Poplar StreetCred Terms of Use
Onerent, Inc. dba Poplar Homes and its U.S. state-based affiliates (“Poplar Homes” or “Poplar”) are proud to offer this product and related services to its clients. By participating in and signing up for the product and services offered by Poplar Homes, you agree to be a Poplar Homes’ client, bound by the following terms, as updated from time to time. Client is a lessee, product user, and anticipated home buyer.
1. StreetCred Product. Poplar Homes is a full-service online property management and real estate company, and is now pleased to offer the “StreetCred” pathway to homeownership product to its leasing clients. Poplar Homes holds real estate brokerage licenses in multiple states. Check our complete lists of licenses here. Poplar Homes leases and rents, offers to lease and rent, and negotiates the leases of real property on behalf of its clients. As an incentive and benefit for Poplar's leasing clients, StreetCred allows qualified clients to allocate a percentage of their monthly rental payment towards saving for a future home purchase. Qualified lessees who qualify for and lease a Poplar Homes’ home enabled with this product, and who agree to use Poplar Homes as their agent for purposes of a future home purchase, are eligible for the credit. By signing up for StreetCred, Client agrees to use Poplar Homes’ as your real estate buyer’s agent in any future home purchase. Poplar Homes retains full authority and discretion over determining which homes are participating and eligible, and which clients are eligible. Poplar Homes’ client lessees living in a home enabled with the product, who opt-in to participate in StreetCred and agree to use Poplar Homes to eventually purchase the home which is being saved for, may allocate up to 20% (twenty percent) of their monthly rental payments towards the purchase, of which amounts accumulate over time. The allocation credit does not have a minimum amount, but has a maximum amount, and requires that the seller of the home being purchased cooperates with and offers compensation to other brokerages who procure buyers, either through the Multiple Listing Service (hereafter referred to as “MLS”), another similar service, or under mutual agreement between the parties. Poplar Homes’ is a licensed brokerage which cooperates with other brokerages. As such, the maximum total amount credited to a StreetCred home buyer client shall be the full commission amount offered and agreed to by the seller to be paid to the buyer’s brokerage, which is a percentage of the eventual final home purchase price . The amount of real estate commissions is not fixed by law. Commission amounts are set by each seller and broker individually and are negotiable.. Poplar Homes’ shall act as the client’s broker in any home purchase. Poplar Homes’ acting as client’s broker is a condition to this agreement. Poplar Homes, acting as client’s broker, is hereby authorized to cooperate with and receive compensation from other brokers participating in the MLS, another similar service, or under mutual agreement. The amount of compensation agreed to by the seller in a listing agreement and published on MLS, other such service, or under mutual agreement, shall be the maximum amount of the commission to Poplar Homes and credit to the Poplar StreetCred client.. Upon home purchase, clients will receive a rebate/credit towards closing costs, for the final sum total amount of the allocated amounts and total broker offered commission amount in the form of a check, within one week of the close of escrow, in compliance with mortgage company guidelines and all applicable state, local and federal laws.
2. Eligibility; Accounts and Registration. By signing up for the product and related services, you represent and warrant that you are an eligible client and that (a) you are at least 18 years of age, (b) you have not breached and/or are not currently in breach of the terms of a former or existing Poplar Homes lease agreement, (c) you have not previously been suspended or removed from use of the product or services; and (d) your registration and your use of the product and services is in compliance with all applicable laws and regulations. To access some features of the product and services, you may be required to sign an agreement and register for an account. When you register for an account, you may be required to provide Poplar Homes with information about yourself, such as your electronic mail address or other contact or personal identifying information. You agree that the information provided is accurate and that you will keep it accurate and up to date at all times. Upon registration, you may be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account or accounts with others, and you may only use the product and services for transactions on your own behalf, and not on behalf of any other person. Client Street Cred home savings amounts are not transferable or assignable. Further, you agree that the Poplar Homes product credit is individually applied on a per-person basis.
3. Poplar “StreetCred Home Savings” Account. By signing up for the product and agreeing to the terms and conditions, you agree that Poplar Homes will open a “StreetCred Home Savings” account on your behalf, of which monthly amounts will be deposited into. All savings amounts deposited are in Poplar Homes credits equivalent to U.S. dollars, are non-refundable, and are solely to be used for the purpose of a future client home purchase. One credit is equal to one U.S. dollar. You may be required to pay additional fees to access certain features of the product and related services. If Poplar Homes changes the fees for all or part of the product or services, including by adding fees or charges, Poplar Homes will provide you with advance notice of those changes. If you do not accept the changes, Poplar Homes may discontinue providing the applicable part of the product and/or services to you. Poplar's authorized third-party payment processor will allocate the specified percentage savings to your Poplar Homes savings account and charge the payment method you specified at the time of purchase. You authorize Poplar Homes to charge all service fees as described in the Terms of Use to the payment method on file with Poplar Homes. If you pay any fees with a credit card, Poplar Homes may seek pre-authorization of your credit card account before your purchase in order to verify that the credit card is valid and has necessary funds or credit available to cover your purchase. You further agree and authorize Poplar Homes to report any and all rental payment information and history to credit bureaus. StreetCred savings account credits are only fully transferable and assignable to other individuals or entities upon the prior written approval of Poplar Homes.
4. Lessee Background Check. By signing up for, and as a product user, if you choose to submit your information in order to submit a background or credit check, you are further subject to the CIC/Equifax terms and conditions. Poplar Homes processes and has relationships with companies who process credit information, but does not store background or credit check information, and does not control how a landlord uses background or credit check information in evaluating its applications. Poplar Homes does not guarantee any acceptance by a landlord of an application, but does require all landlords using Poplar's services to comply with the Fair Housing Act and other applicable state and federal laws.
5. Intellectual Property. The services are owned and operated by Poplar Homes. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Poplar Homes products, as well as services provided by Poplar Homes, are protected by intellectual property and other laws and are the intellectual property of Poplar Homes or Poplar's third party licensors. Except as expressly allowed by these Terms of Use, you may not make use of Poplar Homes materials, and Poplar Homes reserves all rights to the Poplar Homes materials and services not granted expressly in these Terms of Use.
6. Termination/Changes to Agreement. Except as stated in separate product or service specific agreements, you may terminate your account at any time by contacting hi@poplarhomes.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the services. If you violate any provision of these Terms of Use, your permission from Poplar Homes to use the services will terminate automatically. In addition, Poplar Homes may in its sole discretion terminate your account or suspend or terminate your access to the product or services at any time for any reason, with or without notice. Poplar Homes may alter, suspend or discontinue the product, agreement or services or any portion of the services without notice. Poplar Homes will not be liable whatsoever for any change to the services or any suspension or termination of your access to or use of the services. Poplar Homes reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the product and services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
7. Indemnification. You agree to indemnify, defend, and hold harmless Poplar Homes, its affiliates and subsidiaries, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the product and services; (b) your breach of lease or breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any user materials you upload to, or otherwise make available through, the services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the services using your account and password. Poplar Homes reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Poplar's defense of that claim.
8. Privacy Policy. Poplar Homes will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Poplar Homes Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use. Your use of the product and services is subject to all additional guidelines, rules, and agreements applicable to the product and services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product, product, service, contest or content available through the Services, including, without limitation, the Poplar Homes Good Neighbor Policy, the Lease User Terms, and Quality Policy. All such terms are incorporated into, and made a part of, these Terms of Use.
9. No Warranties. POPLAR HOMES PROVIDES THE product AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPLAR HOMES AND ITS AFFILIATES, SUBSIDIARIES AND SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. POPLAR HOMES AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY POPLAR HOMES ENTITY OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND POPLAR HOMES MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL POPLAR HOMES OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF POPLAR HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPLAR HOMES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (IE) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF POPLAR HOMES AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO ZILLOW GROUP FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
12. Apple Users. If you are using our mobile applications on an iOS device, the terms of this Section 12 apply. You acknowledge that these Terms of Use are between you and Poplar Homes only, not with Apple, and Apple is not responsible for the Services or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of Section 12 of these Terms of Use, and upon your acceptance of these Terms or Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 12 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from Poplar Homes as further described in Poplar's Privacy Policy. Please read the Privacy Policy to learn more about Poplar's electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that Poplar Homes sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
14. Choice of Law. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Santa Clara County, California for any and all disputes, claims and actions arising from or in connection with the product, services and/or these Terms of Use. Poplar Homes operates the services from its offices in California, and makes no representation that the product and services are appropriate or available for use in other locations.
15. Enforceability. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are used for the convenience of the parties only and have no legal or contractual significance. Poplar Homes may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the services. Poplar's failure to act with respect to a breach by you or others on your behalf does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Poplar Homes with respect to the services and supersede all prior or contemporaneous communications of any kind between you and Poplar Homes with respect to the services.
1. StreetCred Product. Poplar Homes is a full-service online property management and real estate company, and is now pleased to offer the “StreetCred” pathway to homeownership product to its leasing clients. Poplar Homes holds real estate brokerage licenses in multiple states. Check our complete lists of licenses here. Poplar Homes leases and rents, offers to lease and rent, and negotiates the leases of real property on behalf of its clients. As an incentive and benefit for Poplar's leasing clients, StreetCred allows qualified clients to allocate a percentage of their monthly rental payment towards saving for a future home purchase. Qualified lessees who qualify for and lease a Poplar Homes’ home enabled with this product, and who agree to use Poplar Homes as their agent for purposes of a future home purchase, are eligible for the credit. By signing up for StreetCred, Client agrees to use Poplar Homes’ as your real estate buyer’s agent in any future home purchase. Poplar Homes retains full authority and discretion over determining which homes are participating and eligible, and which clients are eligible. Poplar Homes’ client lessees living in a home enabled with the product, who opt-in to participate in StreetCred and agree to use Poplar Homes to eventually purchase the home which is being saved for, may allocate up to 20% (twenty percent) of their monthly rental payments towards the purchase, of which amounts accumulate over time. The allocation credit does not have a minimum amount, but has a maximum amount, and requires that the seller of the home being purchased cooperates with and offers compensation to other brokerages who procure buyers, either through the Multiple Listing Service (hereafter referred to as “MLS”), another similar service, or under mutual agreement between the parties. Poplar Homes’ is a licensed brokerage which cooperates with other brokerages. As such, the maximum total amount credited to a StreetCred home buyer client shall be the full commission amount offered and agreed to by the seller to be paid to the buyer’s brokerage, which is a percentage of the eventual final home purchase price . The amount of real estate commissions is not fixed by law. Commission amounts are set by each seller and broker individually and are negotiable.. Poplar Homes’ shall act as the client’s broker in any home purchase. Poplar Homes’ acting as client’s broker is a condition to this agreement. Poplar Homes, acting as client’s broker, is hereby authorized to cooperate with and receive compensation from other brokers participating in the MLS, another similar service, or under mutual agreement. The amount of compensation agreed to by the seller in a listing agreement and published on MLS, other such service, or under mutual agreement, shall be the maximum amount of the commission to Poplar Homes and credit to the Poplar StreetCred client.. Upon home purchase, clients will receive a rebate/credit towards closing costs, for the final sum total amount of the allocated amounts and total broker offered commission amount in the form of a check, within one week of the close of escrow, in compliance with mortgage company guidelines and all applicable state, local and federal laws.
2. Eligibility; Accounts and Registration. By signing up for the product and related services, you represent and warrant that you are an eligible client and that (a) you are at least 18 years of age, (b) you have not breached and/or are not currently in breach of the terms of a former or existing Poplar Homes lease agreement, (c) you have not previously been suspended or removed from use of the product or services; and (d) your registration and your use of the product and services is in compliance with all applicable laws and regulations. To access some features of the product and services, you may be required to sign an agreement and register for an account. When you register for an account, you may be required to provide Poplar Homes with information about yourself, such as your electronic mail address or other contact or personal identifying information. You agree that the information provided is accurate and that you will keep it accurate and up to date at all times. Upon registration, you may be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account or accounts with others, and you may only use the product and services for transactions on your own behalf, and not on behalf of any other person. Client Street Cred home savings amounts are not transferable or assignable. Further, you agree that the Poplar Homes product credit is individually applied on a per-person basis.
3. Poplar “StreetCred Home Savings” Account. By signing up for the product and agreeing to the terms and conditions, you agree that Poplar Homes will open a “StreetCred Home Savings” account on your behalf, of which monthly amounts will be deposited into. All savings amounts deposited are in Poplar Homes credits equivalent to U.S. dollars, are non-refundable, and are solely to be used for the purpose of a future client home purchase. One credit is equal to one U.S. dollar. You may be required to pay additional fees to access certain features of the product and related services. If Poplar Homes changes the fees for all or part of the product or services, including by adding fees or charges, Poplar Homes will provide you with advance notice of those changes. If you do not accept the changes, Poplar Homes may discontinue providing the applicable part of the product and/or services to you. Poplar's authorized third-party payment processor will allocate the specified percentage savings to your Poplar Homes savings account and charge the payment method you specified at the time of purchase. You authorize Poplar Homes to charge all service fees as described in the Terms of Use to the payment method on file with Poplar Homes. If you pay any fees with a credit card, Poplar Homes may seek pre-authorization of your credit card account before your purchase in order to verify that the credit card is valid and has necessary funds or credit available to cover your purchase. You further agree and authorize Poplar Homes to report any and all rental payment information and history to credit bureaus. StreetCred savings account credits are only fully transferable and assignable to other individuals or entities upon the prior written approval of Poplar Homes.
4. Lessee Background Check. By signing up for, and as a product user, if you choose to submit your information in order to submit a background or credit check, you are further subject to the CIC/Equifax terms and conditions. Poplar Homes processes and has relationships with companies who process credit information, but does not store background or credit check information, and does not control how a landlord uses background or credit check information in evaluating its applications. Poplar Homes does not guarantee any acceptance by a landlord of an application, but does require all landlords using Poplar's services to comply with the Fair Housing Act and other applicable state and federal laws.
5. Intellectual Property. The services are owned and operated by Poplar Homes. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Poplar Homes products, as well as services provided by Poplar Homes, are protected by intellectual property and other laws and are the intellectual property of Poplar Homes or Poplar's third party licensors. Except as expressly allowed by these Terms of Use, you may not make use of Poplar Homes materials, and Poplar Homes reserves all rights to the Poplar Homes materials and services not granted expressly in these Terms of Use.
6. Termination/Changes to Agreement. Except as stated in separate product or service specific agreements, you may terminate your account at any time by contacting hi@poplarhomes.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the services. If you violate any provision of these Terms of Use, your permission from Poplar Homes to use the services will terminate automatically. In addition, Poplar Homes may in its sole discretion terminate your account or suspend or terminate your access to the product or services at any time for any reason, with or without notice. Poplar Homes may alter, suspend or discontinue the product, agreement or services or any portion of the services without notice. Poplar Homes will not be liable whatsoever for any change to the services or any suspension or termination of your access to or use of the services. Poplar Homes reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the product and services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
7. Indemnification. You agree to indemnify, defend, and hold harmless Poplar Homes, its affiliates and subsidiaries, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the product and services; (b) your breach of lease or breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any user materials you upload to, or otherwise make available through, the services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the services using your account and password. Poplar Homes reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Poplar's defense of that claim.
8. Privacy Policy. Poplar Homes will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Poplar Homes Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use. Your use of the product and services is subject to all additional guidelines, rules, and agreements applicable to the product and services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product, product, service, contest or content available through the Services, including, without limitation, the Poplar Homes Good Neighbor Policy, the Lease User Terms, and Quality Policy. All such terms are incorporated into, and made a part of, these Terms of Use.
9. No Warranties. POPLAR HOMES PROVIDES THE product AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPLAR HOMES AND ITS AFFILIATES, SUBSIDIARIES AND SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. POPLAR HOMES AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY POPLAR HOMES ENTITY OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND POPLAR HOMES MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL POPLAR HOMES OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF POPLAR HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POPLAR HOMES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (IE) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF POPLAR HOMES AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO ZILLOW GROUP FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
12. Apple Users. If you are using our mobile applications on an iOS device, the terms of this Section 12 apply. You acknowledge that these Terms of Use are between you and Poplar Homes only, not with Apple, and Apple is not responsible for the Services or related Materials. Apple has no obligation to furnish any maintenance or support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claim by you or any third party relating to the Services or your possession or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the Services or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of Section 12 of these Terms of Use, and upon your acceptance of these Terms or Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 12 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from Poplar Homes as further described in Poplar's Privacy Policy. Please read the Privacy Policy to learn more about Poplar's electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that Poplar Homes sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
14. Choice of Law. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Santa Clara County, California for any and all disputes, claims and actions arising from or in connection with the product, services and/or these Terms of Use. Poplar Homes operates the services from its offices in California, and makes no representation that the product and services are appropriate or available for use in other locations.
15. Enforceability. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are used for the convenience of the parties only and have no legal or contractual significance. Poplar Homes may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the services. Poplar's failure to act with respect to a breach by you or others on your behalf does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and Poplar Homes with respect to the services and supersede all prior or contemporaneous communications of any kind between you and Poplar Homes with respect to the services.