Terms of Service
Last Updated August 13, 2017
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AS TO YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AN OUTLINE THAT GOVERNS THE CURRENT JURISDICTION AND VENUE OF DISPUTES, AND A CLAUSE PERTAINING TO POTENTIAL FUTURE MODIFICATIONS TO THESE TERMS.
PLEASE ALSO NOTE THAT ALL LANDLORDS SHOULD BE AWARE OF AND ARE SUBJECT TO LOCAL ANTI-DISCRIMINATION LAWS AND OTHER PERTINENT LEGAL OBLIGATIONS OUTLINED IN HOUSING LAWS AND OTHER LAWS IN THEIR JURISDICTION.
Terms of Service
homeBody provides an online network for landlords and tenants to be able to communicate and exchange payments, maintenance requests, and other information; in addition the network provides a means for landlords that have apartments for rent to seek a renter and a means for tenants to seek out and rent an apartment (collectively, the “Services”). These Services are accessible through www.joinhomebody.com and any other website through which homeBody makes Services available (collective, the “Site”) as well as applications for mobile devices (the “Application”). By using the Site or Application you agree to comply with and be legally bound to the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These terms govern your access to and use of the Services, Site, Application, Collective Content (defined below), any third party partner recognized by homeBody (defined below), and constitute a legally binding contract between you and homeBody. If you do not agree to these Terms, you have no right to obtain information from or otherwise use the Services, Site, and Application. Failure to use the Services, Site, and Application in accordance with these Terms may subject you to civil or criminal penalties.
You understand that homeBody is not a party to any agreement entered into between landlords or tenants or any third party. homeBody is not a real estate agent, an insurer, a contracting agent, or a regulatory agent. homeBody has no control over the actions of landlords or tenants or others on the Services, Site, or Application and disclaims all liability in this regard to the maximum extent permitted by law.
“homeBody Content” means all Content that homeBody makes available through its Services, Site, and Application including any content licensed from a third party, but excludes Member Content.
“Member Content” means all Content a Member posts, publishes, uploads, submits, transmits or includes on their member profile to be made available through the Services, Site and Application.
“Collective Content” means all Member Content and homeBody Content.
“Content” means, text, graphics, pictures, video, software (other than the Application), information or other materials.
“Member” means a person who has completed the homeBody Account registration process, including but not limited to landlords and tenants, as described in the “Account Registration” process below.
“homeBody Member Account” means the account associated with an individual that has successfully completed and validated the Account registration process and thereafter organizes all actions and activities on the network
“homeBody Member Profile” means the personal information added by the individual associated with the member account that may be accessed by other members in certain instances which may include name, contact information, a profile picture, and other personal information chosen at the individual’s discretion.
“The Network” means the collective organization of interactions between Members
“Third Party” means any non-homeBody company or legal entity that homeBody recognizes and partners with or otherwise allows access to the network
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, SITE, OR APPLICATION YOU ARE INDICATING THAT YOU HAVE READ, THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, SITE, APPLICATION, OR COLLECTIVE CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND IN SUCH EVENT, “YOU” AND “YOUR’ WILL REFER AND APPLY TO THAT COMPANY OR LEGAL ENTITY.
homeBody reserves the right, at its sole discretion, to modify the Services, Site, or Application or to modify these Terms, including fees, at any time and without prior notice. If we modify these Terms, we will either post modifications on the Site or the Application or otherwise provide you with a notice of modifications via email. We will also keep a “Last Updated Date” on the top of these Terms. By continuing to use or access the Services, Site, or Application after we have posted a notice of modification, you are indicating that you agree to be bound by those modified Terms. If those modifications are not acceptable to you, your sole recourse is to cease using the Services, Site, or Application.
The Services, Site, and Application are intended solely for persons who are 18 or older. Any access to or use of the Services, Site, or Application by anyone under 18 is expressly prohibited. By accessing and using the Services, Site, and Application you represent and warrant that you are 18 or older.
In order to access and use the Services, Site, and Application, you must register to create an account (“homeBody Member Account”) and become a Member. You may only register to join the Services directly via the Site or Application.
Your homeBody Member Account and Member Profile will be created for your use on the Site and Application based upon the personal information you provide to us, and in the cases where it is appropriate, by information provided by and/or confirmed by another Member with your confirmation. You may not have more than one active homeBody Member Account. You agree to provide accurate, current, and complete information during the registration period and to update such information to keep it accurate, current, and complete. homeBody reserves the right to suspend or terminate your homeBody Member Account and your access to the Services, Site, or Application if you create more than one account, or if any of the information provided during your registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safe guarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any actions or activities under your homeBody Member Account, whether or not you have authorized such actions or activities. You will immediate notify homeBody of any unauthorized use of your homeBody Member Account.
homeBody recognizes Landlords and Tenants as members on the network. Landlord members are recognized as the legal property owner, designated property managers, and any staff working with that associated landlord member. Tenant members are recognized as legal lease holders, official occupants, or representatives recognized by the associated landlord member, subject to approval by homeBody. The network consists of landlord and tenant relationships that have been defined by and are subject to legally binding contracts (a “Lease”) under the housing laws and other laws that are applicable to the parties’ jurisdiction. Any information related to a Lease that appears on the Services, Site, or Application has been expressly confirmed by each party and is subject to the applicable laws, regulations, and taxes of the jurisdiction it was entered into. homeBody is not a party to any Leases or any other legally sanctioned agreement and takes no responsibility for either party’s compliance with a Lease or legally sanctioned agreement.
Accordingly, as a Landlord Member, you represent and warrant that any Lease information or other information you provide and/or confirm in your Account Information (i) will be in compliance with all applicable laws (including housing laws, zoning laws, and others), all tax requirements, and rules and regulations that may apply to any lease information you post (ii) will have previously received the consent of your tenant(s) and (iii) does not come into conflict with any rights of your tenant(s) or other third parties.
As a Tenant Member, you represent and warrant that any Lease information or other information that you provide and/or confirm in your Account Information (i) will be in compliance with all applicable laws (including housing laws, zoning laws, and others), all tax requirements, and rules and regulations that may apply to any lease information you post (ii) will have previously received the consent of your landlord and (iii) does not come into conflict with any rights of your landlord(s) or other third parties.
As a member you acknowledge and agree that you alone are responsible for any Account information, other information or Content that you post or confirm on the Services, Site, and Application. homeBody reserves the right, at any time and without notice, to remove, or disable any Account Information or Content that, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services, Site, and Application.
YOU UNDERSTAND THAT HOMEBODY IS NOT A BROKER, INSURER, CONTRACTING AGENT, OR REGULATORY AGENT. ANY AGREEMENT YOU ENTER INTO WITH A MEMBER BEFORE OR DURING YOUR MEMBERSHIP TO HOMEBODY IS BETWEEN YOU AND THE MEMBER. HOMEBODY AND ANY RECOGNIZED THIRD PARTY IS NOT A PARTY TO ANY AGREEMENT BETWEEN MEMBERS AT ANY POINT. YOU ARE RESPONSIBLE FOR YOUR OWN ACTS AND OMISSIONS.
homeBody does not endorse any Member or apartment. Members are required by these Terms to provide accurate, current, and complete information. Although homeBody may make additional checks and processes to verify the identities and background information of Members, we do not make any representations about, confirm, or endorse any Member’s identity or background information. We recommend that you exercise due diligence and care in determining what Members to partner or interact with. By using these Services, Site, or Application, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to claims against that Member or third party who caused you harm.
“Payments” – the feature describing a Member’s ability to exchange money and/or track those exchanges with other relevant Members whether offline through check, money order, or cash or by signing up for mobile payments made available through a recognized third party provider (See below.) Online payments are made by validating a member's banking information and linking payments to another party through homeBody.
“Posts” – the feature describing any communication (questions, comments, announcements, complaints, compliance issues and others) that a Member can create, publish, respond to, or comment on that appears on relevant Feeds and is tracked on relevant Member Accounts and can be searched for.
“Projects” – the feature describing a specific task created by a Member that requires the actions of another Member (i.e. compliance document, maintenance request, service upgrade) to be completed which is tracked on relevant Member Accounts can later be searched for.
“Unit Feed” – the feature describing the organization of Members associated with a specific apartment unit (the tenants of record, the Landlord Member, agents of the landlord, or other third parties granted access), which grants them sole access to interact on matters related to that apartment.
“Building Feed” - the feature describing the organization of Members associated with a specific building (the tenants of individual units, the Landlord Member, agents of the landlord, or other third parties granted access), which grants those members sole access to interact on matters related to that building.
“Portfolio Feed” the feature describing the organization of a Landlord Member’s collective Building Feeds, granting the Landlord Member (and agents of the landlord or recognized third parties) the ability to interact with all tenant Members within their portfolio.
“Community Feed” the feature describing the organization of Members associated with a specific geography determined by homeBody that gives access to members and recognized third parties that allows them to interact on matters of common interest.
homeBody is a network for landlord-tenant(s) interactions, tenant-neighbor interactions, tenant-third party interactions and other interactions. As a Member you may interact through several limited-access feeds (“Feeds”) that may include an apartment feed, building feed, portfolio feed or community feed. Your access to these feeds are subject to your status as a Member (see below), the location of your apartment or portfolio, and your preferences outlined in your Member Profile. You acknowledge and agree that by accessing and using these Feeds, the Services, Sites, and Application or by interacting with any member or third party that you will comply with the homeBody Code of Conduct (outlined below). homeBody, though not responsible for monitoring the actions or activities on these Feeds, reserves the right, in its sole discretion, and at any time without notice, to block or disable your access to these Feeds, for a period of time determined also solely at its discretion, for actions and activities that it considers to be objectionable for any reason, in violation of its Code of Conduct, in violation of these Terms, or otherwise harmful to the Services, Site, and Application.
Members on the homeBody network share a number of uses, privileges, obligations and remedies. However, the Network has been designed to assign specific uses, privileges, obligations, and remedies to Landlord and Tenant Members, respectively.
If you are a Landlord Member, to join the Network you may add any buildings or units that you, or your company or legal entity, own or directly manage to the network. You may add the specific unit information contained in the Lease for each unit and add your tenant information. You may then send an invitation to your tenants to join the network and confirm the Lease information that you have provided.
If you are a Landlord Member, you acknowledge and consent to a tenant’s right to decline a homeBody Membership.
If you are a Landlord Member, on the Network you may contact all of your tenants directly, by unit, by building, or by portfolio. You have access to every feed in your portfolio, excluding private communications between Tenant Members.
If you are a Tenant Member, to join the Network you may either accept an invitation from your current landlord and confirm the information provided by them in your Lease or you may sign up directly without your landlord with or without the intention of your landlord joining as well. You acknowledge and consent to your landlord’s right to decline to a homeBody Membership.
If you are a Tenant Member, on the Network you may contact your landlord and roommate directly and your neighbors through the building feed through Posts. You may also contact your landlord, roommates, and neighbors through private messages. Your landlord does not have access to your private messages or to any post that is not assigned to them.
All members acknowledge and agree that homeBody is not a party to any Lease or other legally sanctioned agreement between members. All members acknowledge and agree that homeBody is not party to any conflict conducted on or off the network between members.
At our sole discretion, you may be permitted to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, Site, and Application, you hereby grant to homeBody a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Services, Site and Application. homeBody does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services, Site, and Application. Therefore, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services, the Sites, and Application or you have all rights licenses, consents and releases that are necessary to grant to homeBody the rights in such Member Content, as discussed under these Terms and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content on, through, or by means of the Services, Site, and Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Member Online Payments
As part of our service, homeBody allows members the option, if they choose, to send and receive online payments. Landlord members are permitted to select any or all forms of online payment options provided by homeBody that they wish to make available to tenant members, but landlord members are not required to do so. Additionally, landlord members may not require tenants to pick a specific form of payment and must provide an option that requires no cost to the tenant. Any additional cost associated with a specific form of online payment, for example a fee for processing credit card payment, will be given proper advance notice.
homeBody is not a payment provider. However, homeBody may enter into agreements with properly vetted third-party payment providers at its sole discretion for a period designated exclusively by homeBody. homeBody reserves the right, at its sole discretion, to terminate any agreements with a third-party payment provider under the terms of the agreement between homeBody and that payment provider. homeBody will take all necessary efforts to inform members of changes related to payment providers in advance of those changes and to remedy any changes in payment status that will guarantee the exchange of contractual payments between members.
Because homeBody is not a payment provider, it does not have access to any financial or personal data related to payments conducted through the Service and does not store any such information. Members electing to participate in a method of online payment offered through homeBody enter into a separate agreement with that third-party payment provider. The third-party payment provider and member are solely responsible for fulfilling the obligations of any agreement they enter into. Depending on the third-party payment provider, members may be required to grant that provider the authority to give homeBody limited access to their account. All members acknowledge and agree that homeBody is not a party to any financial or personal data exchanged between a member and a third-party payment provider.
By selecting an online payment method offered through homeBody, all members acknowledge and agree that homeBody is granted permission to manage a member's account on that member's behalf through the designated third-party and to initiate payments from their linked accounts to other members as specified by mutual consent. homeBody is not responsible for any payments owed by any member to another member and is not responsible for any transactions that fail to process. It is the responsibility of a member to remedy a failed transaction through the third-party payment provider.
Code of Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, regulations, rules, and tax obligations that may apply to your use of the Services, Site and Application and Content. You also agree not to do the following:
- violate any local, state, federal or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services, Site, Application or Collective Content;
- access or use the Services, Site, Application or homeBody API to use, expose, or allow to be used or exposed, any homeBody Content: (i) that is not publicly displayed by homeBody on the network (ii) in any way that is inconsistent with the homeBody Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of homeBody Members or any other third party;
- use the Services, Site, Application or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access or use any information contained in the Services, Site, Application or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage the homeBody Services, Site or Application, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the homeBody Services, Site, or Application to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the homeBody Services, Site, Application, or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to renting apartments in the rental market;
- “stalk” or harass any other user on the homeBody Services, Site, Application, or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a homeBody Member;
- offer, as a Landlord Member, any apartment for rental on the Network that you do not yourself own or have permission to rent as a residential property; you will not list an apartment for rental as a landlord if you are serving in the capacity of a rental agent or broker for a third party;
- offer, as a Landlord Member, any apartment that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party;
- register for more than one homeBody Member Account or register for a homeBody Member Account on behalf of an individual other than yourself;
- unless homeBody explicitly permits otherwise, enter into an apartment rental agreement if you will not actually be managing or renting the apartment yourself;
- contact another Member on the Network or as a result of coming into contact through the Network for any purpose other than relating to an apartment or building matter;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity on the network;
- recruit or otherwise solicit any Member to join a third party service or website that are competitive to homeBody without homeBody’s prior written approval;
- use automated scripts to collect information from or otherwise interact with the Services, Site, Application or Collective Content;
- use the Services, Site, Application or Collective Content to find a Landlord Member or Tenant Member then complete a Lease for a rental apartment independent of the Services, Site, or Application, in order to circumvent the obligation to pay any Fees related to homeBody’s provision of the Services or for any other reasons;
- as a Landlord Member, submit any false or misleading information, including price and length of contract, that you do not intent to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive, (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination of any kind to any group or identity, bigotry, racism, hatred, physical harassment, sexual harassment, sexism, self-harm, or harm against any individual, public or private, or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person, or promotes organizations that promote violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities, organizations, or substances;
- systematically retrieve data or other content from homeBody Services, Site, or Application to create or compile, directly or indirectly, in a single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Services, Site, Application or Collective Content or any individual element within the Services, Site, Application or Collective Content, homeBody’s name, any homeBody trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Services, Site, or Application, without homeBody’s express written consent;
- access, tamper with, or use non-public areas of the Services, Site, Application, homeBody’s computer systems, or the technical delivery systems of homeBody’s providers or recognized third-parties;
- attempt to probe, scan, or test the vulnerability of any homeBody system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by homeBody or any of homeBody’s providers or recognized third parties (including another Member) to protect the Services, the Site, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, the Site, Application, or Collective Content to send altered, deceptive or false sourced-identifying information;
- attempt to decipher, or decompile, disassemble or reverse engineer any of the software used to provide the Services, the Site, Application, or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing;
- accept or make a payment for apartment fees outside of homeBody’s payment system or recognized third-party payment provider. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibilities for such payment; and (iii) hold homeBody harmless from any liability for such payment.
homeBody has the right to investigate and prosecute any and all violations of the above to the fullest extent of the law.
homeBody may access, preserve, and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against homeBody or to comply with a legal process, (ii) to enforce or administer our agreements with users, such as these Terms or any other, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property, or safety of homeBody, its members, or members of the public. You acknowledge that homeBody has no obligation to monitor your access to or use of the Services, Site, Application, or Collective Content or to review or edit any Member Content, but has the right to do so for the purposes of operating and improving the Services, Site, and Application (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; to respond to content that it determines is otherwise objectionable or as set forth in these Terms. homeBody reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that homeBody, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services, Site, or Application.
If at any time on the Services, Sites, or Application you feel that another Member or other user is acting or has acted inappropriately, including but not limited to someone who (i) engages in offensive, violent or sexual behavior, (ii) engages in any disturbing conduct, negligent or endangering behavior or (iii) is breaking or has broken any laws or regulations, you should immediately report such person to the appropriate local authorities. You may then contact homeBody with the necessary report information (ex: police report number, agency contact number) which we will review and determine whether to take action or not based on these Terms. You acknowledge and agree that no report will obligate us to take any action beyond what is required by law (if any) or cause us to incur any liability to you.
You acknowledge and agree that homeBody is not a party to any Lease or other legally sanctioned agreement between Members and we have no obligation to intervene or determine liability in any dispute between Members. Any disputes arising from issues outside the bounds of these Terms (including anything related to a Lease or other arrangement, related to any allegation of failure to provide services, financial disputes, allegations of of criminal or civil liability) should be referred to the appropriate authorities. homeBody is not obligated to take any action beyond what is required by law or by a court order in a given dispute. homeBody may allow, from time to time, in its sole discretion, and in accordance with any law or court order, Content created on the Services, Site, or Application to be used in a dispute between Members with or without the express consent of the both Member parties involved.
If there is a dispute between you and homeBody, we hope to provide a prompt, neutral resolution that minimizes any cost to you. We strongly recommend reaching out to us directly before taking any legal action as we will consider any reasonable request to pursue resolution through alternative procedures such as mediation or arbitration.
You and homeBody agree that we will resolve any dispute or controversy at law or equity that arises out of this Agreement or out of our Services (a "Dispute") in accordance with one of the options outlined below or as you and homeBody otherwise agree in writing.
Governing Law - This agreement shall be governed in all respects by the laws of the State of Delaware without regard to conflict-of-law provisions. You and homeBody agree to submit to the personal jurisdiction of the courts located in the county of New Castle, Delaware. You agree that any Dispute you may have against homeBody must be resolved exclusively by a state or federal court located in New Castle, Delaware, expect as otherwise agreed by both parties.
Arbitration - For any Dispute (excluding claims for injunctive or other equitable relief) where the total amount of the reward sought is less than $10,000, you may elect to resolve the dispute through binding non-appearance based arbitration. If you elect to do so, you shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by both parties. The ADR provider and both parties must comply with the following rules: 1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; 2) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed upon by the parties; and 3) any judgement on the reward rendered by the ADR provider maybe be entered in any court of competent jurisdiction.
In addition to these Terms, homeBody may enter into contracts, at its sole discretion, between Members, particularly Landlord Members, for a period of time and financial terms as agreed upon by homeBody and the individual Member. These contracts are acknowledged and agreed to by both parties to be complimentary to these Terms.
Information Collection and Use
We receive, store, and process information and communications that you make available to us by using the Services, Site, and Application (ex: including your name, email address, and home address). We do this so you can access and use the Services, Site, and Application and to operate, protect and improve the Services, Site, and Application (ex: fraud protection, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes). We will not use your information in anyway for sending third party marketing messages to you nor will we at any point sell your information to third parties. By using the Services, Site, and Application, you consent that homeBody, at its sole discretion, may either directly or through a recognized third party, review, scan analyze and store your communications. homeBody uses analytical tools to anonymously track how our users interact with the Services, Site, and Application. For more information on how this data is used please visit www.google.com/policies/privacy/partners.
When you use certain parts of our Services, particularly our mobile Application, we may receive, store, and process different types of information about your location, including general information (ex. IP Address, zip code) and more specific information (ex. GPS-based functionality). If you access homeBody through the mobile Application and do not want your device to provide us with location-tracking information, you can disable the GPS (or other location-tracking functions) on your device, provided that your device allows you to.
When you use certain parts of our Services, particularly the Site, we may also receive, store, and process Log data, which is information that is automatically recorded by our servers whenever you access the Services, Sites, or Application, regardless of whether you are a registered user or not, and whether you are logged in or not. This information includes your IP address, the date and time you accessed and used the Site, the hardware and software you are using, referring and exit URLs, the number of clicks, page views, and the order of those page views and the amount of time spent on each page.
Other Site Plugins
homeBody may use social plugins which are provided by recognized third party partners. As a result, you may send certain information that you make available to us to third parties if you are logged in to our Services. These interactions with plugins may be tracked by those third parties.
Securing Your Information
homeBody will continue to implement and update best practices surrounding our administration, technical, and physical security measures to protect your personal information from unauthorized access, destruction, or alteration. However, no method of transmitting or storing personal information on the internet is without risk. As a result, homeBody does not guarantee the absolute security of information transmitted by you to us or information stored by us.
The Services, Site, Application, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services, Site, Application and Collective Content, including all associated intellectual property rights, are the exclusive property of homeBody and its licensers. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, Site, Application, or Collective Content.
homeBody follows copyright law and expects its users to do the same. homeBody will take action against any homeBody Member Account and account holder who repeatedly infringes or is believed to be infringing the rights of copyright holders.
You agree to release, defend, indemnify, and hold homeBody and its affiliates and subsidiaries and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, Site, Application, or Collective Content or your violation of these Terms; (ii) the Content you create on the Services, Site, and Application, (iii) your interaction with any Member, (iv) your creation of apartment information, (v) your confirmation of apartment information, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) or any kind arising in connection with or as a result of renting an apartment through the Services, Site, or Application.
homeBody may, at its sole discretion, without prior notice, with or without cause and without liability to you, cancel, suspend, deactivate, or otherwise limit your homeBody Account in accordance with these Terms. You acknowledge and consent that homeBody taking such actions against your Account does not in any way relieve you of any Lease or other legally sanctioned agreements that you have entered into with other Members at any point before or during your Membership.
You may choose to review, update, edit, or delete your personal information on your homeBody Member Account and Member Profile. You may do this by logging into your account settings. You knowledge and agree that cancelling your homeBody membership does not in any way release you from a Lease or other legal or regulatory obligation with another party.
If you are a Landlord Member and you wish to cancel your Membership, you may do so only under the terms agreed upon in your contract with homeBody. You also acknowledge and consent to a Tenant Member’s right to refuse a homeBody Membership while that tenant resides in an apartment owned or operated by you and that that tenant is bound only to the Lease or other legally sanctioned agreement. You also acknowledge and consent to a Tenant Member’s right to cancel their homeBody Membership over the course of their Lease or other legally sanctioned agreement without molestation.
If you are a Tenant Member and you wish to cancel your Membership, you may do so at anytime in accordance with your contract with homeBody. You acknowledge and consent to a Landlord’s right to refuse a homeBody Membership while you reside in an apartment owned or managed by that landlord regardless of your status as a Member. You also acknowledge and consent to a Landlord’s Right to cancel their membership during the course of your Lease or other legally sanctioned agreement.
In the case that a Landlord Member cancels their membership but some or all Tenant Members wish to retain their Memberships, homeBody acknowledges the Tenant(s) right to do so and will continue to recognize them as active Members with all the same privileges, obligations and remedies that comes with a homeBody Membership. homeBody is not a party to any Lease or other legally sanctioned agreement and has no obligation to a Landlord Member or Tenant Member outside of these Terms, and the contracts signed between homeBody and individual Members.
If you have cancelled a homeBody Account, homeBody does not have any obligation to delete or return any of your Content created on the Services, Sites, or Application.
IF YOU CHOOSE TO USE THE SERVICES, SITE, APPLICATION, OR COLLECTIVE CONTENT YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT HOMEBODY DOES NOT HAVE AN OBLIGATION TO DO BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER AND MAY DO SO AT ITS SOLE DISCRETION.
THE SERVICES, SITE, APPLICATION AND COLLECTIVE CONTENT ARE OFFERED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESSLY OR IMPLIED. HOMEBODY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, APTITUDE FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OVER COURSE OF COMMERCIAL DEALINGS. HOMEBODY MAKES NO WARRANTY THAT ITS SERVICES, SITE, APPLICATION OR COLLECTIVE CONTENT WILL SATISFY YOUR REQUIREMENTS OR BE AVAILABLE WITHOUT INTERRUPTION, SECURELY, OR ERROR-FREE. HOMEBODY MAKES NO WARRANTY REGARDING THE QUALITY OF MEMBERS, MEMBERS’ SERVICES, OR MEMBERS’ APARTMENTS. NO INFORMATION OR ADVICE WHETHER ORAL OR WRITTEN OBTAINED FROM HOMEBODY WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS ON THE SERVICES, SITE, OR APPLICATION AND WITH OTHERS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICES, SITE AND APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT HOMEBODY DOES NOT MAKE ANY ATTEMPT TO VERIFY STATEMENTS OF USERS OF THE SERVICES, SITE, OR APPLICATION OR TO VERIFY ANY APARTMENT OR LEASE INFORMATION PROVIDED ON THE SERVICES, SITE, OR APPLICATION. HOMEBODY MAKES NO WARRANTS OR REPRESENTATIONS AS TO THE CONDUCT OF USERS ON THE SERVICES, SITE, OR APPLICATION. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS ON THE SERVICES, SITE, OR APPLICATION, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS WERE ORGANIZED THROUGH HOMEBODY. HOMEBODY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY BY ANY MEMBER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS AND USE OF THE SERVICES, SITE, APPLICATION, AND COLLECTIVE CONTENT AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE IS YOURS ALONE. HOMEBODY AND ANY OTHER PARTY INVOLVED IN THE CREATION AND SUPPORT OF THE SERVICES, SITE, APPLICATION OR COLLECTIVE CONTENT WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INGURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FROM THE USE OF OR INABILITY TO USE THE SERVICES, SITE, APPLICATION OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, SITE, APPLICATION OR COLLECTIVE CONTENT AS A RESULT OF YOUR USE OF THE SERVICES, SITE, APPLICATION OR COLLECTIVE CONTENT
These Terms constitute the entire and exclusive understanding and agreement between homeBody and you regarding the Services, Site, Application, Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between homeBody and you regarding the Services, Site, Application, or Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without homeBody’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent, will be null and have no effect. homeBody may assign or transfer these Terms, at its sole discretion, without restriction. Subject to foregoing, these Terms will bind and inure the benefits of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications of these Terms, will be in writing and given by homeBody (i) to you by email and (ii) by posting to the Site via the Application. Fore notices made by email, the date of receipt will be deemed the date on which notice is transmitted.
If you have any questions concerning these Terms or other homeBody policies, please contact us.