7. Limitation of Liability

7.1 No Warranties; Use at Your Own Risk

HomeNest provides property management services, software platforms, and administrative assistance on an "as is" and "as available" basis, without warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not guarantee uninterrupted, secure, or error-free operation of our digital portal, nor do we guarantee specific occupancy rates, rental income levels, or tenant retention outcomes. Your use of HomeNest services and access to managed properties is entirely at your own risk.

7.2 Limitation of Direct Damages

To the maximum extent permitted by applicable law, HomeNest, its affiliates, officers, directors, employees, contractors, and agents shall not be liable for any direct damages arising out of or related to:

• Use or inability to use our property management platform or services;
• Unauthorized access to, or alteration of, your transmissions or data;
• Statements or conduct of any third party on our platform;
• Any other matter relating to our services or the rental properties under our management.

Where liability cannot be legally excluded, our total aggregate liability to you for any and all claims arising from our services shall not exceed the total management fees paid by you to HomeNest during the twelve (12) months preceding the event giving rise to the claim.

7.3 Exclusion of Consequential & Indirect Damages

In no event shall HomeNest be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to:

• Loss of profits, rental income, or investment value;
• Loss of data, business interruption, or reputation;
• Property devaluation or depreciation;
• Costs of securing replacement housing or alternative accommodation;
• Any other damages, even if HomeNest has been advised of the possibility of such damages.

7.4 Third-Party Actions & Tenant Conduct

HomeNest acts solely as a property management service provider and intermediary. We are not a party to, nor do we assume any liability under, any lease agreement entered between property owners and tenants. Tenant actions, non-payment of rent, property damage caused by occupants, or lease violations are the responsibility of the relevant contracting parties.

While we implement standard screening procedures, background checks, and rental agreements in accordance with our service tier, we do not guarantee tenant performance or behavior. Any disputes, claims, or damages arising from tenant conduct shall be directed to the appropriate legal remedies under the lease, not against HomeNest.

7.5 Property Maintenance & Emergency Responses

HomeNest coordinates maintenance requests and engages vetted third-party contractors based on the service plan selected. We do not perform repairs directly and assume no liability for the quality, timeliness, or workmanship of third-party service providers.

In emergency situations, we will dispatch assistance to the best of our ability based on available resources, contractor availability, and urgency. HomeNest is not liable for delays, additional damages, or costs resulting from contractor scheduling, parts unavailability, weather conditions, or municipal permit requirements.

7.6 Regulatory Changes & Force Majeure

HomeNest shall not be held liable for failures or delays in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, changes in housing regulations, zoning laws, rent control ordinances, or internet/service provider outages.

We reserve the right to adjust services, pricing, or operational procedures to comply with new local, state, or federal regulations without liability to property owners or clients.

7.7 State Law Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. If applicable law prohibits the limitations set forth in this Section 7, only the minimum permissible limitations shall apply. The remainder of this Limitation of Liability clause shall remain fully enforceable to the fullest extent permitted by law.

If you reside in a jurisdiction that provides additional consumer protection rights, those rights are not waived by this agreement and remain in full effect.

7.8 Survival & Severability

The limitations and exclusions of liability outlined in this Section 7 shall survive the termination or expiration of your account, contract, or use of HomeNest services.

If any provision of this Section 7 is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Such invalid or unenforceable provision shall be replaced with a valid provision that most closely approximates the original intent.