Terms and Conditions
VERSION DATE: August 15, 2022
Welcome to American Homes 4 Rent (“AH4R”, “we”, “us”, “our”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and AH4R concerning your use of AH4R’s website or other online or offline services to locate a property, access a property, submit a rental application, use our wireless networks, use other services associated with a property, or use other goods or services offered by us from time to time, and where these Terms are posted (“Services”).
1. Acknowledgment and AgreementPLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING OUR SERVICES. THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AH4R CONCERNING YOUR ACCESS AND USE OF THE SERVICES, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.
2. Arbitration NoticeBY AGREEING TO THESE TERMS, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND AH4R CONCERNING YOUR ACCESS AND USE OF THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (AS DETAILED BELOW IN SECTION 15), AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL. FOR MORE INFORMATION ABOUT THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 15.
3. ChangesAH4R reserves the right to change or modify these Terms at any time and in our sole discretion. Please review these Terms and their version dates frequently, as changes or modification will be effective immediately upon posting of the revisions to the Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
4. Fraud PreventionBy accessing and using our Services, we may share your information with our fraud prevention service providers to prevent against fraudulent activity and defend against other illegal activity, or activity in violation of these Terms. By agreeing to these Terms, you agree and intentionally direct us to share your information, including your personal information, with such third-party providers of fraud prevention services.
5. Access and Use of the SiteAccess to and use of our Services are permitted only for finding or applying to lease an AH4R property, utilizing wireless services provided by AH4R, and using payment, maintenance, related services and functionalities associated with leasing, access, and occupancy of an AH4R property. Any other access to or use of our Services is unauthorized.
Please understand that all information submitted through our Services might potentially be publicly accessible. Important and private information should be protected by you. We are not liable for protection of privacy of electronic mail or other information transferred through the internet or any other network provider that you may use.
Our Services may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through the Services should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting.
By registering for use of the Services, you certify that the information you provide on any application or registration form is accurate and pertains only to you. You agree to be honest with us and deal with us in good faith; you agree to refrain from making false representations, and you agree to provide us with up-to-date and accurate information, for which you are solely responsible. You are responsible for maintaining the confidentiality of the password you are assigned. Your password may not be shared with any other person. You are responsible for all actions taken or content added through your account. You agree to notify us promptly of any unauthorized use of your account.
We reserve the right to deactivate or suspend use of the Service by anyone for any reason or no reason at all.
No user of the Services may (1) take any action that imposes an unreasonable load on our digital property infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of our Services or any activity being conducted through our Services, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Services, (4) delete or alter any material posted by any other person or entity, or (5) frame or link to any of the materials or information available from the Services.
If you submit any information to the Services, you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit pyramid schemes or chain letters or conduct gambling, (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other users of our Services through unsolicited e-mail, telephone calls, mailings or any other method of communication.
When retrieving information from the Services, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (2) aggregating, copying or duplicating any of the materials or information available from the site except for the small amount of materials and information temporarily required for an ordinary single use of the site, or (3) accessing data not intended for such user.
Should you decide to submit, enter or transmit through use of the Services information or materials of any kind, you are responsible for ensuring that you may do so and that such information and materials may be accessed, used, copied, distributed and adapted by other users of the Services (including AH4R or its host providers) without liability or restriction. You are responsible for making sure all information and materials that you originate or require are properly backed up, so you have ready access thereto in the event of loss, corruption or interruption.
7. Mobile Communications and Agreement to be ContactedYou acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive SMS and MMS text messages from AH4R and AH4R’s agents and affiliates regarding prospective American Homes 4 Rent rental properties that AH4R deems to be relevant to you based on the information you provide through the Services, as well as regarding properties that you apply to lease, including but not limited to content and/or informational alert subscriptions; status notifications; and/or marketing and loyalty promotions, if any. You agree to receive automated calls and text messages from AH4R and AH4R’s agents and affiliates even if you cancel your account or terminate your relationship with AH4R, except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please see the Opt-Out Instructions below.
You verify that any contact information provided is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If AH4R discovers that any information provided in connection with your registration is false or inaccurate, AH4R may suspend or terminate your use of the Services at any time. Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify AH4R before the change goes into effect by texting STOP to any text message or short code message, calling us at (855) 774-4663, mail at 280 Pilot Road Las Vegas, NV, 89119, email at email@example.com, or electronically by visiting https://www.ah4r.com/contact. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD AH4R HARMLESS FOR ANY PRIVACY, TORT OR OTHER CLAIMS, INCLUDING CLAIMS UNDER THE FEDERAL TELEPHONE CONSUMER PROTECTION ACT (“TCPA”) OR ITS STATE LAW EQUIVALENTS, RELATING TO YOUR PROVISION OF A MOBILE NUMBER THAT IS NOT OWNED BY YOU AND/OR YOUR FAILURE TO NOTIFY AH4R OF ANY CHANGES IN MOBILE OWNERSHIP OR YOUR CONTACT INFORMATION.
OPT-OUT INSTRUCTIONS: Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP, END, CANCEL, UNSUBSCRIBE, and QUIT to any text message you receive or text STOP, END, CANCEL, UNSUBSCRIBE, and QUIT to a short code, and specify that you want to opt out of text messages. You may also reply with the keyword “HELP” for more assistance, or you can get help directly from: (855) 774-4663. You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify AH4R if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, AH4R reserves the right to make non-automated calls to you.
There is no fee to receive automated telephone calls or text messages from AH4R and AH4R’s agents and affiliates. However, message and data rates from your telephone carrier may apply for any messages sent to you from AH4R and to AH4R from you. Carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is recommended that you contact your wireless provider.
8. Wireless Network ServicesIn the course of providing you with access to our wireless networks, we may receive certain information about content you access, send, receive or use while accessing the Service, such as URLs and, for transmissions via HTTP or HTTPS, search terms, application commands, file names, file sizes, and file types. We may also receive certain information about communications you may engage in, access, send, receive, or use while accessing our Services. We may use such information for, but not limited to, the following services:
- • Filter or block inappropriate content, such as adult content or pornography;
- • Provide reasonable security measures such as logging and monitoring use of the Services to help prevent unauthorized access;
- • Making reasonable efforts to ensure an appropriate level of consistent service, including the availability and speed of the Services;
- • Troubleshooting and addressing potential and actual problems with the Services; and
- • Disclosing information to law enforcement and government agencies as may be deemed necessary, or consistent with applicable legal requirements.
We will take commercially reasonable steps to keep the Services relating to wireless networks free of security risks such as malware and spam, but cannot and do not warrant or represent that the Services are secure or free from security risks. We cannot and do not guarantee or represent that the Services, or the device you use to access to the Services, can be kept free of security hazards and vulnerabilities.
You agree to take appropriate steps to help protect yourself and your device, and the security of others, including but not limited to:
- • Installing and using up-to-date malware and virus protection on the device you use to access or use the Services;
- • Avoiding communications and websites that convey malware, such as phishing emails;
- • Installing the most recent security patches made available by your device and/or operating system provider;
- • If you were required to use login credentials to access the Services, maintaining these credentials confidentially, including refraining from sharing them with anyone or maintaining them in an insecure fashion, such as by displaying them in a place that is visible to others;
- • Notifying AH4R immediately if you believe that your login credentials were compromised; and
- • Notifying AH4R immediately of any security issue you may detect with respect the Services.
AH4R may, from time to time, charge for use of the wireless network Services. Your use of the wireless network Services may also be subject to charges imposed by the carrier or other party that supports the computing device you use to access the wireless network Services. Such charges are a function of your service plan and outside of AH4R’s control and do not affect the applicability or enforceability of these Terms.
9. Intellectual PropertySubject to your full and continued compliance with these Terms, you are authorized to access; use and copy information and materials available through the Services only for purposes expressly authorized by these Terms. Certain materials on or in relation to our Services or used in relation to the Service (herein the “Materials”), including but not limited to our trademarks, trade dress, trade names, logos, design, text, data compilations, search results, graphics, images, pictures, audio or video media files and other files, are proprietary property of AH4R, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including but not limited to copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, beyond the authorized uses, without our prior written permission. The information and Materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use in creating other works, whether or not copyrightable, or to sell or promote other products. Violation of this policy may result in infringement of intellectual property and contractual rights of AH4R or third parties which is prohibited by law and could result in substantial civil and criminal penalties. You may not use any meta tags or any other "hidden text" utilizing "American Homes 4 Rent", “AH4R”, or any other name, trademark, or product name of AH4R without our prior written permission.
10. NO WARRANTIES, LIMITATION OF LIABILITYTHE SERVICES AND THE MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS, WHERE IS” AS AN ACCOMMODATION WITHOUT WARRANTY OF ANY KIND, ALL USE IS AT YOUR SOLE RISK; AND AH4R SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL AH4R, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT AH4R CORRECT THE MATTER OR, IF AH4R FAILS TO DO SO, TO DISCONTINUE USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. INDEMNIFICATIONYou agree to defend, indemnify, and hold AH4R, its parents, subsidiaries, affiliates, partners, agents, and licensors and each of their respective officers, directors, shareholders and employees against and from any and all claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, and/or from your placement or transmission of any content through the Services, including, without limitation, any actual or threatened suit, demand, or claim made against AH4R arising out of or relating to your access or use of the Services, your conduct, your actual or alleged violation of these Terms, or your actual or alleged violation of the rights of any third party. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section.
12. Limitation of ClaimsRegardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services and these Terms must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
You agree to accept sole responsibility for any use of internet facilities conducted or permitted by you or your Clients; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees, or other users or accesses.
13. Fair Housing/Equal Housing OpportunityAmerican Homes 4 Rent is an Equal Housing Opportunity company, which means American Homes 4 Rent (as well as all of our affiliated entities and employees) complies with the Fair Housing Act and other applicable federal, state and local anti-housing discrimination laws. The federal Fair Housing Act prohibits discrimination in housing because of: Race/Color, National origin, Religion, Sex, Familial Status, Handicap (or disability). American Homes 4 Rent also operates in states and local jurisdictions which have additional fair housing laws and added protected classes. American Homes 4 Rent is also responsible for complying with those laws and regulations. As such, all rental properties identified in this Site are subject to the federal Fair Housing Act and its state law counterparts. American Homes 4 Rent will not knowingly permit or allow any discriminatory conduct in the rental of its properties that violates applicable law. Complaints concerning discriminatory practices in housing may be filed with the local office of the U.S. Department of Housing and Urban Development ("HUD").
15. Arbitration; Jury Trial and Class Action Waiver
Disputes.The terms of this Section 15 shall apply to all Disputes between you and AH4R. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and AH4R arising under or relating to your use of the Services, these Terms, or any other transaction involving you and AH4R, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND AH4R AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR AH4R FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; AND (4) TRADEMARK INFRINGEMENT OR DILUTION.
Binding Arbitration.You and AH4R agree: (1) to arbitrate all Disputes between you and AH4R pursuant to the provision of these Terms; (2) these Terms memorialize a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in these Terms.
Dispute Notice.In the event of a Dispute, you or AH4R must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to AH4R must be addressed to 23975 Park Sorrento, Suite 300, Calabasas, CA 91302 (“AH4R Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If AH4R and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or AH4R may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each party agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
Small Claims Court.Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.YOU AGREE THAT YOU MAY BRING DISPUTES AGAINST AH4R IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND AH4R AGREE THAT NO DISPUTE SHAL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
Arbitration Procedure.If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Consumer Arbitration Rules (“AAA Rules”), as applicable; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Hearing Format.Unless otherwise agreed, the arbitration shall take place in Los Angeles County, California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by AH4R or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AH4R is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
Arbitration Fees.AH4R will pay, or (if applicable) reimburse you, for all AAA (as applicable) filing, administration, and arbitration fees for any arbitration commenced by you or AH4R pursuant to these Terms. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
Opt-Out.You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to AH4R at 23975 Park Sorrento, Suite 300, Calabasas, CA 91302 within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.
Amendments to this Section.Notwithstanding any provision in these Terms to the contrary, you and AH4R agree that if AH4R makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms, AH4R will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the AH4R Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
Severability.If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.
Exclusive Venue for Other Controversies.AH4R and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of California, County of Los Angeles, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
16. CALIFORNIA CONSUMER NOTICEUnder California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by American Homes 4 Rent, 280 Pilot Road Las Vegas, NV, 89119. If you have a question or complaint regarding the Services, please contact us by writing to 280 Pilot Road Las Vegas, NV, 89119. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
17. Choice of LawThese Terms are governed by the laws of the State of Nevada without regard to its conflict of law provisions.
© 2022 American Homes 4 Rent
American Homes 4 Rent®, AH4R®, Let Yourself In®, AMH Development®, American Residential®, and 4Residents® are registered trademarks of American Homes 4 Rent. AMH℠, 4Rent℠, 4Communities℠ and Clean Safe and Functional℠ are service marks of American Homes 4 Rent.