this contact-information confirmation, and does not screen, vouch for, or guarantee the safety, identity, or intentions of any visitor, Agent, or other person. Sections 1B (Discretion of Access) and 11 (Indemnity) continue to apply.
Access codes. Any access code issued to you is provided solely for your own attendance at the specific open house for which you registered. Access codes are personal to you, non-transferable, and may be single-use and time-limited. Sharing your code with, or using a code on behalf of, another person is prohibited, and — as stated in Section 1B — presenting an access code does not by itself entitle you or anyone else to enter the property.
The hosting Agent also uses ohACCESS to follow up with you regarding the property you visited and other real estate services, as described in Sections 2, 4, and 8, and ohACCESS may facilitate introductions to the categories of real estate–related service providers described in Section 5. These follow-up and service-provider purposes operate alongside, and are secondary to, the security purpose described above.
1D. Conduct at the Property; Photography and Recording
An open house takes place in a private residence. Unless the hosting Agent or property owner expressly permits it, you agree not to photograph, video-record, audio-record, livestream, or otherwise capture or transmit images or recordings of the interior of the property or of other attendees while on the premises.
You further agree to follow the reasonable instructions of the hosting Agent; to refrain from opening closets, drawers, safes, or personal belongings except as the Agent permits; and to respect the privacy, property, and safety of the owner, occupants, and other attendees. The hosting Agent and property owner may condition or withdraw your access for failure to comply, consistent with Section 1B.
2. Express Written Consent to Be Contacted
By submitting this form, you provide your express written consent — as that term is defined under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and applicable state laws — to be contacted by the Agent, their affiliated brokerage, and ohACCESS via:
- Telephone calls to the number you provided, including calls made using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice
- SMS and MMS text messages to the number you provided
- Email messages to the email address you provided
This contact may be regarding the specific property you registered to visit, other available properties, market updates, or real estate services, transactions, and homeownership.
3. Do Not Call Registry Override
4. Established Business Relationship
5. Data Sharing with Third-Party Partners
Current practice: ohACCESS does not currently share your registration information with the third-party business partners listed below. The consent you provide in this Section 5 is forward-looking — it permits, but does not require, ohACCESS to engage in such sharing in the future without obtaining additional consent. If and when ohACCESS begins active third-party data sharing, the categories of recipients will be those listed in this Section 5 and no others, and we will update our Privacy Policy and notify subscribers as required by Section 14 of these Terms.
If you select the box to share your information with our third-party business partners, you expressly consent to ohACCESS sharing your registration information — including your name, email address, phone number, purchasing timeline, and open house attendance details — with ohACCESS's authorized third-party business partners, which may include only:
- Mortgage lenders and loan originators
- Title companies and closing attorneys
- Real estate attorneys
- Home inspection companies
- Moving and relocation companies
- Home warranty providers
- Homeowner's insurance providers
- Other real estate transaction service providers
If such sharing begins, these third-party partners may contact you independently regarding their products and services. ohACCESS is not responsible for the communications or practices of third-party partners. Each third-party partner's contact with you is governed by their own terms of service and privacy policy.
You have the right to opt out of third-party data sharing at any time by emailing privacy@ohaccess.com with the subject line "Opt Out of Third-Party Sharing," even before any such sharing has begun. OhACCESS will process opt-out requests within ten (10) business days for future sharing. Please allow up to sixty (60) days for any sharing opt-out request to go into effect. Data already shared with third-party partners prior to your opt-out request cannot be recalled.
5A. Data Retention
5B. California Residents and Other State Privacy Rights
6. How to Opt Out of All Communications
You may withdraw your consent and opt out of future communications from ohACCESS at any time using any of the following methods:
- Text messages: Reply STOP, QUIT, CANCEL, UNSUBSCRIBE, or END to any text message you receive
- Email: Click the "Unsubscribe" link in any email, or reply with "Unsubscribe" in the subject line
- Phone: State verbally that you wish to be placed on the do-not-call list
- Written request: Email privacy@ohaccess.com
- Third-party sharing opt-out: Email privacy@ohaccess.com with subject line "Opt Out of Third-Party Sharing"
Opt-out requests will be processed within ten (10) business days, but please allow up to thirty (30) days for such request to go into effect. Transactional messages you request such as your access code confirmation are not affected by marketing opt-outs.
7. Accuracy of Information and Eligibility
8. No Agency Relationship Created
Your registration through ohACCESS and any subsequent communications from the hosting Agent or their affiliated brokerage are for informational and marketing communication purposes only. Nothing in these Terms, the registration process, or any follow-up communication from the Agent shall be construed as creating a real estate agency relationship, fiduciary duty, or representation agreement between you and the Agent or their brokerage.
No agency relationship — including but not limited to buyer representation, seller representation, or dual agency — is established by your attendance at an open house, your registration through ohACCESS, or any communications that follow. Any formal real estate representation relationship requires a separate, signed written representation agreement between you and a licensed real estate professional, in accordance with applicable state law and National Association of REALTORS® guidelines.
The Agent's follow-up communications are intended solely to provide you with information about available properties and real estate services. You are under no obligation to work with the Agent or their brokerage as a result of your registration or any subsequent communications.
9. Platform Role
9A. Open House Scheduling, Cancellation, and Force Majeure
Open houses are scheduled and conducted at the discretion of the hosting Agent and the property owner. An open house for which you register may be rescheduled, relocated, shortened, or canceled, and the property may be taken off market, placed under contract, or otherwise made unavailable, at any time and without notice to you. Neither ohACCESS nor the hosting Agent guarantees that any open house will take place as listed or that any property will be available for viewing.
Neither ohACCESS nor the hosting Agent is liable for any failure or delay — including the unavailability of the platform or of any open house — caused by events beyond its reasonable control, including acts of God, severe weather, fire, power, utility or network failures, labor disputes, governmental or law-enforcement action, public-health emergencies, or other force-majeure events.
10. Intellectual Property
All software, content, design, code, copyrights, trademarks, logos, trade secrets, patents, patent applications, and materials on the ohACCESS platform are the exclusive property of ohACCESS, LLC and are protected by applicable intellectual property laws. The ohACCESS visitor verification mechanic is the subject of U.S. Provisional Patent Application No. 64/071,134. Unauthorized use, reproduction, or distribution of any ohACCESS materials is strictly prohibited.
If you provide ohACCESS with any feedback, suggestions, or ideas regarding the ohACCESS platform or website, you grant ohACCESS a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that feedback into our services without any compensation or obligation to you.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OHACCESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE PLATFORM, YOUR ATTENDANCE AT AN OPEN HOUSE, YOUR DENIAL OF ENTRY TO ANY OPEN HOUSE, ANY COMMUNICATIONS YOU RECEIVE FROM AN AGENT OR THIRD-PARTY PARTNER, OR ANY DATA SHARING AUTHORIZED BY THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF OHACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE OF THIS PLATFORM IS AT YOUR OWN RISK. IN NO EVENT SHALL OHACCESS'S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100).
The limitations in this Section 11 apply notwithstanding the failure of essential purpose of any limited remedy.
12. Indemnification
13. Governing Law, Arbitration & Class Action Waiver
13.1 Governing Law. These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
13.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the platform shall be resolved through final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, conducted in Tarrant County, Texas, or remotely by videoconference at the arbitrator's discretion. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Either party may seek emergency injunctive relief in any court of competent jurisdiction in aid of arbitration.
13.3 JURY TRIAL WAIVER. YOU AND OHACCESS EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM.
13.4 CLASS ACTION WAIVER. ALL CLAIMS BETWEEN YOU AND OHACCESS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH'S LIMITATIONS AS TO A PARTICULAR CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT IN COURT.
13.5 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. This general severability provision applies in addition to, and does not limit, the specific severance rule in Section 13.4.
14. Changes to These Terms
15. Contact Information
For any questions about these Terms, opt-out requests, or data sharing inquiries:
privacy@ohaccess.com
ohaccess.com