Terms of Service

Last Revised March 27, 2022

By using Nomacasa.com, including all Company owned TLDs, such as, but not limited to, Nomacasa.co, Nomacasa.xyz, collectively known as the "Service", you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Nomacasa, LLC ("Company") reserves the right to update and change these Terms of Service without notice.

Violation of any of the terms below may result in the termination of your account.

Account Terms

1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

2. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).

3. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).

4. You must provide a valid email address and provide any other valid information requested in order to complete the signup process.

5. Your login may only be used by one person – a single login shared by multiple people is not permitted.

6. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

7. You must be 18 years of age or older.

Waitlist

1. The Company offers an early access signup program (the “Waitlist”) that allows you to be put on a waitlist for properties unavailable to be reserved at the time of signup. As properties become available to the Waitlist which you are on within the timeframe that you joined, you will be notified via email, so long as you have not cancelled or unsubscribed prior to such time.

2. You must have a valid email on record with the Company to be added to a Waitlist.

3. When properties become available, the property must be booked using your Waitlist email to confirm authenticity.

4. A position in a Waitlist does not guarantee that you will be able to book a property during the exact dates you desire.

5. A property location with a Waitlist does not guarantee that there will be a location built in the near term.

6. The Company expresses general timeframes in which properties are expected to be available to the Waitlist, but makes no warranties or guarantees of meeting those timeframes.

7. The order of a Waitlist is determined at the sole discretion of the Company.

8. The method of fulfillment is determined at the sole discretion of the Company.

9. The Company reserves the right to accept or refuse a Waitlist entry at our sole discretion.

10. We may send you email and other communications related to the Waitlist (regardless of any settings or preferences related to your Nomacasa account).

11. All communication from Nomacasa to you regarding the Waitlist will be done through email.

12. You may not transfer or assign your Waitlist position or any benefits. The Waitlist is for personal use only.

13. The Company may remove you from a Waitlist at our discretion without notice.

14. The Company may choose in its sole discretion to add or remove benefits or end Waitlist thereby canceling your Waitlist position.

Incentives To Join

1. The Company may offer, from time to time, an incentive to join the Waitlist, such as a free credit towards your first stay (the "Incentive"). Any Incentive offered by the Company is bound by the terms and conditions set forth in this section.

2. Any Incentive offered by the Company requires proper registration to the Waitlist, as further described in the aforementioned "Account Terms" section.

3. The Company will provide confirmation and delivery of any Incentive via email.

4. Only one Incentive per person may be redeemed. Creating duplicate and/or multiple accounts to collect Incentives violates these terms.

5. Incentives may be redeemed only through paid bookings on the Company's website, with a minimum stay of at least two nights. The Company will not be liable for redeeming an Incentive for stays booked outside of the Company's website.

6. The Company will not be held liable for any failure of receipt of Incentives. The Company takes no responsibility for any Incentive which is lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.

7. Incentives are non-negotiable, non-refundable, and non-transferable.

8. No cash alternative is available.

Giveaways & Competitions

1. By entering into any competition or giveaway offered by the Company, you agree to be bound by the terms and conditions set forth in this section.

2. All entries must be received before the Expiration Date, as defined in each giveaway announcement. One winner will be selected at random by the Company and the winner will be notified on or after this date.

3. The Company will announce the closure of any giveaway or competition through announcements on Company channels, including but not limited to, notifications to email subscribers, posts on social media, and updates to the website, at such time the giveaway will be deemed to have ended. NO VALID ENTRY AFTER THE EARLIER OF (i) THE ANNOUNCEMENT OF THE WINNER OR (ii) PAST THE GIVEAWAY EXPIRATION DATE.

4. The Company giveaways and competitions require a valid email to enroll. The Company will contact any selected winner(s) via email.

5. The selected winner of the giveaway or competition must confirm their prize by written response to the Company email.

6. If the Company receives no response from the winner within 10 days of notifying the winner by email, then the winner is subject to forfeiting their prize.

a. The Company shall make a second attempt to contact the winner, and if by 7 days after this written second attempt by the Company the then winner has still not responded by email, then the Company may terminate the then winner(s)’ prize and select a new recipient, whose acceptance of the prize shall follow the conditions outlined above.

7. No purchase necessary. Winners will not be required to pay to enter the competition.

8. Entrants must be over 18 years old on the date of their entry.

9. Employees of the Company are not eligible to enter.

10. Instagram, Facebook, Pinterest, or other social media companies and platforms used to announce the giveaway are not in any way affiliated or involved in the competition.

11. Only one entry per person per competition will be accepted.

12. Each entrant shall enter the competition via a website signup by submitting a valid email, and by following the rules set forth in any giveaway or competition announcement on social media.

13. The prize will be awarded to a randomly selected winner who has entered the Waitlist on our website and followed the rules set forth in the giveaway as announced at the time, using a random number generator. The Company will not be held liable if the named prize becomes unavailable or cannot be fulfilled.

14. The Company will not be held liable for any failure of receipt of entries. The Company takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.

15. To the extent permitted by applicable law, the Company’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the prize in question.

16. To the extent permitted by applicable law, the Company shall not be liable under or in connection with these terms and conditions, the competition or any prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.

17. Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.

18. The name, address, email address and phone number of the winner must be provided to the Company if requested and will be shared to enable fulfillment of the prize.

19. In the event of unforeseen circumstances beyond The Company’s reasonable control, the Company reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.

20. The Company’s decision is final. No correspondence will be entered into with unselected participants.

21. The winner’s name and social media username may be posted on the social media profiles of the Company after the winner has been selected.

22. The Company reserves the full right, at its discretion, to select dates and times when the prize can be redeemed by the winner, not to be unduly withheld from the winner.

23. If the prize involves travel, the Company shall not be held responsible for any cost, injury, or burden assumed by the winner in redeeming the prize.

Payment & Refunds

1. The Company offers a Waitlist to gain early access to properties on the Nomacasa platform. Joining the Waitlist is offered for free. If you would like to upgrade to a premium level, such as by joining the Casa Crew, you will only be able to access these features by paying in advance. If you fail to pay for premium access, your account will not be granted an upgrade until payment is made.

2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.

3. There are no refunds.

Cancellation & Termination

1. You are solely responsible for properly canceling your account. You can cancel your account at any time by sending an email to support@nomacasa.com.

2. All of your content will be inaccessible from the Service immediately upon processing your account cancellation.

3. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications To The Service And Prices

1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.

2. Prices of all Services are subject to change. Such changes may be provided at any time by posting the changes to the Company web site or the Service itself.

3. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright & Content Ownership

1. All content posted on the Service must comply with U.S. copyright law.

2. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.

3. The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

4. The look and feel of the Service is copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

Disclaimer & Liabilities

1. Nomacasa strives to encourage a respectful user experience, but it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users.

2. Any claim, cause of action, demand, or dispute arising from or related to Nomacasa ("Claims") will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Los Angeles, CA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Los Angeles, CA; (2) indemnify and hold Nomacasa Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of Nomacasa; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2. Technical support is only provided via email.

3. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

4. You must not modify, adapt or hack the Service.

5. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.

6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.

7. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.

8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.

9. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

10. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

11. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

12. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

13. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

14. Questions about the Terms of Service should be sent to support@nomacasa.com.

Continued Use

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.