3. Changes

AMH 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 Prevention

By 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 Site

Access to and use of our Services are permitted only for finding or applying to lease an AMH property, utilizing wireless services provided by AMH, and using payment, maintenance, related services and functionalities associated with leasing, access, and occupancy of an AMH 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.

Information and materials provided in connection with the services are provided for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions. In addition, the Services may be used by others to post other information and materials, including changes or additions; AMH gives no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication they have been validated by AMH or represent the views of AMH. AMH does not monitor all submissions to the site, but reserves the right to do so and to remove or edit anything that is in violation of these terms of use or other policies of AMH.

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 AMH 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.

6. Services Powered by Third Parties

Certain services offered through our Services are actually offered by third parties. Such services may identify the third party, or redirect you to such third party’s website or service. In those situations, the relevant third party will have access to data collected as part of the services rendered, and you are asked to review the terms and conditions of use and the privacy policy of the relevant third party before using the services. It is expected that such third party service providers may share the information they collected with us.

7. Mobile Communications and Agreement to be Contacted

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive SMS and MMS text messages from AMH and AMH’s agents and affiliates regarding prospective American Homes 4 Rent rental properties that AMH 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 AMH and AMH’s agents and affiliates even if you cancel your account or terminate your relationship with AMH, 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 AMH discovers that any information provided in connection with your registration is false or inaccurate, AMH 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 AMH 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 info@amh.com, or electronically by visiting https://www.amh.com/contact. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD AMH 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 AMH 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 AMH 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, AMH reserves the right to make non-automated calls to you.

There is no fee to receive automated telephone calls or text messages from AMH and AMH’s agents and affiliates. However, message and data rates from your telephone carrier may apply for any messages sent to you from AMH and to AMH 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.

AMH engages the assistance of third parties to facilitate the short code program and to manage data such as the rental properties available, your personal information, your rental applications, and your opt-in and opt-out requests. AMH also shares information collected about you with third parties such as vendors, credit reporting companies, and rental databases. AMH, however, does not sell your opt-in information to any outside entities. AMH’s full Privacy Policy can be accessed at https://www.amh.com/privacy.

8. Wireless Network Services

In 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.

You understand that we will receive certain information about communications and content you engage in or send, receive, and/or access while using the Services, and you consent to our receipt, collection, and use of such information. You further agree and understand that we may, but are not required to, proactively monitor content, communications and activities undertaken using the Services. It is your responsibility to know and understand the risks of using public communication means, such as unsecured wireless networks, for transmission of any communications and content.

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 AMH immediately if you believe that your login credentials were compromised; and
• • Notifying AMH immediately of any security issue you may detect with respect the Services.

AMH provides the wireless networks at their properties subject to certain limitations, including but not limited to certain availability and operational limitations of the requisite equipment and associated facilities. Temporary or permanent interruptions of the wireless network Services may occur, and AMH shall not be responsible or liable for any such interruptions or any loss of data or communications resulting from such interruptions. AMH assumes no obligation to provide the wireless network Services, or to provide the Services to any certain level or specification, such as speed, bandwidth, strength, and range.

AMH 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 AMH’s control and do not affect the applicability or enforceability of these Terms.

9. Intellectual Property

Subject 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 AMH, 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 AMH 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”, "AMH" or any other name, trademark, or product name of AH4R or AMH without our prior written permission.

10. NO WARRANTIES, LIMITATION OF LIABILITY

THE 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 AMH 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 AMH, 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 AMH CORRECT THE MATTER OR, IF AMH 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. INDEMNIFICATION

You agree to defend, indemnify, and hold AMH, 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 AMH 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 Claims

Regardless 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 Opportunity

American 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").

14. Privacy Policy

To learn more about how AMH collects, uses, stores, and shares the information it collects from and about you when you use the Services, please visit AMH’s Privacy Policy at https://www.amh.com/privacy. By accessing and using the Services, you confirm you have read and understand AMH’s Privacy Policy. The Privacy Policy is a statement of information practices only, and is not incorporated by reference into these Terms.

15. Arbitration; Jury Trial and Class Action Waiver

16. CALIFORNIA CONSUMER NOTICE

Under 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 Law

These Terms are governed by the laws of the State of Nevada without regard to its conflict of law provisions.