Access and Use of the Site
PLEASE READ THESE TERMS OF USE (“Agreement”) CAREFULLY.
By accessing and using this website or any of its related applications (the “Site”), you agree to be bound by the terms and conditions of this Agreement. This Agreement is binding between you (sometimes referred to as “User,” “you,” or “your”) and HomeSpace and its subsidiaries and affiliates (collectively referred to as “HomeSpace”, the “Company”, “us”, “our”, or “we”). Access to and use of this Site and its contents are permitted only for finding a home for rent, related payment services and obtaining Company-related information (collectively, the “Service”).
We offer this Site to you as an informational tool only. The design and function of the Site and the contents of both, such as text, blog posts, graphics, images, audio and video files, user help files, user interface, layout and presentation, analytic and demographic data relating to your use of the Site, and other material contained in the Site are for informational purposes only. Any other access to or use of this Site or its contents is unauthorized.
DO NOT ACCESS THE SITE IF YOU DO NOT AGREE TO THESE TERMS OF USE.
By using OR OTHERWISE ACCESSING the Site, creating, registering or accessing an account, posting or downloading Content or any other information to or from the Site, purchasing any products or services via the Site or manifesting your assent to these Terms of Use in any other manner, you hereby UNEQUIVOCALLY AND expressly agree to, and shall be subject to, these Terms of Use.
Please understand that all information submitted on the site might potentially be publicly accessible. Important and private information should be protected by you. We are not liable for protection of privacy of electronic mail or other information transferred through the internet or any other network provider that you may use.
Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through the site should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting.
Information and materials posted by HomeSpace are provided for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions (see NO WARRANTIES; LIMITATION OF LIABILITY section below). In addition, the Site may be used by others to post other information and materials, including changes or additions; HomeSpace gives no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication they have been validated by HomeSpace or represent the views of HomeSpace. The Company does not monitor all submissions to the site but reserves the right to do so and to remove or edit anything that is in violation of these terms of use or other policies of HomeSpace.
We reserve the right to deactivate or suspend the use of the Service by anyone for any reason or no reason at all.
YOUR OBLIGATIONS TO US
You hereby represent and warrant to us that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence and/or residence, (iii) possess legal parental or guardian consent or (iv) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to us is truthful, accurate and complete; (c) you are an authorized signatory of the credit or debit card or other method of payment that you provide to us or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Site; (d) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Site, content or any part thereof; (e) you have provided and will maintain accurate and complete registration information with us, including, without limitation, your legal name, email address and any other information we may reasonably require; (f) your access to and use of the Site or any part thereof and/or purchase and use of any products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (g) you will immediately notify us in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; (h) you will not use the Site in order to gain competitive intelligence about us, the Site or any product or service offered via the Site or to otherwise compete with us or our affiliates; and (i) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.
In the event that you provide any user content, you hereby make the following additional representations and warranties to us: (1) you are owner of such user content or otherwise have the right to grant us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the user content and to grant the foregoing licenses or assignments; (3) the user content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such user content does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any user content will not result in harm or personal injury to any third party; and (5) all factual information contained in the user content is true and accurate.
No user of the Site or the Service may (1) take any action that imposes an unreasonable load on the site’s infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted on the site, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the site, (4) delete or alter any material posted by any other person or entity, or (5) frame or link to any of the materials or information available from the site.
If you submit any information to our site, you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) promote gambling, (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.
When retrieving information on our Site, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (2) aggregating, copying or duplicating any of the materials or information available from the site except for the small amount of materials and information temporarily required for an ordinary single use of the Site, or (3) accessing data not intended for such user.
Should you decide to submit, enter or transmit through use of the Service information or materials of any kind, you are responsible for ensuring that you may do so and that such information and materials may be accessed, used, copied, distributed and adapted by other users of the Service (including HomeSpace or its host providers) without liability or restriction. You are responsible for making sure all information and materials that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.
Modification of These Terms
HomeSpace reserves the right to change or modify these Terms and Conditions of Use, or any policy or guideline of this Site or the Service, at any time and in our sole discretion. Please review these Terms and Conditions of Use and their version dates frequently, as changes or modifications will be effective immediately upon posting the revisions to the Site or Service. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
These Terms became effective on August 1, 2022. Any changes to our Terms will be communicated through our Website at least five (5) business days in advance of its effective date.
Your License to Access the Site and Content
We hereby grant you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Site solely for the noncommercial, personal use of User or the internal business needs of the entity of which User is an authorized representative, as the case may be, subject to your agreement to, compliance with and satisfaction of these Terms of Use. All rights not otherwise expressly granted by these Terms of Use are reserved by us. If you do not comply with the Terms of Use at any time, we reserve the right to revoke the aforementioned license(s), limit your access to the Site or restrict your ability to post or download content or order products and services. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Site. You may not obscure or remove any proprietary rights notices contained in or on the content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Site or any part thereof.
We may discontinue or alter any aspect of the Site, remove content from the Site, restrict the time the Site is available or restrict the amount of use permitted at our sole discretion and without prior notice or liability. You agree that we may, under certain circumstances, immediately suspend and/or terminate your access to the Site or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in our sole discretion and without liability to you or any third party.
Accounts
For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify us in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant a particular username to you for any reason, including, without limitation, in the event we determine that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
By registering for an account, you certify that the information you provide on the registration form is accurate and pertains only to you. You agree to be honest with us and deal with us in good faith. You agree to refrain from making false representations, and you agree to provide us with up-to-date and accurate information, for which you are solely responsible.
Acccess through Mobile Devices
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Site on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using Services, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third-party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
Fair Housing/Equal Housing Opportunity
HomeSpace is an Equal Housing Opportunity company, which means HomeSpace (as well as all of our affiliated entities and employees) complies with the Fair Housing Act and other applicable federal, state, and local anti-housing discrimination laws. The federal Fair Housing Act prohibits discrimination in housing because of: Race/Color, National Origin, Religion, Sex, Familial Status, Handicap (or disability). HomeSpace also operates in states and local jurisdictions which have additional fair housing laws and added protected classes. HomeSpace is also responsible for complying with those laws and regulations. As such, all rental properties identified in this Site are subject to the federal Fair Housing Act and its state law counterparts. HomeSpace will not knowingly permit or allow any discriminatory conduct in the rental of its properties that violates applicable law. Complaints concerning discriminatory practices in housing may be filed with the local office of the U.S. Department of Housing and Urban Development (“HUD“).
No Warranties; Limitation of Liability
THE SERVICE, THIS SITE, AND THE MATERIALS HEREIN ARE PROVIDED “AS IS, WHERE IS” AS AN ACCOMMODATION WITHOUT WARRANTY OF ANY KIND, ALL USE IS AT YOUR SOLE RISK; AND HOMESPACE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL HOMESPACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE SERVICE. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT HOMESPACE CORRECT THE MATTER OR, IF HOMESPACE FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT ONCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Services Provided by Third Parties
Certain services offered on our Site are actually offered by third parties, and you will be notified that you are leaving the HomeSpace website. In those situations, the relevant third party will have access to data collected as part of the services rendered, and you are asked to review the terms and conditions of use and the privacy policy of the relevant third party before using the services. It is expected that such third party service providers may share the information they collected with us.
We are not a party to any transactions that may occur between you and a third party through the Site, including, without limitation, property owners, property managers, or third party employees. We are not a party to any contract or other agreement between you and such third parties. WE ARE NOT AND SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, DOCUMENTS, AGREEMENTS, OBLIGATIONS OR OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS AND SUCH THIRD PARTIES THROUGH THE SITE.
Limitation of Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
You agree to accept sole responsibility for any use of internet facilities conducted or permitted by you or, as applicable, your clients; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees, or other users or accesses.
Indemnification
You agree to defend, indemnify, and hold HomeSpace and its directors, officers, and employees harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or the Service or your use of the Site and the Service, including, without limitation, any actual or threatened suit, demand, or claim made against HomeSpace arising out of or relating to the User Content, your conduct, your violation of these Terms and Conditions of Use, or your violation of the rights of any third party.
Intellectual Property; Content
Subject to your full and continued compliance with these Terms and Conditions of Use, you are authorized to access, use and copy information and materials available through the Service only for purposes of finding a home to rent, or submitting payments. All materials on our Site or used in relation to the Service (herein the “Materials”), including but not limited to our trademarks, trade dress, trade names, logos, design, text, data compilations, search results, graphics, images, pictures, audio or video media files and other files, are proprietary property of HomeSpace, its suppliers, its licensors, and/or its users, and are protected by U.S. and international intellectual property laws, including but not limited to copyright trademark and servicemark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, beyond the authorized uses, without our prior written permission. The information and Materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use in creating other works, whether or not copyrightable, or to sell or promote other products. Violation of this policy may result in infringement of intellectual property and contractual rights of HomSspace or third parties which is prohibited by law and could result in substantial civil and criminal penalties. You may not use any meta tags or any other “hidden text” utilizing “HomeSpace”, “HomeSpace Services”, “HomeSpce Homes”, “HomeSpace ”, “HomeSpace Partners”, or any other name, trademark, or product name of HomeSpace without our express prior written permission.
You acknowledge that the Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by us or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Site may utilize Google Maps and related content licensed to us from Google, Inc. and its licensors, if any, and may utilize similar services and content from other third parties in the future. By using such features available on the Site, you agreed to be bound and hereby are bound by the applicable policies, terms and conditions of Google or such other third party service provider.
Arbitration
Any claim or dispute arising out of or relating to these Terms and Conditions of Use or the Service will be settled by binding arbitration before a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA“). Any such controversy or claim must be arbitrated on an individual basis and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Mecklenburg County, North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either HomeSpace or you may by motion seek any interim or preliminary relief from a court of competent jurisdiction in Mecklenburg County, North Carolina, as necessary to protect the rights or property of the moving party.
Governing Law
These Terms and Conditions of Use are governed by the laws of the State of North Carolina without regard to its conflict of law provisions.
The HomeSpace and their respective personnel and User are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against us, and we will not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that we have the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies we may have for your breach of this Agreement.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Site, Service and related content and products offered via the Site, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site, Service and products sold via the Site. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the arbitrator or any court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
Privacy Policy
HomeSpace respects the privacy of its users. Please read our Privacy Policy