Terms:  Statement of Rights and Responsibilities

Date of Last Revision: January 16, 2010


This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with HOME JOTTER. By using or accessing HOME JOTTER, you agree to this Statement. HOME JOTTER does not guarantee the accuracy of any information available on this site, and is not responsible for any errors, omissions, or misrepresentations. Product information including availability, features, floor plans and rent ranges are subject to change without prior notice and should be verified independently with the property managers.

  1. Privacy:  Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on HOME JOTTER.  
    1. You should have control over your personal information. 
      HOME JOTTER helps you share information with college students. You choose what information you put in your profile.  Also, you choose what information you put in each property listing.  And you control the users with whom you share that information with by selecting specific colleges
    2. You should have access to the information others want to share. 
      There is an increasing amount of information available out there. We want to help you easily get that information.
  1. Sharing Your Content and Information:  You own all of the content and information you post on HOME JOTTER. In order for us to use certain types of content and provide you with HOME JOTTER, you agree to the following:
    1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with HOME JOTTER ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. We always appreciate your feedback or other suggestions about HOME JOTTER, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
  1. Registration and Account Security:  HOME JOTTER users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
    1. You will not provide any false personal information on HOME JOTTER, or create an account for anyone other than yourself without permission.
    2. You will not use HOME JOTTER if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
    3. You will keep your contact information accurate and up-to-date.
    4. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    5. You will not transfer your account to anyone without first getting our written permission.
  1. Protecting Other People's Rights:  We respect other people's rights, and expect you to do the same.
    1. You will not post content or take any action on HOME JOTTER that infringes someone else's rights or otherwise violates the law.
    2. We can remove any content you post on HOME JOTTER if we believe that it violates this Statement.
    3. If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
    4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
    5. You will not use our copyrights or trademarks (including HOME JOTTER, the HOME JOTTER) without our written permission.
    6. If you collect information from users, you will: obtain their consent, make it clear you (and not HOME JOTTER) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
    7. You will not post anyone's identification documents or sensitive financial information on HOME JOTTER.
    8. HOME JOTTER is not responsible for the content that is posted.  HOME JOTTER is not responsible for spelling errors or the properties that are being posted.  Posted properties need to be within the law.
  1. About Advertisements on HOME JOTTER:  Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
    1. We do not give your content to advertisers.
    2. You understand that we may not always identify paid services and communications as such.
  1. Special Provisions Applicable to Advertisers:  You can target your specific audience by buying ads on HOME JOTTER or our publisher network. The following additional terms apply to you if you place an order through HOME JOTTER:
    If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
    1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
    2. You will pay for your order(s) through Paypal or any other means that are agreed on.
    3. We will determine the size, placement, and positioning of your ads.
    4. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
    5. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
    6. You will not offer any contest or sweepstakes ("promotion") without our prior written consent.
    7. You can cancel your order(s) at any time through our online portal, but it may take us seven days before the ad stops running.
    8. We can use your ads and related information for marketing or promotional purposes.
    9. You will not issue any press release or make public statements about your relationship with HOME JOTTER without written permission.
    10. We may reject or remove any ad for any reason.
    11. You warrant that you have the legal authority to bind the advertiser to this Statement.
    12. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation. 

  1. Termination:  If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of HOME JOTTER to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate..
  1. Disputes
    1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or HOME JOTTER in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions or your content on HOME JOTTER, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. We try to keep home jotter up, bug-free, and safe, but you use it at your own risk. We are providing home jotter "as is" without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that home jotter will be safe or secure. Home jotter is not responsible for the actions or content of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a california resident, you waive california civil code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." we will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or home jotter, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or home jotter will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, home jotter's liability will be limited to the fullest extent permitted by applicable law. 

  2. Definitions
    1. By "HOME JOTTER" we mean the features and services we make available, including through (a) our website at www.HOME JOTTER.com and any other HOME JOTTER branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
    2. By "us," "we" and "our" we mean HOME JOTTER, Inc. and/or its affiliates.
    3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from HOME JOTTER and provide data to us relating to HOME JOTTER users.
    4. By "content" we mean the content and information you post on HOME JOTTER, including information about your company and the actions you take.
    5. By "post" we mean post on HOME JOTTER or otherwise make available to us.
    6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. 

  3. Equal Opportunity Housing

    Our Policy
    All real estate advertised herein is subject to the federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination."

    We will not knowingly accept or permit any advertisement for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.

    The Law
    When it comes to buying, selling or leasing a home or renting an apartment, several state and federal laws were enacted to ensure the equal opportunity in housing for all people. The Civil Rights Act of 1966 prohibits all racial discrimination in the sale or rental of property. Moreover, the Fair Housing Act declares a national policy of fair housing throughout the United States, making illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.

    Other laws also impact the purchase, sale or lease of a home or renting an apartment. Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities. The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant’s income derives from any public assistance program.

    In addition, state and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.

    As a home seller or landlord you have a responsibility and a requirement under the law not to discriminate in the sale, rental and financing of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. You cannot instruct the licensed broker or salesperson acting as your agent to convey for you any limitations in the sale or rental because the real estate professional is bound by law not to discriminate. Agents in a real estate transaction also are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. They are prohibited from complying with a request from the home seller or landlord to act in a discriminatory manner in the sale, lease or rental. Moreover, a home seller or landlord cannot establish discriminatory terms or conditions in the purchase or rental, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national original.

    As someone seeking to purchase a home or rent an apartment, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the financing, appraising, or insuring of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.

    IF YOU SUSPECT DISCRIMINATION:
    Despite our zero tolerance policy, much of the information regarding real estate and related matters in this Web Site is provided by third parties or via hyperlink to third party sites. As such, there may be an instance of potential discrimination by these third parties that we are not yet aware of. If you suspect discrimination by one of these sites, please contact our staff at homejotter@gmail.com.

    Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD), or by calling HUD’s toll free number, 1-800-669-9777 (voice), or 1-800-543-8294 (TDD).

    You can contact HUD on the internet at http://www.hud.gov/

  4. Other
    1. This Statement makes up the entire agreement between the parties regarding HOME JOTTER, and supersedes any prior agreements.
    2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    3. If we fail to enforce any of this Statement, it will not be considered a waiver.
    4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    7. Nothing in this Agreement shall prevent us from complying with the law.
    8. This Statement does not confer any third party beneficiary rights.