HOMITAT is offering this app and our other Services to use for your own personal use without cost and is committed to ensuring that the app is as useful and efficient as possible during your home buying or renting process. We reserve the right to make changes to the app, our Services or our Services' cost at any time and for any reason in order to continue maximizing the user experience.
Restrictions and Other Terms
By downloading our app or using our Services, you are not allowed to copy or modify the Services or any part of the Services or our intellectual property in any way. You are not allowed to extract the source code of the Services and are prohibited from making derivative versions or translating the Services into other languages. Our Services and all of our trademarks, copyright, database rights and other intellectual property rights related to the foregoing solely belong to HOMITAT.
You should be aware that HOMITAT will not take responsibility for certain functions of the app or Services if you do not have an active Internet connection. The connection may be provided by your mobile network provider, via Wi-Fi or other service provider, but HOMITAT will not be responsible for the app or our Services not working at full functionality if you do not have access to the internet or Wi-Fi, or if you have exceeded your data allowance under your mobile network, internet or other service provider.
If you use the app or Services outside of an area with Wi-Fi, the terms of your mobile, Internet or other service provider will still apply. You should therefore check with your service provider about the cost of data that you may be charged during this period of connection while accessing the app and/or our Services. By using our app and/or Services, you acknowledge that you are responsible for any such charges, including roaming data charges if you use the app outside of your home territory in the event you do not turn off data roaming. HOMITAT also cannot take responsibility for the manner in which you use our app and/or Services.
Google Maps and Other Third Party Providers
HOMITAT uses advertising and its business is funded primarily through such advertising vendors. You acknowledge and agree that our Services include advertisements, which are necessary to provide our Services. In order to make the advertisements relevant and useful to the user, we store user preferences and searched addresses that you select in our databases through the use of our Services.
Information Provided to Us
In using our Services, you may be required to provide information about yourself including your name, email address, work address, and other personal information. You agree to provide accurate and complete information regarding any account registration. You also agree not to impersonate someone else or provide account information other than your own. You shall not use this site for any illegal or unauthorized purpose. You may not share your registered account with others. You are fully responsible for all actions taken with respect to your account.
Linked Materials and Third Party Materials
As part of HOMITAT's Services, we may provide links to and from other websites and/or applications. Some links may be in the form of display advertising. HOMITAT does not endorse, nor do we take any responsibility for any products and services, websites and other materials. You acknowledge that we have no obligation to, and do not approve or monitor materials, nor do we guarantee the accuracy of any data provided by third parties through the Services. Any dealings you have with third parties through use of our Services are solely between you and such third party. We are not responsible for any damages or costs arising out of your connection with these third parties.
We try to be as clear as possible in explaining our Services. However, HOMITAT makes no representations or warranties that the materials or data derived from our custom algorithm or from our third-party providers are accurate, complete, or free from error. Therefore, we disclaim any and all liability for any inaccuracy, incompleteness or error within such materials or data. And, we may correct errors in pricing and descriptions from time to time. Any representations or warranties that might otherwise be implied are expressly disclaimed. The custom score provided should not be the exclusive information used upon which to base your home buying or rental decision. Our Services are provided "AS IS", without warranty of any kind. Please also see our detailed disclaimer of warranties below.
Limitation of Liability; Exclusive Remedy
Choice of Law; Disputes
Our Role; Disclaimer
HOMITAT is not a real estate broker or real estate agent, nor does it participate in the brokerage of real estate or mortgage transactions of any kind. Our Services assist potential homebuyers and renters so that they may identify homes that fit their user criteria. We do not sell, purchase, rent or deal in the negotiation of homes for sale, purchase or rent. Our business model includes vendor advertising. We do direct advertisements that can assist the user with their home search based on their user preferences stored through our Services.
Our links can be accessed at: http://www.homitat.com/termsofuse.html and http://www.homitat.com/privacypolicy.html
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF HOMITAT'S MOBILE APPLICATION AND SERVICES, INCLUDING BUT NOT LIMITED TO HOMITAT'S MOBILE APPLICATION, WEBSITE, DATABASE, HOMITAT SCORE, CUSTOM SCORING ALGORITHM, AND/OR E-MAIL PROPERTIES, IS AT YOUR SOLE RISK. HOMITAT'S CONTENT IS PROVIDED ON AN 'AS IS' BASIS AND HOMITAT MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOMITAT DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NO ADVICE, RECOMMENDATION, OPINION, OR OTHER INFORMATION OBTAINED THROUGH HOMITAT'S MOBILE APPLICATION, WEBSITE, DATABASE AND/OR E-MAIL PROPERTIES, ORALLY OR IN ANY MEDIA OR FORMAT, SHALL CREATE ANY WARRANTY FROM HOMITAT NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS OTHERWISE STATED, HOMITAT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON HOMITAT'S MOBILE APPLCATION, WEBSITE, DATABASE, AND/OR E-MAIL PROPERTIES, OR ANY OTHER WEBSITE LINKED TO HOMITAT'S DATABASES.
HOMITAT FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION MADE AVAILABLE TO USERS OF THE HOMITAT'S SERVICES THROUGH ANY HOMITAT PROPERTIES, INCLUDING BUT NOT LIMITED TO E-MAILS OR NEWSLETTERS AND THEIR CONTENTS, INCLUDING EXPRESS WARRANTIES, STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOMITAT DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
HOMITAT DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY THIRD-PARTY DATA USED IN OUR CUSTOM SCORING ALGORITHM OR WITH REGARD TO ANY THIRD-PARTY INFORMATION DISPLAYING HOMITAT MARKS, INCLUDING BUT NOT LIMITED TO THE HOMITAT VERIFIED TRADEMARK, OR IN ANY MARKETING MATERIALS, INCLUDING EXPRESS WARRANTIES, STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOMITAT DISCLAIMS ANY WARRANTY THAT THE SERVICES RELATED TO ANY THIRD-PARTY DATA WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
HOMITAT AND ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, UNDER ANY LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER HOMITAT WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, HOMITAT'S LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES' LAWS.
Last modified February 26, 2016