Terms of Service Welcome to this website (“Site”), as operated by Homes Listed, Inc. (“Company”). Company operates the Site and other associated services and offerings, including, without limitation, mobile and tablet applications, that allow individuals to list or locate apartments, houses or other real estate for rent or sale or to locate roommates (collectively, the "Service"), and makes it available to you subject to the following terms and conditions of service (the "Terms"). The Terms are a legal contract between you, an individual user or single entity (individually “User” or collectively, "Users"), and Company regarding your use of the Service. You will also be subject to any additional posted guidelines or rules applicable to specific premium services, products, and features offered through the Service, which are hereby incorporated into these Terms.
Company may amend the Terms and modify or update the Service from time to time. Your continued use of the Service after any such changes are posted here will constitute your acceptance of the amended Terms.
Please be advised: These Terms contain provisions that govern how claims that you and Company have against each other can be brought (see below). These provisions will, with limited exception, require that you submit claims you have against Company to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
You are granted permission to use the Service, provided that you comply with the Terms. BY ACCESSING AND USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS CONTAINED HEREIN). IF YOU DO NOT AGREE TO THESE TERMS AT ANY TIME, PLEASE DO NOT USE THE SERVICE.
1. Applicable Terms and Policies.
yadditional posted guidelines or rules applicable to specific services and features, including, without limitation, end user license agreements for downloadable applications, which may be posted from time to time (collectively, the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
2. Our Proprietary Rights.
3. User Submissions.
4. Non-Company Content Disclaimer. You understand that when using the Service, you will be exposed to User Submissions and other content from a variety of sources, including listings information that Company aggregates from third parties (collectively, “Non-Company Content”). COMPANY IS NEITHER RESPONSIBLE NOR LIABLE IN ANY WAY FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OR INFRINGEMENT RELATING TO SUCH NON- COMPANY CONTENT, NOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-COMPANY CONTENT DISPLAYED OR TRANSMITTED VIA THE SERVICE, OR ANY CONTACT YOU HAVE WITH ANY THIRD PARTY PROVIDER/ CONTRIBUTOR OF NON-COMPANY CONTENT, OR ANY TRANSACTION YOU CONSUMMATE IN CONNECTION WITH YOUR USE OF OR ACCESS TO ANY NON-COMPANY CONTENT (INCLUDING, WITHOUT LIMITATION, ANY TRANSACTIONS RELATING TO THE RENTING, LEASING OR PURCHASING OF HOUSING UNITS OR OTHER REAL ESTATE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY IS NOT RESPONSIBLE OR LIABLE (UNDER ANY THEORY OF LIABILITY) FOR ANY USER’S OR THIRD PARTY’S VIOLATION OF THE FAIR HOUSING ACT OR ANY OTHER LAWS OR REGULATIONS RELATING TO HOUSING, RENT-TO-OWN TRANSACTIONS, OR NON-DISCRIMINATION. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO NON-COMPANY CONTENT THAT IS OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO. COMPANY DOES NOT ENDORSE ANY USER SUBMISSION OR OTHER NON-COMPANY CONTENT OR ANY OPINION EXPRESSED THEREIN.
5. Non-Monitoring of Non-Company Content and Users. Company does not control the Non-Company Content posted by Users and does not have any obligation to pre- screen or monitor such Non-Company Content. If at any time, Company chooses, in its sole discretion, to pre-screen or monitor the Non-Company Content, Company nonetheless assumes no responsibility for the Non-Company Content, no obligation to modify or remove any inappropriate Non-Company Content, and no responsibility for the conduct of the User submitting any such Non-Company Content. Without limiting the foregoing, Company and its designees may, at any time and without prior notice, remove any Non-Company Content, in whole or in part, for any reason. Furthermore, you alone are responsible for your involvement with other Users. Company reserves the right, but has no obligation, to monitor disagreements between you and other Users. Company disclaims all liability related to any User disagreement.
6. Monitoring User Communications. You may be able to communicate through the Services with other users. You agree that Company may, but is not required to, monitor user communications made through the Services and take actions with respect to your account and access to the Services, in its sole discretion. For example, if Company concludes that a user is using the Services as part of a scam or other illegal activity, Company can take actions, such as blocking (e.g. IP addresses) and terminating the user’s access/account/license. Company may also filter, delete, delay posting, omit entirely, or verify any Non-Company Content. You agree that you will not circumvent Company’s monitoring activity, and Company is not liable for any consequences that may result from actions taken as a result of monitoring or not monitoring user communications.
If you are opening an account or using the Service on behalf of yourself, you represent that you are the age of majority in your jurisdiction and fully able and competent to enter into these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
If you are opening an account or using the Service on behalf of a company, entity, or organization (collectively “Registering Organization”), then you represent and warrant that you are an authorized representative of that Registering Organization with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such Registering Organization.
8. Password. When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you should immediately notify Company. You may be liable for the losses incurred by Company or others due to any unauthorized use of your account.
9. Third Party Services and Third Party Materials. Company may provide tools through the Service that enable you to export information, including exporting User Submissions to third party services (such as Facebook) or to your devices. By using these tools, you agree that we may transfer such information accordingly and that you will not use such exported information other than for your personal, non-commercial use. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links, information, and references to third party products, services, and websites, which Company does not control or maintain (“Reference Sites”). Access to and use of any Reference Sites is at the User's own risk and Company is not responsible for the legality, accuracy or reliability of information or statements on Reference Sites. Company provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement. You should review any applicable terms and policies of such Reference Sites, as Company’s Terms do not apply to them.
10. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Service are solely between you and such advertiser or third party. You agree that Company will not be responsible or liable for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers/third parties on the Service.
11. Disputes with Third Parties If you have a dispute with: (i) another User of the Service; (ii) the provider of any Reference Site or Non-Company Content; (iii) any provider of any listing posted on or made available in connection with the Service; (iv) any third party that contacts you as a result of your use of the Service; or (v) any other third party arising in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 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."
12. Availability of the Service. Company may make changes to or discontinue any part of the Service at any time without notice. The Service may be out of date, and Company makes no commitment to update materials on the Service.
13. Termination. These Terms become effective on the date you first use the Service and continue in effect until terminated in accordance with the provisions herein. You agree that Company may suspend, disable, delete or terminate your account or use of the Service at any time in its sole discretion, and you agree that Company shall not be liable to you or any third-party for any such termination. You may terminate these Terms at any time by closing your account, if any, and discontinuing use of the Service. In the event that these Terms are terminated, you will not register a new account under a different name. Upon termination, all licenses granted by Company herein will terminate. In the event that your account is removed or deleted for any reason, User Submissions that you submitted or saved may no longer be available. Company shall not be responsible for the loss of such content.
14. Indemnification; Hold Harmless. You agree to indemnify, defend, and hold harmless Company, and its parent, subsidiaries, affiliates or any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of the Service; (ii) your User Submissions, including Company’s or other Users’ use, display or other exercise of their license rights granted herein with respect to your User Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights; and (v) your breach of the foregoing representations, warranties, and covenants. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.
15. DISCLAIMER. THE SERVICE, COMPANY MATERIALS, AND ANY NON-COMPANY CONTENT MADE AVAILABLE ON THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. COMPANY, ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT THAT THE COMPANY MATERIALS, NON-COMPANY CONTENT, THE SERVICE, OR ANY OTHER INFORMATION OFFERED THROUGH THE SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. COMPANY, ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF USE OF THE SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. COMPANY, ITS AFFILIATES, PARTNERS AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE PRODUCTS AND SERVICES THAT MAY BE OFFERED BY THIRD PARTIES IN ASSOCIATION WITH ANY NON- COMPANY CONTENT OR REFERENCE SITES, OR THAT YOU MAY TRANSACT WITH THIRD PARTIES FOR AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT THAT ANY OF THE LISTINGS ON ITS RENT-TO-OWN OR OTHER WEBSITES ARE AFFORDABLE OR A GOOD DEAL FOR YOU, AND COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM YOUR RELATIONSHIP WITH LANDLORDS OR SELLERS. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS OR DATA, OR ANY LOSSES OR HARMS OF ANY KIND YOU MAY SUFFER AS A RESULT OF FOLLOWING UP ON, TRANSACTING AS A RESULT OF, OR OTHERWISE RELYING ON ANY SUCH INFORMATION.
16. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL COMPANY, ITS AFFILIATES, PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING UNDER THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE COMPANY MATERIALS, NON-COMPANY CONTENT, OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, PARTNERS OR SUPPLIERS’ TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS OR FEES PAID IN THE PRECEDING TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
17. Digital Millennium Copyright Act.
18. Trademarks. Trademarks of Company may be included within the Service. All trademarks, logos and service marks found on the Service (“Company Marks”) are the property of Company or other third parties. Users are not permitted to use any Company Marks without the prior written consent of Company or the third party that owns the respective Company Mark. Company bears no responsibility or liability for, and disclaims sponsorship of or affiliation with, any third party marks uploaded to or displayed through the Service. Company is generally unable to evaluate the merits of disputes regarding third party marks and encourages Users to resolve any such disputes directly.
19. Contact Information. The Service is offered by Company, located at 1753 W Huron Street, Chicago, IL, 60622 and firstname.lastname@example.org. If you are a resident of certain jurisdictions, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
20. Survival. Sections 2 (other than 2b), 3, 4, 6, 7, 8, 9, 10, and 13-22 will survive any termination of these Terms or your account.
21. Dispute Resolution and Arbitration
Please read the following arbitration provision carefully. It requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us. Both you and Company acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Company’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. The Federal Arbitration Act and federal arbitration law apply to this arbitration provision.
“Disputes” or “claims” under this arbitration provision shall include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Service, any other goods or services made available through the Service, your relationship with Company, the threatened or actual suspension, deactivation or termination of your account with Company, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Company, any claims for fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability or validity of this arbitration provision) shall be decided by the arbitrator, except as expressly provided below.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Company at the following address: 1753 W Huron Street, Chicago, IL, 60622 and email: email@example.com. The arbitration will be conducted by JAMS under its rules, including the JAMS Consumer Minimum Standards. JAMS’s rules are available at www.jamsadr.com or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
YOU AND COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. Other than disputes regarding the validity of the class action waiver contained herein, which disputes may be resolved only by a civil court of competent jurisdiction, all disputes regarding the scope and validity of these Terms will be resolved by the arbitrator.
If for any reason a claim proceeds in court rather than in arbitration you and Company each waive any right to a jury trial. You and Company also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
22. Consent to Auto-Dialed Text Messages and Phone Calls. You agree that Company may contact you by autodialed text messages and phone calls with information about the Services, your account, and with marketing messages, even if your phone number is on a do-not-call list. You are not required to provide this consent as a condition of purchasing anything or using the Service, and may opt out at any time by texting the word “STOP” or by contacting Company at 415-817-1068. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.?