Terms & Privacy

Updated March 16 2019

Welcome and thank you for your interest in myhome.am (operated by Capital, Inc.Ltd. By clicking a registration or new account submission button, or by otherwise using Capital inc.Ltd.'s websites, networks, mobile applications, or other services provided by Capital inc.Ltd.(collectively, the “Services”), or accessing any content provided by Capital inc.Ltd.'s through the Services, you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").

1. MYHOME Role. DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. MYHOME IS NOT A FINANCIAL OR REAL ESTATE BROKER OR LENDER. FOR ADDITIONAL INFORMATION, PLEASE SEE SECTION 8. Myhome's business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Myhome may serve advertisements based on the information we collect through the Services. See the Privacy Policy for more details. but Myhome does not act as a real estate agent for you or any other user; does not represent you or another user in the the purchase, sale, or exchange of real property, including any negotiation thereof; does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Myhome assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.

2. Capital inc.Ltd.'s operates the following brands; any use of any of the Services provided by the following brands is subject to these Terms of Armenia: (1) Myhome(myhome.am web site & myhome apps) (2) Expert cleaning services; (3) A Flag.

3. Eligibility; Accounts and Registration. You must be at least 16 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: you are at least 16 years of age;  you have not previously been suspended or removed from the Services; and your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide 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(s) with others. Unless you have entered into a commercial agreement with Capital inc.Ltd. permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.

4. Use of the Services; Restrictions.                                             

4.1.Use of the Services. As long as you comply with these Terms of Use, Myhome grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use App (as defined in Section 4(2) below on your mobile device in object code form, for your personal use.If you are a real estate agent or work in a real estate agency as an agent, or you are a founder, director or in any other way you work with intermediaries in the real estate market:Your accounts and your announcements will be immediately removed from myhome.am and from myhome mobile appsTerms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise.

4.2. Mobile Applications. To use Myhome mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. Myhome's does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. Capital inc.LTD's may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.

4.3 Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services only as necessary for your personal use or to view, save, print, fax and/or e-mail such information.

5. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
use information provided by Myhome through the Services in making any loan-related decisions;reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;provide/post/authorize a link to any of the Services (including to an salers,renters & etc. profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or by others;remove or modify any copyright or other intellectual property notices that appear in the Services;use the Services for resale, service bureau, time-sharing or other similar purposes;use the Services in any way that is unlawful, or harms Myhome its service providers, suppliers, or any other user;distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;impersonate another person or misrepresent your affiliation with another person or entity;reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Myhome for a particular portion of the Services;upload invalid data, viruses, worms, or other software agents to the Services;interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Myhome may use to prevent or restrict access to the Services;conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;use any of Capital inc.LTD's trademarks as part of your screen name or email address on the Services; or attempt to, or permit or encourage any third party to, do any of the above.

6. Fees.

6.1. Generally. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If Myhome changes the fees for all or part of the Services, including by adding fees or charges, Myhome will provide you advance notice of those changes. If you do not accept the changes, Myhome may discontinue providing the applicable part of the Services to you. Myhome's authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize Myhome to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, Myhome may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

6.2. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Myhome to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Myhome may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by contacting us at: [email protected], by contacting your business consultant, or through your settings page for the paid feature.

7. User Materials.

7.1. UGC Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide to Myhome images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant Myhome an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Myhome will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. Myhome may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Myhome and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use. Myhome will not use client contact information that is uploaded by users into the Myhome portal for any purpose.

7.2. UGC Disclaimer. Myhome is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. Myhome may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in Myhome’s sole judgment violate these Terms of Use or are otherwise objectionable, including in any way described in our Good Neighbor Policy described in Section 13(2). You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Myhome with respect to User Materials. Myhome expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, Myhome may investigate the allegation and determine in Myhome's sole discretion whether to remove the User Materials, which Myhome reserves the right to do at any time and without notice. For more information on Zillow Group’s handling of infringing content, please see Section 11 below.

8. 3rd Party/Linked Services/Sent information.

8.1. Generally. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under Myhome’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. Myhome does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that Myhome may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of Myhome If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive marketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Myhome is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

8.2. Additional Terms for Third Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:

8.2.1 Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, available at http://www.google.com/intl/en_us/help/terms_maps.html, and Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html.

8.2.2 ACRA. Some of the Services allow you to use the ACRA Connect service to submit a request for a credit check be sent to a landlord. If you use the ACRA services, you agree to the ACRA Terms and Conditions, available at 
http://acra.am/?lang=en

9. Intellectual Property. The Services are owned and operated by Capital inc.LTD. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Myhome Materials”) provided by Myhome are protected by intellectual property and other laws and are the property of Capital inc.LTD. or Capital inc.LTD.’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Myhome Materials, and Myhome reserves all rights to the Capital inc.LTD Materials and Services not granted expressly in these Terms of Use.

Intellectual Property Notices:

The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Capital inc.LTD. does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and the requirements of applicable law.

10. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any Myhome Materials (“Feedback”), then you hereby grant Myhome an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.

11. DMCA; Claims of Copyright Infringement. Myhome respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Myhome's copyright if
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the we can locate it;Your address, telephone number, and, if available, e-mail address, so that the we may contact you about your complaint; andA signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.Notices of copyright infringement claims should be sent as follows:By e-mail: 
[email protected] If relating to content on myhome.am website or myhome mobile applications; If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

12. Termination/Changes to Agreement. Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting [email protected] 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 Myhome to use the Services will terminate automatically. In addition, Myhome may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. Myhome may alter, suspend or discontinue the Services or any portion of the Services without notice. Myhome 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. Myhome 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 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.

13. Privacy Policy/Other Terms.

Privacy Policy. Myhome will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
Other Terms. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the 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 or content available through the Services, including, without limitation, the Good Neighbor Policy, the Listing Quality Policy, Terms, and the Guidelines. 
All such terms are incorporated into, and made a part of, these Terms of Use.

Notice to Apple Users. If you are using our mobile applications on an iOS device, the terms of this Section 22 apply. You acknowledge that these Terms of Use are between you and Myhome 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 22 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 22 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.

14. Indemnification. You agree to indemnify, defend, and hold harmless Myhome, its affiliates, 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: 1. your access to or use of the Services; 2. your breach of these Terms of Use; 3. your violation of any law or the rights of a third party; 4. any dispute or issue between you and any third party; 5. any User Materials you upload to, or otherwise make available through, the Services; 6. your willful misconduct; 7. any other party’s access to and/or use of the Services using your account and password. Myhome 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 corporate with Capital inc.LTD.’s defense of that claim.

 15. No Warranties. MYHOME PROVIDES THE 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, MYHOME AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. MYHOME  AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: 1. WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; 2. WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT;  3. 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 MYHOME   ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY 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 MYHOME   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. 

See also https://www.google.com/policies/terms/

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