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Section 8

Indemnification

Last Updated: May 22, 2025

By using the HomeNest platform, services, and applications, you agree to indemnify, defend, and hold harmless HomeNest, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns (collectively, the "HomeNest Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), and awards (collectively, "Claims") arising out of or relating to:

  • Your use or misuse of the Services: Any Claims resulting from your access to, use of, or inability to use the HomeNest platform, tools, or portals, including but not limited to tenant screening portals, property management dashboards, and financial reporting tools.
  • Breach of Terms: Any Claims arising from your violation of these Terms of Service, any applicable third-party terms, or any policies incorporated by reference herein.
  • Violation of Laws: Any Claims arising from your violation of any local, state, national, or international law, regulation, or ordinance, including but not limited to fair housing laws, tenant rights statutes, and data protection regulations.
  • Third-Party Rights: Any Claims arising from your alleged or actual infringement, misappropriation, or violation of any third-party intellectual property rights, proprietary rights, or personal rights.
  • User Content and Data: Any Claims arising from content, data, listings, or information you submit, post, or transmit through the Services, including the accuracy, legality, or quality thereof.
  • Interactions with Other Users: Any Claims arising from disputes, transactions, or interactions between you and other users of the platform, including property owners, tenants, maintenance providers, or contractors facilitated by HomeNest.
  • Unauthorized Actions: Any Claims resulting from unauthorized access to or use of your account, device, or credentials, whether or not such unauthorized access is due to your negligence.
Important Notice Regarding Disputes: If you are required to indemnify HomeNest under this Section 8, you must promptly notify HomeNest in writing upon receiving notice of any Claim. HomeNest reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our reasonable requests to assert any available defenses. You shall not settle any Claim without the prior written consent of HomeNest, which shall not be unreasonably withheld.

Cooperation and Documentation: You agree to provide reasonable cooperation and documentation as requested by HomeNest in connection with the defense of any indemnifiable Claim. This may include, at HomeNest's sole discretion, providing access to relevant records, communications, and evidence related to the Claim.

Survival: The obligations and rights set forth in this Section 8 shall survive the termination or expiration of these Terms of Service, and your account with HomeNest, for a period of no less than three (3) years following such termination or expiration.

Disclaimer: This indemnification provision does not limit or restrict HomeNest's right to seek its own legal remedies or defenses, nor does it waive any rights or defenses available to HomeNest under applicable law.

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