Terms of Service
Thank you for using HomeMe. The following Terms of Service apply to the services offered by HomeMe, Inc. in connection with our website (“Site”) www.homemeapp.com and our mobile applications (“Apps”). By visiting, viewing, accessing or using any version of the Site or App, including through a bot or other automated means, (“You” or “User”) You are explicitly accepting these Terms of Service. If you are a property management company, property, or property owner you are a “Lister” and accept related Terms of Service.
These Terms of Service may be changed at any time and You will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site, within our App, or via the email address you provided when signing up. Your continued use of the Site and or App after the posting of any amended Terms of Service shall constitute Your agreement to be bound by any such changes. HomeMe may modify, suspend, discontinue or restrict the use of any portion of the Site or App without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions.
Individuals searching for a residential rental property (“Renters”) may use the HomeMe App and Site to search property listings and get “pre-approved.” As a Renter, you are only permitted to use our services to search properties, book property tours, and start a lease with available properties. In order to confirm pre-approval status with properties in which you, the renter, have expressed interest, HomeMe will use credit and background data provided to us at the point of approval confirmation. The submission of untrue or incomplete data will result in inaccurate pre-approval statuses. Should you, the renter, submit false data to HomeMe, HomeMe is not responsible for any cancellations or declines by the property.
Services Not Provided
Without limiting any other content, you acknowledge and agree:
- HomeMe is not responsible if and when published rental costs and availabilities change. These changes are made at the sole discretion of the property owner or manager at any time and can be made without further notice.
- HomeMe is not responsible for discussing or forwarding any Renter’s concerns, differences, or discrepancies regarding a property. It is the Renter’s responsibility to address these with the Landlord or Property Manager prior to Leasing an apartment.
- HomeMe is not responsible for and has no obligation to store any content that Listers make available.
- If you are a Lister, HomeMe does not guarantee that you will lease your apartment through Us.
- HomeMe can not guarantee that its Users comply with applicable state and federal laws. As such, HOMEME, INC. assumes no liability for Renters and or for properties failure to comply with such laws.
- HomeMe is not responsible for, and disclaims, any and all liability related to any and all listings. Accordingly, any contact between Renters and Listers will be made at each party’s own risk.
- HomeMe can make changes to its products, services, Site, and mobile App at any time without notification or consent.
Use of the Prequalification products may result in adverse action disclosure obligations under the Fair Credit Reporting Act and/or Equal Credit Opportunity Act. The client should consult their own legal and/or compliance department for guidance on specific obligations related to adverse action disclosures.
All content and information available on our Site and in our App (collectively, “Materials”) is protected by copyright and other intellectual property laws. The Materials, including compilations of Materials, are owned by HomeMe, Inc. and its affiliates, and/or their respective licensors and suppliers (collectively, “Licensors”). The Materials are intended for personal and noncommercial use only by Renters. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, re-post or use any portion of the Materials available on our Site or in our App in any way or for any other purpose other than personal, noncommercial use. Requests regarding the use of Materials for any purpose other than personal, noncommercial use should be directed to HomeMe, Inc.
The “HomeMe” name and logo are trademarks of HomeMe, Inc. Other product and company names herein may be trademarks of their respective owners. You acknowledge that the Materials includes certain trademarks, service marks, and other indicia of source (together “Marks”) that are owned by HomeMe, Inc., its affiliates, licensors and others. You agree not to copy, use, infringe, dilute, alter, remove any Mark, intellectual property notice or other notice for the Materials or any copy thereof.
All software contained in this Site and App (“Software”), is owned by HomeMe, Inc., its affiliates and/or licensors, and is protected by copyright and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
If you accessed or downloaded our mobile application through the Apple App Store, it is an “App Store Sourced Application” for purposes of these Terms of service.
- You acknowledge and agree that:
- These Terms of Service are valid between you and HomeMe only, and not the Apple App Store.
- That HomeMe, not the Apple App Store, is solely responsible for the App Store Sourced Application and content thereof.
- Your use of the App Store Sourced Application must comply with the Apple App Store Rules and Terms of Service.
- You acknowledge that your device manufacturer has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- You and HomeMe acknowledge that, as between HomeMe and the Apple App Store, the Apple App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
- Product liability claims;
- Any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement;
- Claims arising under consumer protection or similar legislation.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the the Apple App Store, which where applicable, will refund the purchase price for the App Store Sourced Application to you. To the maximum extent permitted by applicable law the Apple App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between HomeMe and the Apple App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HomeMe’s sole responsibility.
- You and we acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between HomeMe and the Apple App Store, HomeMe, not the Apple App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- You and we acknowledge and agree that the Apple App Store, and the Apple App Store subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms of Service, the Apple App Store will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms of Service as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
You represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.
- You are not listed on any U.S. Government list of prohibited or restricted parties.
Without limiting any other provisions of these Terms of Service, you must comply with all applicable third-party agreements when using the App Store Sourced Application.
Conduct and Prohibited Activities
As a condition of using HomeMe, you agree that you are solely responsible and will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. You agree you will not use HomeMe in any way prohibited by these terms, conditions and notices.
Additionally you shall not:
- Use HomeMe if you are under 18 years of age, not able to form legally binding contracts, or have been suspended from HomeMe.
- Violate any local, state, provincial, national, or other law, regulation, or court order. This includes, but is not limited to:
- Federal Fair Housing Laws
- Zoning restrictions
- Tax laws
- Rules and regulations
- Entering into transactions that are known to be illegal
- Offer any properties or listings that you are not authorized to rent, including subleases that are not authorized by the property owner.
- Provide false or misleading pricing information when listing a property.
- Provide false or inaccurate contact information and moving details.
- Use the Site or App’s lead forms and/or contact numbers Collect, Harvest, or Solicit information about users, including PII, without their consent or with for the use of unlawful activities.
- Infringe upon HomeMe or our affiliate’s legal rights, copyrights and trademarks.
- Copy, distribute, modify, or republish Materials from our Site or App.
- Transmit any kind of information or materials to or from HomeMe in and it’s users that violate, plagiarize or infringe on the intellectual property or contractual rights of any third party.
- Transmit any kind of content, information, or materials to or from Home inc and its users that is offensive to the online community. This includes but is not limited to:
- Promoting Racisim, bigotry, hatred, physical harm of any kind
- Instructional information about illegal activities
- May be harmful to minors
- Libelous or defamatory
- Obscene or pornographic
- Harassment, threatening, or torturous
- Tortious or otherwise objectionable
- Distribute viruses or any other technology that may harm, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or App.
- Decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code for the Software.
- Take any action that imposes an unreasonable or disproportionately large load on HomeMe, Inc.’s hardware and software infrastructure.
- Facilitate or assist any third party in violating any actions prohibited by these terms of service.
You acknowledge and agree that HomeMe, Inc. can terminate or suspend your access to our Site and App, without prior notice, if HomeMe determines that these terms of service have been violated in any capacity. HomeMe, Inc. is not required to provide any refund to You if Your use is terminated as a result of HomeMe, Inc. determination, in its sole discretion, that You have violated these Terms of Service.
You understand and agree that any individual or entity that violates any term of these Terms of Service is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar or related provision in any contract, including terms and conditions, Terms of service and terms of service, asserted by such individual, entity or any affiliate thereof, as binding upon HomeMe, Inc. or any of its affiliates.
Claims of Copyright Infringement
HomeMe, Inc. respects intellectual property rights and we ask that those posting and transmitting any content do the same.
We comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). If you believe that your work has been copied or infringed, please notify HomeMe by sending the following information to our Legal contact
- A description of the copyrighted work that you claim has been infringed.
- A description of the material you claim is infringing and where it is located.
- Your address, telephone number and e-mail address.
- A signed statement that the information in your notice is accurate and that you have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law, and under penalty of perjury, that that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Prior to sending a DMCA notice to us, we suggest that you confirm that you are the copyright owner or have the rights to the copyright as required by the DMCA.
You agree to release, defend, indemnify and hold HomeMe, Inc., its affiliates, Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands, damages, or expenses, including attorneys’ fees, arising from
- Any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content You provide.
- Your use of the Site or App or any reliance on the Materials.
- Your breach of these Terms of Service.
- Any actual, prospective or terminated sale, lease or other transaction between You and a property, Lister or third party using our Site or App.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Limitation of Liability
HOMEME, INC., ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE OR APP, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (THE “SERVICE”), INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF HOMEME, INC., ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO HOMEME, INC. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HOMEME, INC. AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOMEME, INC. CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, “THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU.
Unless explicitly stated otherwise, notices should be sent to the following address:
8509 Steller Drive
Culver City, CA 90232
We will send notices to the email address you provided HomeMe, Inc. Notices shall be deemed given 24 hours after the email is sent, unless sending party is notified that the email is invalid.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
©2017 HOMEME, INC.