OPEN MARKET — TERMS OF SERVICE

Last Updated: February 20, 2026

These Terms of Service (“Terms”) govern your access to and use of the Open Market website, platform, and related services (collectively, the “Services”), operated by Open Market (“Open Market,” “we,” “our,” or “us”).

By accessing or using the Services, you agree to be bound by these Terms.
If you do not agree, do not use the Services.


1. What Open Market Is

Open Market is an online marketplace that allows users to create, publish, browse, and manage listings and communicate with other users.

Listings on Open Market may include, but are not limited to:

  • Property for Sale

  • Property for Lease

  • Rooms for Rent

  • Local Services

  • Buy & Sell Listings

  • Food & Beverage Listings

  • Grocery Listings

Open Market provides publishing tools, discovery features, and communication tools. We do not broker, manage, verify, guarantee, or participate in any transaction.


2. What Open Market Is Not (No Brokerage or Agency)

Open Market is not:

  • a real estate broker or agent

  • a property manager

  • an escrow or settlement service

  • a lender or insurer

  • a contractor or service provider

  • a party to any agreement or transaction between users

Open Market does not represent buyers, sellers, landlords, tenants, hosts, service providers, or customers.

All transactions, agreements, negotiations, payments, disputes, and outcomes are strictly between users.


3. Marketplace Disclaimer and User Due Diligence

All listings and content are created by users.

Open Market does not verify and does not guarantee that listings or user-provided information are accurate, complete, lawful, current, safe, or available.

You are solely responsible for your own due diligence and risk assessment, including (where applicable):

  • verifying identity and authority to sell, lease, or provide services

  • confirming property ownership, title, zoning, permits, HOA rules, and disclosures

  • confirming pricing, availability, and terms

  • performing inspections and professional reviews

  • verifying licenses, insurance, and qualifications of service providers

  • ensuring compliance with all local, state, and federal laws

You use the Services at your own risk.


4. Accounts and Eligibility

You must provide accurate and current account information and keep it updated.

You are responsible for all activity conducted under your account and for maintaining the confidentiality of your login credentials.

We may suspend or terminate accounts for suspected fraud, abuse, policy violations, unsafe conduct, or legal risk.


5. Subscriptions, Billing, and Cancellation

Subscriptions

Open Market offers free and paid subscription plans. Paid subscriptions may provide access to additional listing credits, features, or visibility depending on the plan selected.

Billing

Paid subscriptions are billed in advance for the selected billing period (monthly or annual, if applicable).

All fees are non-refundable, except where required by law.

Cancellation

You may cancel a paid subscription at any time through your account settings. Open Market does not accept cancellation requests by phone or email.

When you cancel:

  • Your subscription remains active until the end of the current paid billing period

  • You will not be charged again

  • Your subscription will not automatically renew

No refunds or prorated credits are provided for unused time, listing credits, or features.

After a subscription expires:

  • Any unused listing credits are forfeited

  • Existing listings may remain visible, be downgraded, or be removed based on your plan and listing policies

  • Access to paid features may be restricted until a new subscription is purchased

Subscriptions and paid features do not guarantee leads, inquiries, sales, rentals, or outcomes.

Open Market may change pricing or plan features with reasonable notice.


6. Listings and Content Rules

Your Responsibilities

By posting content or listings (“User Content”), you represent that:

  • you have the legal right to post it

  • the information is accurate to the best of your knowledge

  • you have permission to use all images, text, and media

  • the content does not violate any law or third-party rights

Prohibited Use

You may not use Open Market to post or promote:

  • illegal goods or services

  • fraud, scams, or impersonation

  • harassment, threats, hate, or discrimination

  • sexually explicit services

  • misleading pricing or false availability

  • unsafe or deceptive conduct

  • content you do not have the right to use

We may remove listings or restrict visibility at our discretion.


7. Communications Between Users

The Services may allow messaging or inquiries between users.

You agree not to spam, harass, threaten, or send deceptive communications.
We may restrict messaging privileges for abuse.


8. Content Ownership and License

You retain ownership of your User Content.

By posting User Content, you grant Open Market a non-exclusive, worldwide, royalty-free license to host, display, reproduce, distribute, and promote your content as necessary to operate and market the Services.


9. No Endorsement; Third-Party Links

Open Market does not endorse any listing, user, product, service, or property.

Any third-party links or websites are accessed at your own risk and are governed by their own terms.


10. Moderation and Removal

We may remove, edit, limit, or block content or accounts that violate these Terms or create risk for users or the platform. We are not obligated to monitor all content.


11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPEN MARKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee uninterrupted service or results.


12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

OPEN MARKET WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR REVENUE.

OPEN MARKET’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO OPEN MARKET IN THE 12 MONTHS PRIOR TO THE CLAIM.


13. Indemnification

You agree to defend, indemnify, and hold harmless Open Market and its affiliates from claims arising from:

  • your listings or User Content

  • your use of the Services

  • your violation of these Terms or laws

  • your transactions or interactions with other users


14. Termination

You may stop using the Services at any time.

We may suspend or terminate access if you violate these Terms or create risk.

Sections relating to liability, indemnification, and dispute resolution survive termination.


15. Changes to These Terms

We may update these Terms from time to time. Continued use of the Services after changes become effective constitutes acceptance.


16. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.


17. Contact

Questions about these Terms:
info@open-market.net

Answers to common questions about listing on Open Market.