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Term Of Use

By using this Site you accept and agree to be bound by these Terms of Use (the “Terms”). This is important—these Terms are a binding legal agreement between you and ElaraOne Houses, Inc. and its affiliated companies (collectively, “ElaraOne,” “we,” “us,” or “our”) providing the terms and conditions for your use of our Services. By “Services,” we mean all the products and services owned, operated and offered by ElaraOne, including the content, features, data, and software made available through ElaraOne’s website (the “Site”), our mobile applications, and other websites or applications we operate.You are only allowed to use the Services if you can enter into a binding contract with ElaraOne. By using the Services, or by installing, copying, or otherwise using the Services, you agree to be bound by these Terms. This Agreement contains warranty and liability disclaimers. If you do not agree to these Terms, do not use this Site or the Services and exit now.We may modify this Agreement from time to time and will post the amended agreement on the Site. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted.

Restrictions

You agree not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Content or the Services, including any underlying code. You agree not to use the Services in any way that is unlawful, or harms ElaraOne, its service providers, property managers, suppliers or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, multi-level marketing, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation another person or entity.We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete.You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately of any unauthorized use of your account.Except as expressly stated herein, these Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Site, application, or service any data or content available through the Services. Manual and automated queries, software, devices or other processes (including screen and database scraping, spiders, robots, crawlers, intelligence agents or any other means to extract pricing, product, service or other data from the Services) are strictly prohibited on the Services, unless you have received express written permission from ElaraOne.

Each home on ElaraOne’s Site has an estimated monthly lease amount (a “ElaraOne Estimate”) from ElaraOne. The ElaraOne Estimate was calculated using publicly-available information and ElaraOne’s proprietary valuation model built by our in-house team of professionals. It typically takes into account hundreds of data sets related to the home and its location. The ElaraOne estimate is not an offer to lease the home at a specific price. It is merely an invitation for you to request a contingent lease agreement with respect to that home.

Each home on ElaraOne’s Site has been hand-selected from information on the RealTracs/MLS system based on a proprietary algorithm that suggests houses to ElaraOne, built and monitored by our in-house team of professionals. These properties have been neutrally selected based on size, construction date, floorplan information, neighborhood amenities, location, and price, among other factors. ElaraOne is not offering to sell and is not a broker. ElaraOne has identified homes that it is willing to purchase for the purpose of renting to a residential tenant.

Contingent Leases

Unless expressly disclosed, ElaraOne does not own any of the homes listed on the Site. These homes are listed for sale by third parties. Both you and ElaraOne acknowledge that any Lease Agreement will be terminated if ElaraOne is unable to acquire fee simple interest in the property, for any or no reason.

Software

The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (the “EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then ElaraOne grants to you a non-exclusive, revocable, personal, non-transferable license to use software solely in connection with the Services and in accordance with these Terms.

Certain services offered on this Site are actually offered by parties other than ElaraOne. In these situations, that third party will have access to data collected as part of the Services, and you are asked to review the Terms and the privacy policy of the relevant third party before using its services. Such third-party service providers may share the information they collected with us.

All content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of ElaraOne (collectively, our “Content”). ElaraOne grants to you a limited, non-exclusive, non-transferable license to access and use the Content and our Services in accordance with the terms and conditions set forth in this Agreement. ElaraOne reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Content and Services not specifically permitted under this Agreement is strictly prohibited.The Content, the Services and any software used in connection with providing the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The Content contained on this Site, such as copyrights, trademarks, trade dress, trade names, logos, design, text, data compilations, search results, graphics, images, pictures, audio or video media files and other files and service marks (collectively, the "Intellectual Property"), are proprietary property of ElaraOne or its licensors and third party content providers and are protected by U.S. and international intellectual property laws. You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.

DMCA Notice

You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to: ElaraOne Legal Contact for Website Notices, Alex Pane, 2416 21st Ave. S. Ste. 303, Nashville, TN 37212 or alex@dhnashville.com

Mobile Access

When you use your mobile device to electronically unlock a ElaraOne home or to access ElaraOne’s mobile app, you authorize your wireless carrier to disclose information about your wireless carrier account, such as subscriber status, payment method and device details, if available (the “Mobile ID Data”). In addition, when you access the Services through a mobile device to electronically unlock our properties, you may be prompted to share additional identification information. By sharing such information, you authorize our third-party identity verification service provider to collect the data in accordance with its privacy policy, and you authorize us to receive such information (collectively, the “Verification Information”) from such service provider. As discussed in our Privacy Policy, we only use the Mobile ID Data and Verification Information for lawful purposes, including identity verification, security and fraud avoidance.

If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.If you provide, or have provided, a telephone number or email address to us, you expressly agree that we may contact you at that number or address in order to provide you with informational and service messages, including via text message or email. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. You can opt-out of emails by clicking “UNSUBSCRIBE”. You represent and warrant that you are the authorized subscriber for the telephone number(s) and/or email addresses you have provided. Please be aware that we may record or monitor telephone calls for quality assurance.

The Services, the Content and this Site are approved "as is, where is" as an accommodation without warranty of any kind and without representation regarding the accuracy or currency of any information on this Site. All use is at your sole risk. ElaraOne 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 ElaraOne, 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 Services. Your sole remedy in the event of any deficiency or error shall be to request that ElaraOne correct the matter or, if ElaraOne fails to do so, for you to discontinue use of the Services.ADDITIONALLY, YOU VISIT ElaraOne’s REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE “PREMISES”) AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE PREMISES.

You agree to defend, indemnify, and hold ElaraOne 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 your use of the Site or the Services, including, without limitation, any actual or threatened suit, demand, or claim made against ElaraOne arising out of or relating to the Services, the Content, your conduct, your violation of these Terms, or your violation of the rights of any third party.

You acknowledge and agree that ElaraOne is not engaged in rendering legal, tax or other professional services. If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.

Regardless of any statute to the contrary, any claim or cause of action arising out of or related to your use of the Services or access to the Content 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. You accept sole responsibility for any use of internet facilities conducted or permitted by you or your agents; 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, employees, or other users or accesses.

You release ElaraOne, its affiliates, and their respective, directors, officers, employees, and agents from all liability to any and claims and demands you may assert against any third party arising out of the Services.

ElaraOne is an Equal Housing Opportunity company, which means ElaraOne (as well as all of its affiliated entities and employees) complies with the Fair Housing Act and other applicable federal, state and local anti-housing discrimination laws. The Fair Housing Act prohibits discrimination in housing because of race, color, national origin, religion, sex, disability and familial status. All properties acquired by ElaraOne as rental properties identified in this Site are subject to the Fair Housing Act and its state law counterparts. ElaraOne 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.

Any claim or dispute arising out of or relating to these Terms or the Services will be settled by binding arbitration before a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Davidson County, Tennessee, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either ElaraOne or you may by motion seek any interim or preliminary relief from a court of competent jurisdiction in Davidson County, Tennessee, as necessary to protect the rights or property of the moving party.

These Terms are governed by the laws of the State of Tennessee without regard to its conflict of law provisions.

The headings in these Terms are used solely for the convenience of the parties and have no legal or contractual significance. ElaraOne may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms and any effort to do so is hereby rendered null and void. Except as expressly stated herein, these Terms represent the entire agreement between you and ElaraOne with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and ElaraOne with respect to the Services.

Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by ElaraOne of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of ElaraOne.If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

These Terms became effective on December 9, 2019.