General


HOMITAT LLC ("HOMITAT," "Company" or "we", "us" or "our") makes home buying and renting decisions simple and fact-based. Our unique 'home in' score tells you if a prospective home meets your unique needs. HOMITAT takes away the guesswork and saves time for homebuyers and renters by allowing users to define their unique preferences, compare multiple homes, and score and rank those homes according to their specific needs. By using HOMITAT's mobile application ("app"), our website at homitat.com, and/or other related services (collectively known as "Service" or "Services"), you agree to be bound by the following terms of use, which may be updated from time to time ("Terms of Use"). If you do not agree with our Terms of Use, you should not use HOMITAT's Services. At the bottom of these Terms of Use, you will find links to our Privacy Policy and Disclaimer for our Services, which are relevant to your use of our Services.

Permissible Use


You must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. Anyone under the age of 18 is prohibited from using HOMITAT's app and Services.

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.

The app is currently available on Android and iOS. We reserve the right to update the app and our other Services at any time without providing notice to you. The requirements for both systems and/or for any additional systems we decide to extend the availability of the app or our Services to may change. You may need to download the system updates in order to continue using the app or Services. HOMITAT does not guarantee that it will always update its Services so that it is relevant to you and/or the version of Android or iOS that you have installed on your device. By agreeing to these Terms of Use, you acknowledge that you will accept updates to the app and/or Services when offered to you. In the event HOMITAT ceases to provide the app and/or Services, it may do so at any given time without providing notice of termination to you.

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 third party APIs including, but not limited to, Google Maps, Google Places, Great Schools, Walk Score, Crime Score, etc. to retrieve data to help build your HOMITAT score. This list of APIs and/or third party providers may change over time and is not all-inclusive. Use of such third party provider information is subject to their terms of use. Use of Google Maps and Google Places is subject to Google's Terms of Use

Advertising


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.

Privacy


Your privacy is important to us. Our use of your information is governed by our Privacy Policy. Read it carefully since it describes how we collect and use information we obtain from you.

Intellectual Property


Copyright in the content of our Services and all database rights in our Services (collectively, the "Content") are owned by HOMITAT or its licensors and are legally protected under intellectual property laws. The modification, copying, distribution or incorporation into any other work of part or all of the Services or its Content in any form is prohibited. HOMITAT owns all product names, names of its Services, trademarks and service marks ("Marks"). Such Marks may not be used for any purpose whatsoever other than as permitted by these Terms of Use. All rights are reserved.

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.

No Warranty


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


In no event will HOMITAT be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from these Terms of Use or your use of the Services. Excluding damages set forth in this paragraph is independent of your exclusive remedy set forth below and shall survive in the event such remedy fails of its essential purposes or is otherwise deemed unenforceable. These limitations and exclusions apply whether arising from breach of contract, breach of warranty, negligence or any other cause of action, to the extent that such limitations and exclusions are not prohibited by applicable law. If you do not agree with any portion of these Terms of Use, your sole and exclusive remedy is to discontinue using our Services.

Choice of Law; Disputes


These Terms of Use are governed by the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions. You agree to consent to the exclusive jurisdiction and venue in Fairfax County, Virginia, or, if appropriate, in a Federal court located in the Eastern District of Virginia in Alexandria, Virginia, for any and all disputes, claims and actions arising from or in connection with the app or Services and/or these Terms of Use.

Indemnification


You agree to defend and hold HOMITAT, its directors, officers, members, employees, agents, and other representatives harmless from any and all claims and demands made by any third party due to or arising from your breach of these Terms of Use, your use of our Services, your violation of any law or the rights of any third party, or any information provided through your account on our Services.

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.

Severance; Waiver


If any provision of our Terms of Use is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our Terms of Use, which shall remain in full force and effect. No waiver of any term of our Terms of Use shall be deemed a continuing waiver of such term or any other term.

HOMITAT Links


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