ALL MATERIAL PRESENTED HEREIN IS INTENDED FOR INFORMATION PURPOSES ONLY. WHILE THIS INFORMATION IS BELIEVED TO BE CORRECT, IT IS REPRESENTED SUBJECT TO ERRORS, OMISSIONS, CHANGES OR WITHDRAWAL WITHOUT NOTICE. ALL PROPERTY INFORMATION, INCLUDING, BUT NOT LIMITED TO SQUARE FOOTAGE, ROOM COUNT, NUMBER OF BEDROOMS AND THE SCHOOL DISTRICT IN PROPERTY LISTINGS SHOULD BE VERIFIED BY YOUR OWN ATTORNEY, ARCHITECT OR ZONING EXPERT. THE SOURCE OF THE DISPLAYED DATA IS EITHER THE PROPERTY OWNER OR PUBLIC RECORD PROVIDED BY NON-GOVERNMENTAL THIRD PARTIES. IT IS BELIEVED TO BE RELIABLE BUT NOT GUARANTEED. THIS INFORMATION IS PROVIDED EXCLUSIVELY FOR CONSUMERS' PERSONAL, NON-COMMERCIAL USE.
HOME0001 International Inc. is committed to equal housing opportunity, fair housing laws, New York Real Estate Standard Operating Procedures, and reasonable accommodations.
HOME0001 International, Inc., 48 Allen Street, New York, NY, 10002
Registered Agent: CORPORATION SERVICE COMPANY, 80 State St., Albany, NY 12207
Corporate Broker:
#10991239104
Marty Hanna
+1 (786) 863-3711
collective@home0001.com
II. Privacy Policy
III. Deposit Terms and Conditions
WEBSITE TERMS OF SERVICE
Please read these Terms of Service (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and HOME0001 International Inc. doing business as Home0001, a corporation incorporated under the laws of the state of New York with registered address at 80 State St., Albany, NY 12207 (collectively, “Home0001,” “we,” “our,” or “us”) and any corporation, partnership or other entity which directly or indirectly controls, or is controlled by, or is under common control with Home0001 (each such entity, an “Affiliate”) concerning your use of (including any access to) the Home0001 site currently located at www.Home0001.com (together with any materials and services available therein, and successor site(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Home0001 through the Site, including our Privacy Policy and Deposit Terms and Conditions, or any other terms and conditions otherwise made available to you by Home0001.
By using the Site, you affirm that you are of legal age to enter into this Agreement. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Site and to any such Organization.
This Agreement contains a mandatory arbitration provision that, as further set forth in Section 20 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings or class actions of any kind.
1. Changes
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, (a) modify or discontinue all or part of the Site (including access to the Site via any third-party links), (b) charge, modify or waive any fees required to use the Site, or (c) offer opportunities to some or all Site users.
2. Information Submitted Through the Site
Your submission of information through the Site is governed by Home0001’s Privacy Policy, located at www.home0001.com/legal/#privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.
3. Jurisdictional Issues
The Site is controlled or operated (or both) from the United States, and is not intended to subject Home0001 to any non-U.S. jurisdiction or law. We make no claims that the Site or any of its content is accessible or appropriate in non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Rules of Conduct
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site. In connection with the Site, you must not:
Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Site.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Site.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site, except as expressly authorized herein, without Home0001’s express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Site.
Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Home0001’s express prior written consent.
Systematically download and store Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Home0001’s express prior written consent.
5. Products
The Site may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Home0001 or by third parties, and may be made available for any purpose, including general information purposes. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount, or the option to reserve Products by paying a deposit) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
6. Transactions
We may make available the ability to “hold your spot” or reserve certain Products through the Site (a “Transaction”). If you initiate or make a Transaction, you hereby agree that such Transaction and any of your activities in connection therewith will be governed by the Deposit Terms and Conditions, located at www.home0001.com/legal/#deposit-terms. In connection with a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent and warrant that the applicable Products will be used only in a lawful manner.
Home0001 reserves the right, including without prior notice, to (a) limit the available quantity of or discontinue making available any Product, (b) to impose conditions on the honoring of any coupon, discount or similar promotion, (c) to bar any user from making any Transaction, and (d) to refuse to provide any user with any Product. Refunds and exchanges will be subject to Home0001’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm a Transaction by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
7. Registration; Usernames and Passwords
You may need to register to use all or part of the Site. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential. You acknowledge that your account is personal to you and agree not to provide any other person with access to all or part of the Site using your username or password. You, and not Home0001, are responsible for any use or misuse of your username or password. You agree to promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your Site account. We have the right to disable any username or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
8. Feedback
If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Home0001 under any fiduciary or other obligation. For clarity, we retain ownership of your Feedback. For each Feedback, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
9. License
You represent and warrant that you have all rights necessary to grant the licenses granted in this Agreement, and that any of your submissions to us, including Feedback or other content, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each submission to us, that you may have under any applicable law under any legal theory.
10. Monitoring and Enforcement
We may (but have no obligation to) monitor or analyze your access to or use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose. We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. You Waive and Hold Harmless Home0001 from any claims resulting from any action taken by Home0001 during, or taken as a consequence of, investigations by either Home0001 or law enforcement authorities.
Terminate or suspend your access to all or part of the Site for any or no reason, including for any violation of this Agreement.
11. Your Limited Rights
Subject to your compliance with this Agreement, and solely for so long as you are permitted by Home0001 to use the Site, you may view one copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
12. Home0001’s Proprietary Rights
We and our suppliers own the Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof), which is protected by intellectual property or proprietary rights and laws.
13. Trademarks
Our trade names, trademarks and service marks include Home0001 and any associated logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
14. Third Party Materials; Links
The Site may offer access to information, products, services and other materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. We neither control nor endorse, nor are we responsible for any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Home0001 with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
15. Promotions
Any reservations, deposits, sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
16. Disclaimer of Warranties
Your use of the Site, its content, and any services or items obtained through the Site is at your own risk. The Site and any Products and Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether expressed, implied or statutory. Home0001 disclaims all warranties with respect to the Site and any Products and Third Party Materials to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made on behalf of both Home0001 and its affiliates and their respective directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.
Without limiting the foregoing, neither Home0001 nor anyone associated with Home0001 guarantees that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, or that the Site or any services or items obtained through the Site will otherwise meet your needs or expectations. In addition, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at www.home0001.com/contact with a description of such alteration and its location on the Site.
17. Limitation of Liability
To the fullest extent permitted under applicable law, Home0001 will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, Home0001 will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any Products or Third Party Materials, including from any Virus that may be transmitted in connection therewith. Your sole and exclusive remedy for dissatisfaction with the Site or any Products or Third Party Materials is to stop using the Site. The maximum aggregate liability of Home0001 for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (x) ten (10) U.S. Dollars or (y) the total amount, if any, paid by you to Home0001 to use the Site. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Home0001 and the Affiliated Entities, and their respective successors and assigns.
18. Indemnity
You agree to defend, indemnify and hold harmless Home0001 and the Affiliated Entities, and their respective successors and assignees, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with the Site (including all submissions), and (b) any violation or alleged violation of this Agreement by you.
19. Termination
This Agreement is effective until terminated. Home0001 may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if Home0001 believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Home0001 may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2-5, 7-10, and 12–24 shall survive any expiration or termination of this Agreement.
20. Choice of Law; Arbitration
This Agreement is governed by and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the State of New York without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Home0001, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Home0001 and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
21. Information or Complaints
If you have a question or complaint regarding the Site, please send an e-mail to collective@Home0001.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Home0001 a written notice by mail, e-mail or fax, requesting that Home0001 remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Home0001 a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Notices and counter-notices must be sent in writing to Home0001 as follows: By mail to HOME0001 International Inc., Attn: DMCA Agent, 85 Delancey St, New York, NY 10002, United States; or by e-mail to collective@Home0001.com. You also may contact Home0001’s DMCA Agent at telephone number (917) 267-8926. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
23. Filtering
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Home0001 does not endorse any of the products or services listed on such site.
24. Miscellaneous
This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Home0001. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Home0001 relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Home0001 relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Home0001 will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
https://Home0001.com/ © 2023 HOME0001 International Inc. unless otherwise noted. All rights reserved.
PRIVACY POLICY
HOME0001 International Inc. [and its affiliates] ([collectively,] the “Company,” “we,” or “us”) is a distributed housing collective. We sell fully furnished homes to buyers who become members of the Home0001 community (“Home0001 members”), and we facilitate the sharing of homes between Home0001 members. We guide you through the purchase process, from choosing the right home, to obtaining financing, to handing over the keys.
We want you to be familiar with how we collect, use and disclose information in the context of our activities. This Privacy Policy describes our practices in connection with our online and offline collection and use of information, including information that identifies you as an individual or relates to you as an identifiable individual (“Personal Information”). For example, we collect your Personal Information if you:
Express interest in becoming an Home0001 member;
Purchase or sell a 0001 home;
Visit or engage with us on Websites operated by us that link to this Privacy Policy (the “Websites”); or
Otherwise communicate with us online (e.g., through email messages) or offline in person.
PERSONAL INFORMATION
We collect Personal Information, including:
Name
First name, last name, prefix, title
Contact details
Postal address (including billing and shipping addresses), phone number, email address
Purchase and sale detail
Purchased homes and price of purchased homes.
Stay details
Dates of your stays at a 0001 home, costs of your stays, location of your stays.
Membership details
Start date of membership, duration of membership.
Payment details
Payment card data, value of payment, purpose of payment.
Marketing data
Communication method preferences, preferences for receiving marketing-related information, inclusion on subscribers’ or opt-out lists, where relevant.
Interests and preferences
Interests in specific homes or categories of homes.
Online services data
IP address, browsing history, browser and device information, approximate location, and other information collected through cookies, pixel tags and other technologies.
Collection of Personal Information
We and our service providers collect Personal Information in a variety of ways, including:
From you.
You may provide us with Personal Information, for example when you subscribe for a newsletter, purchase a home or otherwise engage with us.
Through the Websites.
We collect Personal Information through the Websites, as described in our “Other Information” section below.
From other sources.
We receive your Personal Information from other sources, for example: We may receive personal information from mortgage brokers or referrals from third parties.
We need to collect Personal Information in order to provide the requested services to you. If you do not provide the information requested, we may not be able to provide our services. If you disclose any Personal Information relating to other people to us or to our service providers in connection with our activities, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
Use of Personal Information
We and our service providers use Personal Information for the following purposes:
1. Provide our services
Example of Processing Activity:
Communicate with you regarding the potential purchase of a home.
Process your purchase of a home.
Intermediate between you and a mortgage broker.
Facilitate and enable the transfer of a home to you, complete the transaction and verify your information.
Facilitate the sharing of 0001 homes.
Categories of Personal Information:
Name, Contact details, Interests and preferences, Purchase details, Payment details, Membership details, Stay details, Marketing data.
We will also ask you to put down a deposit to be included on our waitlist. We will process payment details for this purpose.Legal Basis:
We will engage in these activities to manage our contractual relationship with you (including on the basis of the membership contract and the purchase contract) or to comply with a legal obligation, for example, relating to financial transactions, such as the obligation to maintain books and records.
2. Manage your membership
Example of Processing Activity:
Contact you about your membership.
Send administrative information to you, such as changes to our terms, conditions, and policies.
Respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints.
Provide you with membership service.
Categories of Personal Information:Name, Contact details, Interests and preferences, Purchase details, Payment details, Membership details, Stay details, Marketing data.
Legal Basis:We will engage in these activities to manage our contractual relationship with you or based on our legitimate interest.
3. Provide you with our newsletter and/or other marketing materials
Example of Processing Activity:Send you marketing related emails, with information about our services, new homes and other news about our company.Categories of Personal Information:Name, Contact details, Interests and preferences, Marketing data.
Legal Basis:We will engage in these activities with your consent, where required by applicable law, or based on our legitimate interest in promoting our company.
4. Analyze Personal Information for business reporting and providing personalized services
Example of Processing Activity:Better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
Categories of Personal Information:Interests and Preferences, Marketing data, Online services data, Purchase details, Stay details.
Legal Basis:We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.
5. Aggregating and/or anonymizing Personal Information
Example of Processing Activity:We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.
Categories of Personal Information:All Personal Information as relevant for the specific business purpose.
Legal Basis: We undertake these activities based on our legitimate interests, such as to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.
6. Fraud prevention and security
Example of Processing Activity:
Conduct audits, verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements.
Monitor for and prevent fraud.
Security purposes, including system security and on-site security of our premises.
Categories of Personal Information:Name, Contact details, Interests and preferences, Purchase details, Payment details, Membership details, Stay details, Marketing data.
Legal Basis:We undertake these activities based on our legitimate interests, such as identifying and/or preventing fraudulent transactions.
7. Legal and compliance
Example of Processing Activity:
Fulfill our legal and compliance-related obligations, including complying with applicable laws.
Comply with legal processes.
Respond to requests from public and government authorities.
Meet national security or law enforcement requirements.
Enforce our terms and conditions.
Protect our operations.
Protect the rights, privacy, or property of the Company.
Allow us to pursue available legal remedies, defend claims and limit the damages that the Company may sustain.
Categories of Personal Information:Personal Information as relevant for the specific legal action, regulatory investigation, and/or legal processes in question, which may include:Name, Contact details, Interests and preferences, Purchase details, Payment details, Membership details, Stay details, Marketing data.
Legal Basis:We undertake these activities based on a legal obligation or on our legitimate interest, such as defending our legal position.
8. Business transaction
Example of Processing Activity:
Facilitate a business transaction or sale.
Categories of Personal Information:All Personal Information as relevant for the specific transaction.
Legal Basis:We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
We disclose Personal Information:
To our affiliates for the purposes described in this Privacy Policy.
You can consult the list and location of our affiliates.
To our third party service providers, to facilitate services they provide to us.
These can include providers of services such as website hosting, data analysis, payment processing, fraud prevention, information technology and related infrastructure provision, customer service or related benefits (including special promotions), email delivery, auditing, and other services.
To other third parties.
These can include mortgage brokers to facilitate your purchase of a 0001 home, or our advisors such as lawyers, accountants, or tax advisors.
OTHER INFORMATION
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. We and our service providers may collect Other Information in a variety of ways, including:
Your browser or device.
Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version. We use this information to ensure that the Websites functions properly.
Cookies.
Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Websites, pages visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Websites in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Websites. We may also use cookies or other technologies in online advertising to track responses to our ads. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Websites. You also may not receive advertising or other offers from us that are relevant to your interests and needs.
Pixel tags and other similar technologies.
Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of our online services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the online services and response rates.
Analytics.
We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Websites and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Physical Location.
We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
Uses and Disclosures of Other Information
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
SECURITY
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information:
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. If you no longer want to receive marketing related emails from us on a going-forward basis, you may opt out by clicking the “Unsubscribe” link at the bottom of the email.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing related emails from us, we may still send you important administrative messages, from which you cannot opt out.
How you can access, change, or delete your Personal Information:
If you would like to request to access, correct, update, suppress, restrict, or delete Personal Information, object to or opt out of the processing of Personal Information, or if you would like to request to receive a copy of your Personal Information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), you may contact us in accordance with the “Contacting Us” section below. We will respond to your request consistent with applicable law.
In your request, please make clear what Personal Information you would like to have changed or whether you would like to have your Personal Information suppressed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion).
Individuals from the European Economic Area or the United Kingdom may lodge a complaint with (1) an EU/EEA data protection authority for their country or region where they have their habitual residence or place of work or where an alleged infringement of applicable data protection law occurs, or (2) the UK’s Information Commissioner. A list of EEA data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.
RETENTION PERIOD
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
The criteria used to determine our retention periods include:
The length of time we have an ongoing relationship with you, for example, for as long as you are an Home0001 member;
Whether there is a legal obligation to which we are subject, for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them; or
Whether retention is advisable in light of our legal position, such as in regard to applicable statutes of limitations, litigation or regulatory investigations.
THIRD PARTY SERVICES
This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Websites link. The inclusion of a link on the Websites does not imply endorsement of the linked site or service by us or by our affiliates.
THIRD PARTY ADVERTISING
We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Websites and other websites or online services. You may receive advertisements based on information relating to your access to and use of the Websites and other websites or online services on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.
If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/.
USE OF SERVICES BY MINORS
Our services and the Websites are not directed to individuals under the age of [eighteen (18)], and we do not knowingly collect Personal Information from individuals under 18.
JURISDICTION AND CROSS-BORDER TRANSFER
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.
Where this will involve transferring your Personal Information outside the UK and/or EEA, we rely on the following safeguards:
Adequacy Decisions: The UK Secretary of State and the European Commission have recognized certain countries as providing an adequate level of data protection, so that Personal Information can be transferred to those countries without additional safeguards. For transfers from the EEA, the full list of these countries is available here. For transfers from the UK, the full list of these countries is available here.
Standard Contractual Clauses: For transfers of Personal Information from the UK and/or EEA to [specify relevant third countries where personal information is transferred], which are not considered adequate as explained above, we have put in place standard contractual clauses to protect your Personal Information. You may obtain a copy of these measures by contacting us in accordance with the “Contacting Us” section below or by following this link.
SENSITIVE INFORMATION
Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Websites or otherwise to us.
THIRD PARTY PAYMENT SERVICE
The Websites may provide functionality allowing you to make payments to the Company using third-party payment services with which you have created your own account (e.g., Stripe). When you use such a service to make a payment to us, your Personal Information will be collected by such third party and not by us, and it will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use, and disclosure of your Personal Information.
UPDATES TO THIS PRIVACY POLICY
The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Websites.
DEPOSIT TERMS AND CONDITIONS
These Deposit Terms and Conditions (“Deposit Terms”) are a binding legal contract between you and HOME0001 International Inc. doing business as Home0001, a corporation incorporated under the laws of the state of New York with registered address at 80 State St., Albany, NY 12207 (collectively, “Home0001,” “we,” “our,” or “us”) and any corporation, partnership or other entity which directly or indirectly controls, or is controlled by, or is under common control with Home0001 (each such entity, an “Affiliate”). By clicking to accept or agree to these terms when this option is made available to you, you agree to be bound by these Deposit Terms.
1. Introduction
You are agreeing to these Deposit Terms to (a) secure your spot on the waitlist to purchase a 0001 home (“Waitlist Deposit”), or (b) place a reservation for a specific 0001 home (“Reservation Deposit”) (either a Waitlist Deposit or a Reservation Deposit, a “Deposit”). If you are unable to accept these Deposit Terms, you will not be able to make the Deposit. We may decline Deposits to avoid over-subscription or as we deem appropriate at our sole discretion. If your Deposit is declined, you will be notified, and your Deposit payment will be refunded.
Please note that these Deposit Terms only apply to the Deposit and are not applicable in the event you, in the future, finalize a purchase of a 0001 home. The final purchase of a 0001 home will be governed by a separate final sales agreement, which will include separate terms and conditions. Additionally, your relationship with Home0001 will be governed by a separate User Agreement. Additional payment for a 0001 home, including taxes and other governmental fees, will be required at that time.
2. Waitlist Deposit Terms
A Waitlist Deposit is a preliminary, non-binding order which entitles you to be a prioritized buyer when a 0001 home is available for sale in your chosen location. Home0001 may choose to take a Waitlist Deposit in the future, at Home0001’s discretion. Upon finalizing a Waitlist Deposit, you will be placed on the waitlist for any future drops of available 0001 homes. Home0001 will update you as homes become available.
The Waitlist Deposit is fully refundable to you should you choose to remove yourself from the waitlist. You may cancel your Waitlist Deposit and request a refund at any time by contacting Home0001 by following the instructions on www.home0001.com/contact. We reserve the right to cancel your Waitlist Deposit and issue a full refund of your Waitlist Deposit at any time. The Waitlist Deposit does not in any way confirm or guarantee you a right to purchase a 0001 home with priority over other customers.
3. Reservation Deposit Terms
A Reservation Deposit is an order to secure your reservation for a specific 0001 home. Should you be interested in purchasing a 0001 home available pursuant to a drop from Home0001, a complete Reservation Deposit secures your approximate priority in being invited to complete your purchase of such home. Home0001 will use reasonable efforts to invite you to finalize the purchase of the 0001 home when it is available for sale, and the Reservation Deposit will be a deposit towards payment for said 0001 home. If you do not complete the final purchase of said 0001 home within a reasonable period of time, we may extend an invitation to purchase said home to the next individual.
Upon receiving notice of an available 0001 home pursuant to a drop and your confirmation, in accordance with the policy and procedures identified and described in the Home0001 website, of your intent to purchase such property, Home0001 will assist you as the “Buyer” in its dual-agency capacity to its fullest extent to make the process as friendly and efficient as possible. You will be required to execute and return a Disclosure Regarding Real Estate Agency Relationship in connection with your Reservation Deposit.
You may cancel your reservation at any time by contacting Home0001 by following the instructions on www.home0001.com/contact. Please note that the Reservation Deposit is non-refundable upon any such cancellation. We reserve the right to cancel your Reservation Deposit and issue a full refund of your Reservation Deposit at any time. The Reservation Deposit does not in any way confirm or guarantee you a right to purchase a 0001 home.
4. No Obligations; Disclaimer of Warranties
You are under no obligation to purchase a 0001 home, and we are under no obligation to supply you with a 0001 home. These Deposit Terms do not constitute a purchase agreement or other order for the sale of a 0001 home to you.
Home0001 makes no representations as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including any features, specifications and prices contained therein) provided by Home0001 for 0001 homes in its digital channels. Such information and the availability of any 0001 home (including the option to reserve a spot on the waitlist or to secure approximate purchase priority by paying a Deposit) is subject to change at any time without notice.
5. Deposit Eligibility; Representations and Warranties
By agreeing to these Deposit Terms and placing a Deposit, you represent and warrant to us that (a) you are at least 18 years of age, (b) all information you provide is accurate, and (c) you understand that the specifications and availability of any 0001 homes are subject to change at Home0001’s discretion. It is your responsibility to keep all information you provide current at any time by following the instructions on www.home0001.com/contact. We shall not be liable for inaccurate or outdated information. You further represent and warrant that you are not a person, or acting on behalf of a person, designated on any sanctions list imposed by the UN, EU or US. If at any time these representations fail to be true, your Deposit and Membership will automatically terminate with immediate effect, without any liability to compensate you whatsoever. Furthermore, according to law, we may not be able to repay your Deposit Amount payment.
6. Deposit Payment
You will be charged the fee indicated (the “Deposit Amount”) when you place your Waitlist Deposit or Reservation Deposit, as applicable. Placing a Deposit constitutes your express agreement to be charged the Deposit Amount using your provided payment method.
You may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Deposit. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating such Deposit. Verification of information may be required prior to the acknowledgment or completion of any Deposit.
After you have finalized your Deposit, you will receive a receipt confirming that your Deposit has been received and completed (“Deposit Confirmation”). Please save the Deposit Confirmation as this will be used when you have the opportunity to purchase your 0001 home. If you do not receive the Deposit Confirmation within four (4) hours of completing the online process, please contact us by following the instructions on www.home0001.com/contact.
7. Acknowledgements
You understand that (a) Home0001 will not hold your Deposit separately or in an escrow or trust fund, and (b) Home0001 will not pay any interest on any Deposit except to the extent required by law.
8.Limitation of Liability
Except to the extent prohibited by applicable law, in no event will (a) Home0001 have any obligation or liability, whether arising in contract (including warranty), tort (including active, passive, or imputed negligence, strict liability, or product liability, but excluding willful misconduct) or otherwise, for any special, consequential, punitive, incidental, or indirect damages, or for loss of use, loss of revenue, loss of business, lost profit, costs of procurement of substitute goods, or other financial loss arising out of or in connection with any product or other goods or services furnished under these Deposit Terms or any other agreement signed by the parties, regardless of whether or not Home0001 was aware of the possibility of the same, and (b) Home0001’s aggregate liability in connection with these Deposit Terms or products exceed the total amounts actually received by Home0001 from you hereunder.
9. Force Majeure
Home0001’s obligations under these Deposit Terms will be suspended to the extent that it is wholly or partially precluded from complying with its obligations under these Deposit Terms by force majeure. Force majeure includes, but is not restricted to fire, storm, flood, Home0001quake, explosion, accident, act of the public enemy, war, rebellion, insurrection, sabotage, outbreak, epidemic, public health emergency, quarantine restriction, labor dispute, labor shortage, transportation embargo or failure, curtailment or delay in transportation, act of God, act (including laws, regulations, orders, advisories, disapprovals or failure to approve) of any government or public health agency or authority, whether national, statewide, municipal, or otherwise, or any other event or circumstance beyond Home0001’s reasonable control.
10. General
Privacy Policy and Terms of Service. The data Home0001 collects from you will be used in accordance with our Privacy Policy and Terms of Service, each of which is incorporated herein by reference and available on our website at www.home0001.com/legal/#privacy-policy and www.home0001.com/legal/#terms-of-service. Please read our Privacy Policy and Terms of Service carefully to understand the data that we collect and our practices regarding your information and how it will be treated. If you have questions, you may contact Home0001 by following the instructions on www.home0001.com/contact.
No Waiver; Amendments; Severability. The failure of Home0001 to enforce at any time or for any period of time any of the provisions of these Deposit Terms will not constitute a waiver of such provisions. No amendment, modification, or waiver of these Deposit Terms will be valid unless set forth in a written instrument signed by Home0001. In the event any one or more of the provisions contained in these Deposit Terms is deemed illegal or unenforceable, such provision (1) will be automatically construed and adjusted in a manner which enables it to be valid and enforced to the extent permitted by applicable law and which most nearly effects the parties’ intent in entering into these Deposit Terms, and (2) will not affect the validity and enforceability of any other provision of these Deposit Terms.
Assignment. You may not assign (directly or indirectly, by operation of law or otherwise) or delegate these Deposit Terms or your rights or obligations under these Deposit Terms without the written consent of Home0001. Any attempted assignment without such consent will be void. Home0001 may freely assign and delegate these Deposit Terms and these Deposit Terms will bind and inure to the benefit of Home0001’s successors and assigns, including without limitation, any entity into which Home0001 will merge or consolidate. Any assignment in violation of these Deposit Terms will be null and void.
Applicable Law and Venue. These Deposit Terms are governed by and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the State of New York without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Home0001, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Home0001 and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
Entire Agreement. These Deposit Terms, your Deposit Confirmation, Home0001’s Terms of Service, and Home0001’s Privacy Policy will constitute the entire agreement between you and Home0001 with respect to the matters contained in these Deposit Terms, and will supersede any other prior, contemporaneous or subsequent oral or written agreements, understandings or communications relating to the subject matter hereof. In the event of any conflict between these Deposit Terms, Home0001’s Terms of Service, and Home0001’s Privacy Policy, these Deposit Terms shall prevail.
Printed Agreement. A printed version of these Deposit Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Deposit Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CONTACTING US
HOME0001 International Inc., located at 80 State St., Albany, NY 12207 United States, is the company responsible for collection, use, and disclosure of your Personal Information under this Privacy Policy.
If you have any questions about this Privacy Policy, Website Terms and Services, or Deposit Terms and Services, please contact us at collective@home0001.com.
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.