Terms & Conditions
Last updated Sept 4, 2024
1. Introduction
Welcome to Rhome! These Terms and Conditions ("Terms") govern your access to and use of the Rhome platform, including our website, mobile applications, and any services provided by Rhome (collectively, the "Services"). By using the Services, you agree to these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not use the Services. These Terms form a binding legal agreement between you and Rhome Exchange, Inc. ("Rhome," "we," or "us").
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
2. Definitions
- "Co-Owner" refers to any user who has purchased a share in a property through the Rhome platform.
- "Property" means any real estate property listed or made available through the Services for co-ownership.
- "User Content" means any content, including but not limited to text, images, videos, or other materials, that users submit, post, or transmit through the Services.
- "Rhome Content" means all content that Rhome makes available through the Services, including any content licensed from a third party.
3. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements. If you are accessing the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
4. Account Registration and Security
4.1. Account Creation: To access certain features of the Services, you must register for an account. When registering, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials.
4.2. Account Security: You agree to notify us immediately of any unauthorized use of your account or other security breaches. You are fully responsible for all activities that occur under your account.
4.3. One Account Per User: You may not create or use more than one account. You may not allow others to use your account or transfer your account to anyone else.
4.4. Account Verification: We may require additional information to verify your identity or address at any time. Failure to provide this information may result in limited access to or suspension of your account.
5. Service Terms
5.1. Service Modifications: Rhome reserves the right to modify, suspend, or discontinue any aspect of the Services at any time. We will notify users in advance if changes affect your account or usage.
5.2. Service Availability: We strive to ensure the availability of the platform but do not guarantee uninterrupted or error-free access. Maintenance or technical issues may impact service availability.
5.3. Use of Affiliated Rhome Real Estate Agents: By using the Rhome platform to purchase a property that will be onboarded onto the Rhome platform, you agree that all such purchases must be completed with the assistance of a Rhome-affiliated real estate buyer agent. This requirement applies solely to the purchase of properties that are intended to be part of the Rhome co-ownership model. You are free to search for listings and browse properties on the Rhome platform without engaging a Rhome agent, but any transaction to onboard a property onto the platform must be conducted through an affiliated Rhome buyer agent.
5.4. Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in your use of the Services.
5.5. Taxes: You are solely responsible for any taxes and fees associated with your use of the Services or purchase of property shares, including any applicable sales, use, property, or income taxes.
6. Property Co-Ownership
6.1. Co-Ownership Structure: By purchasing a property through the Rhome platform, you are entering into a co-ownership arrangement under a legal ownership structure. Rhome will manage the legal ownership structure on behalf of the co-owners of the property. All legal and financial responsibilities for the property will be conducted through this legal ownership structure, governed by the terms outlined in the applicable agreements provided during the co-ownership process.
6.2. Awareness of Future Agreements: You acknowledge that your participation in the co-ownership structure on the Rhome platform will require you to adhere to specific contracts, agreements, and terms that detail the roles, responsibilities, and obligations of co-owners. These agreements will be provided to you during the process of finalizing your co-ownership, and you must agree to these in order to fully participate in the co-ownership model facilitated by Rhome.
6.3. Rules and Regulations of Rhome: As a member of the Rhome platform, you agree to comply with all rules and regulations that govern your use of the platform and your participation in the co-ownership structure. These rules may include, but are not limited to, property usage guidelines, payment schedules, and co-owner behavior expectations. Rhome reserves the right to update these rules and regulations as necessary, and your continued use of the platform constitutes acceptance of any updates.
6.4. Penalties for Breach: Any violation of the rules and regulations of the Rhome platform may result in penalties, including fines, temporary suspension, or in severe cases, removal from the platform and the co-ownership arrangement. You agree that Rhome has the sole discretion to enforce these penalties in the event of a breach.
6.5. Property Usage: Co-owners agree to use the property in accordance with all applicable laws, regulations, and homeowners' association rules. Any damage caused by a co-owner or their guests will be the responsibility of that co-owner.
6.6. Resale and Transfer of Ownership: The resale or transfer of your ownership share is subject to the terms outlined in the Co-Ownership Agreement. Rhome reserves the right to approve or deny any transfer requests based on criteria outlined in the agreement.
6.7. Property Decisions: Certain decisions regarding the property may require a vote of the co-owners, as outlined in the Co-Ownership Agreement. You agree to participate in such votes in good faith and abide by the results.
6.8. Non-Smoking Policy: You acknowledge and agree that Rhome is a non-smoking platform. All co-owners must adhere to the non-smoking policy at all times, without exception. Violation of this policy will result in a minimum $1,000 fine per instance, with the possibility of removal from the co-ownership arrangement and the Rhome platform.
6.9. Rhomeowner Oath: As a Rhomeowner, you agree to abide by the following oath:
Rhomeowner Oath
As a Rhomeowner, I solemnly pledge to uphold the values of dignity, respect, and courtesy in all my interactions with fellow co-owners and roommates. I commit to:
- Treating Others with Respect: I will treat my roommates and co-owners with the same respect and consideration that I wish to receive, fostering a harmonious and supportive living environment.
- Practicing the Golden Rule: I will strive to treat others as I would like to be treated, ensuring fairness, kindness, and empathy in all my actions and decisions.
- Promoting Inclusivity and Understanding: I will embrace diversity and inclusivity, recognizing the unique perspectives and contributions of each individual in our community.
- Resolving Conflicts Peacefully: I will address any disagreements or conflicts with patience and understanding, seeking amicable resolutions that respect the dignity of all parties involved.
- Contributing to a Positive Community: I will actively contribute to a positive and welcoming atmosphere, encouraging open communication and mutual support among all Rhomeowners.
By adhering to this oath, I commit to building a community where shared ownership and mutual growth are the foundations of every home.
7. Co-Ownership Support Services
7.1. Scope of Services: Rhome may help plan or coordinate certain support services for co-owned properties, which may include assistance with maintenance planning, cleaning scheduling, repair coordination, and financial guidance. The specific services that may be facilitated are outlined in the Co-Ownership Agreement. Rhome is not required to provide these services directly and does not assume responsibility for the performance of these services.
7.2. Access to Property: You agree to provide Rhome and its authorized representatives access to the property as necessary to facilitate or coordinate support services. Rhome will provide proper notice prior to requesting any access to the property, except in cases of emergency.
7.3. Maintenance and Repairs: You agree to promptly report any issues or necessary repairs to Rhome. Rhome may assist in coordinating responses to these reports but is not directly responsible for performing maintenance or repairs.
7.4. Support Service Fees: Fees for co-ownership support services are outlined in the Co-Ownership Agreement and may be adjusted from time to time with notice to co-owners. These fees are separate from and in addition to any co-ownership fees.
7.5. Third-Party Service Providers: Rhome may engage third-party providers to perform certain services related to property co-ownership. You agree that Rhome is not responsible for the actions or omissions of these third-party providers.
8. Fees and Payment
8.1. Payment Terms: By using the Services, you agree to pay all fees associated with property transactions, co-ownership services, and any other applicable fees. Payments will be processed in accordance with our payment policy, available on the Rhome website.
8.2. Refunds: All payments made to Rhome are non-refundable unless otherwise specified in specific contractual terms.
8.3. Late Payments: Late payments may be subject to fees and interest as outlined in the Co-Ownership Agreement. Persistent late payments may result in the loss of your ownership share.
8.4. Payment Processing: Payments are processed through third-party payment processors. You agree to comply with the terms of service of any such payment processors.
8.5. Recurring Payments: By agreeing to these Terms, you authorize Rhome to charge your chosen payment method for recurring fees associated with your co-ownership and co-ownership support services.
9. Privacy and Data Usage
We collect and process your personal data as described in our Privacy Policy. By using the Services, you consent to the collection, processing, and sharing of your information as described therein.
9.1. Data Security: We implement reasonable security measures to protect your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data.
9.2. Data Retention: We retain your personal information for as long as necessary to fulfill the purposes outlined in our Privacy Policy, unless a longer retention period is required or permitted by law.
9.3. Third-Party Data Sharing: We may share your data with third parties as outlined in our Privacy Policy. This may include sharing information with other co-owners, co-ownership support managers, or service providers necessary for the operation of the Services.
10. User Conduct
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not:
10.1. Use the Services in any way that violates any applicable law or regulation.
10.2. Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
10.3. Post, upload, or share any content that is defamatory, obscene, fraudulent, or harmful.
10.4. Interfere with the proper functioning of the Services, including introducing viruses, malware, or other harmful code.
10.5. Attempt to gain unauthorized access to the Services or accounts of other users.
10.6. Use the Services for any commercial purpose without our prior written consent.
10.7. Harass, abuse, or harm another person through your use of the Services.
10.8. Impersonate or attempt to impersonate Rhome, a Rhome employee, another user, or any other person or entity.
10.9. Engage in any automated use of the Services, such as using scripts to send comments or messages.
11. Intellectual Property Rights
11.1. Ownership: All content on the Services, including text, graphics, logos, images, software, and other materials, is owned or licensed by Rhome and is protected by copyright, trademark, and other intellectual property laws.
11.2. License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial use. Any unauthorized use of the Services or content may result in termination of your access.
11.3. Trademarks: The Rhome name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Rhome or its affiliates or licensors. You must not use such marks without the prior written permission of Rhome.
11.4. Feedback: Any feedback, comments, or suggestions you may provide regarding Rhome or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
12. Content and User Submissions
12.1. User Content: You retain all ownership rights in your User Content. By submitting User Content to the Services, you grant Rhome a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Rhome's business.
12.2. Content Restrictions: You agree not to submit any User Content that:
a) Infringes any intellectual property or other proprietary rights of any party; b) Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware; c) Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; d) Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws; e) Is sexually explicit, pornographic, or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
12.3. Content Monitoring: Rhome has the right, but not the obligation, to monitor and edit or remove any User Content. Rhome takes no responsibility and assumes no liability for any User Content posted by you or any third party.
13. Disclaimers and Limitations of Liability
13.1. No Warranties: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RHOME MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, OR AVAILABILITY.
13.2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, RHOME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.
13.3. Cap on Liability: RHOME'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE 12 MONTHS PRIOR TO BRINGING THE CLAIM.
13.4. Real Estate Disclaimer: RHOME IS NOT A REAL ESTATE BROKER, MORTGAGE BROKER, MORTGAGE LENDER, ATTORNEY, ACCOUNTANT, OR FINANCIAL ADVISOR. THE SERVICES ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE THAT ANY REAL ESTATE OR FINANCIAL DECISIONS YOU MAKE ARE YOURS ALONE, AND YOU AGREE TO CONSULT WITH QUALIFIED PROFESSIONALS BEFORE MAKING ANY SUCH DECISIONS.
13.5. Investment Disclaimer: INVESTING IN REAL ESTATE INVOLVES RISKS, INCLUDING THE POTENTIAL LOSS OF PRINCIPAL. PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. RHOME DOES NOT PROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS.
14. Indemnification
You agree to defend, indemnify, and hold harmless Rhome, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
15. Third-Party Links and Services
The Services may contain links to third-party websites or services. These links are provided for your convenience only. Rhome does not endorse or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. You access and use such websites or services solely at your own risk.
16. Termination
16.1. By You: You may terminate your account at any time by contacting us. Upon termination, your right to use the Services will cease immediately.
16.2. By Us: We may suspend or terminate your access to the Services, at our sole discretion, for any reason, including if you violate these Terms. In the event of termination, you remain bound by all applicable provisions of these Terms, including those relating to ownership, disclaimers, and limitation of liability.
16.3. Effect of Termination: Upon termination of your account: a) You will no longer have access to the Services; b) Rhome may delete or retain your User Content at its discretion; c) Any outstanding payments or obligations you have to Rhome or other co-owners will remain due and payable; d) Sections of these Terms that, by their nature, should survive termination will remain in full force and effect.
16.4. Co-Ownership Termination: Termination of your Rhome account does not automatically terminate your co-ownership interests. The process for exiting a co-ownership arrangement is governed by the Co-Ownership Agreement.
17. Dispute Resolution and Arbitration
17.1. Binding Arbitration: Any dispute or claim arising from or related to these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California, unless you and Rhome agree otherwise.
17.2. Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis, and not as a part of a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Rhome waive any right to a jury trial.
17.3. Exception for Small Claims Court: Notwithstanding the foregoing, either party may bring an individual action in small claims court.
17.4. Arbitrator's Powers: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable.
17.5. Costs of Arbitration: The costs of arbitration will be shared equally between you and Rhome, unless the arbitrator determines otherwise.
18. Changes to the Terms
We reserve the right to modify these Terms at any time. We will notify you of any significant changes by posting the updated Terms on our website and updating the "Effective Date" at the top of this page. Your continued use of the Services after the changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the modified terms, you should discontinue your use of the Services.
19. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state or federal courts located in the State of Delaware, except as required by the binding arbitration clause above.
20. Miscellaneous Provisions
20.1. Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Rhome concerning the Services.
20.2. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
20.3. Waiver: The failure of Rhome to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
20.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Rhome's prior written consent. Rhome may freely assign or transfer these Terms without restriction.
20.5. Notices: Any notices or other communications provided by Rhome under these Terms will be given by posting to the Services or by email to the address you provide to Rhome.
20.6. Force Majeure: Rhome shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
20.7. No Agency: No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Rhome in any respect whatsoever.
20.8. Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.
21. Contact Information
If you have any questions or concerns about these Terms or the Services, please contact us at:
Email: legal@rhome.com
Rhome Exchange Inc. is a Delaware corporation.
By using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.