HOME'S is one of Japan's largest real estate and housing information portals.

Chapter I Applicability of Terms and Conditions of Use of HOME'S Service, etc.

Article 1 (Definitions)

The following terms have the meanings set forth below under the Terms and Conditions of Use of HOME'S Service ("Terms and Conditions") and individual terms and conditions of use ("Individual Terms and Conditions"):

1. "Company" shall mean Next Co., Ltd.
2. "Real Estate Information Website HOME'S" shall mean Real Estate Information Website HOME'S and websites set forth in Section 3 of Appendix by domain names, all of which are operated by the Company. The names of websites and domain names may be added, changed or deleted from time to time at the Company's discretion.
3. "Service" shall mean all services provided from Real Estate Information Website HOME'S. The name and contents of each service may be added, changed or deleted from time to time at the Company's discretion.
4. "User" shall mean all users of Service.
5. "Intellectual Property" shall mean the contents, documents, images, moving images, screen designs, e-mails made and sent by the Company, and any other copyrights to copyrightable works, trademark rights, patent rights, utility model rights, design rights, design, knowhow and any other intellectual property rights (including the right to receive such intellectual property rights and right to apply for registration of such intellectual property rights).
6. "Personal Information" shall mean the personal information on Users which the Company was able to know in the course of providing the Service to such Users, which comprises of individual's name, e-mail address and other information which will make the identification of such User possible (including information which can be easily referred to another information from which the User is identifiable).
7. "HOME'S ID Member" or "Member" shall mean an individual who has registered his information by using prescribed method.
8. "User's Equipment" shall mean telecommunication circuits, telecommunication equipments, computers, software and all other related equipments and facilities necessary for using the Service.

Article 2 (Applicability of Terms and Conditions and Individual Terms and Conditions)

1. These Terms and Conditions shall be applied throughout Real Estate Information Website HOME'S and set forth the terms and conditions which the Users must comply with and which are applicable whenever the Users use the Service. These Terms and Conditions shall be applied to any and all interactions between the Company and the Users relating to the use of Service.
2. The Company may adopt Individual Terms and Conditions for each Service from time to time at the Company's discretion. In the event that Individual Terms and Conditions have been adopted, the Individual Terms and Conditions shall apply to the Service which is subject to such Individual Terms and Conditions in addition to these Terms and Conditions, unless otherwise provided in such Individual Terms and Conditions.
3. Prior to the commencement of use of Service, Users shall carefully read these Terms and Conditions and other terms and conditions applicable to the Service (including, without limitation, the Individual Terms and Conditions; hereinafter the same) in their entirety and fully understand and agree to the contents thereof, and comply with them in good faith. For the Users' use of Service, Users shall be deemed to be using the Service after carefully reading these Terms and Conditions and other terms and conditions applicable to the Service in their entirety and fully understanding and agreeing to the contents thereof.
4. With respect to each Service, in case of any discrepancy between these Terms and Conditions and the Individual Terms and Conditions of such Service, such Individual Terms and Conditions shall prevail over these Terms and Conditions.

Article 3 (Amendment to Terms and Conditions and Individual Terms and Conditions)

1. The Company may make additions, amendments and deletions ("Amendment") to these Terms and Conditions (including Appendix) and Individual Terms and Conditions from time to time at its discretion without providing any prior notice or post-notice. In such case, the conditions for providing the Service shall be based on these Terms and Conditions and Individual Terms and Conditions after the Amendment, and if User uses the Service after such Amendment, Users shall be deemed to be using the Service after fully understanding and agreeing to such Amendment.
2. Amendment to these Terms and Conditions and Individual Terms and Conditions shall take effect from the time when the Company posts on its website these Terms and Conditions and Individual Terms and Conditions after the Amendment.
3. The Company may discontinue the provision of all or part of Service from time to time at its discretion without prior notice or post-notice. These Terms and Conditions and Individual Terms and Conditions may become null and void upon such discontinuation.
4. The Company will not become liable in any way for any damages incurred by any User upon the Amendment to these Terms and Conditions and Individual Terms and Conditions.

Article 4 (Notice from Company)

1. The Company will provide a notice to Users by means of posting a notice on Real Estate Information Website HOME'S or such other means and scope which the Company deems as appropriate.
2. The notice under Article 4.1 shall take effect from the time when the Company posts the contents of such notice on the Company's website. In the event that the notice under Article 4.1 is sent by e-mail, etc., such notice shall take effect from the time when such notice reaches the Users.

Article 5 (Details of Service)

1. Details of Service shall be provided in Sections 1 and 2 of Appendix. The service under Section 2 of Appendix is provided by a third party instead of Company. The Company will not become responsible in any way for the contents, copyrightable works, information, service and any others relating to the Service which are provided to Users, and Users shall be obligated to use the Service at their own discretion and responsibility. Users shall be deemed to have agreed to such obligation by the use of Service. The service provided by the third party shall be in accordance with the terms and conditions of such service.
2. The Company has no obligation to provide the Service to Users.
3. The Company may make Amendment to the details of Service from time to time at its discretion without providing any prior notice or post-notice. In the event that the User uses the Service after such Amendment, the User shall be deemed to be using the Service after fully understanding and agreeing to such Amendment.
4. The Company may discontinue the provision of all or part of Service from time to time at its discretion without prior notice or post-notice.
5. The Company will not become liable in any way for any damages incurred by any User under Articles 5.3 and 5.4.

Article 6 (User's Right)

1. Ownership, intellectual property rights and any and all other rights relating to the Service and Real Estate Information Website HOME'S shall be vested in the Company, any person designated by the Company and any person or company with a license from the Company. Users may not use, duplicate, adapt, modify, translate, reprint, circulate, publish, publicly transmit, transfer, lease, license or otherwise dispose of any contents, service, software, copyrightable works, tangibles, information and any others relating to the Service and Company's websites, without permission of Company and right holders, unless otherwise permitted under the Copyright Act of Japan and other applicable laws and regulations.
2. Users will not be granted with any rights relating to the rights under Article 6.1 by the use of Service.
3. Users shall not engage in any act which may threaten infringement of any rights under Article 6.1 (including, without limitation, disassemble, decompile and other reverse engineering).
4. The ownership in opinions, inquiries, postings, images, contents, e-mails, files, software and other copyrightable works, information and tangibles provided by Users to the Company and its websites ("User's Information") shall be vested in the Company and any person designated by the Company. The Company, person designated by the Company, or person granted with a license from such person designated by the Company may freely use (including, without limitation, duplication, adaptation, modification, translation, reprint, circulation, publication, public transmission, transfer, lease, license or any other form of disposal) User' Information worldwide and free of charge (provided, however, that personal information shall be subject to Article 16 of these Terms and Conditions).
5. Users shall be deemed to have agreed to Article 6.5 at the time when Users provide the User's Information to the Company and Real Estate Information Website HOME'S. Users shall not exercise the moral right of author relating to the User's Information against the Company, person designated by the Company, or person granted with a license from such person designated by the Company.
6. The Company will not be obligated to use the User's Information for, among others, opinions and postings.
7. The Company will not assume any confidential obligation in connection with the Users' provision of information, and Users shall be deemed to have agreed to it at the time when Users provide the User's Information to the Company and Real Estate Information Website HOME'S (provided, however, that personal information shall be subject to Article 16 of these Terms and Conditions).

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Chapter II Registration, etc.

Article 7 (User's Registration, etc.)

1. Part of Service requires the registration of information prescribed by the Company through Real Estate Information Website HOME'S in accordance with the Company's instructions prior to its use. Person who wishes to use the "service requiring registration" which requires such preregistration shall apply for such service through Real Estate Information Website HOME'S by entering the appropriate and necessary information prescribed by the Company and sending such information to the recipient designated by the Company, in accordance with these Terms and Conditions, Individual Terms and Conditions relating to the service requiring registration and other instructions from the Company.
2. In case of Article 7.1, at the time when an applicant sends the information necessary for registration to the Company, such applicant shall be deemed to have applied for registration after carefully reading the entire Terms and Conditions and Individual Terms and Conditions relating to the service requiring registration and fully understanding and agreeing to the contents thereof.

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Chapter III Conditions for Providing Service, etc.

Article 8 (Service Fee)

1. There is no fee for the use of Service; provided, however that if any Individual Terms and Conditions provide otherwise, Users shall comply with such Individual Terms and Conditions.
2. Any costs and expenses for preparing the User's Equipment, for contract with provider and for maintaining them shall be borne by Users.

Article 9 (Suspension and Temporary Discontinuation of Service)

1. In the event that the Company determines that any User falls under any of the following items, the Company may immediately suspend or temporary discontinue the Service without any prior or post-notice or User's consent:
   1. In case maintenance or inspection of equipment necessary for the Service (regardless of whether such maintenance or inspection is periodic or emergency) is conducted;
   2. In case the provision of Service becomes difficult due to force majeure event (including, without limitation, natural disaster such as earthquake, fire and blackout);
   3. In case any data backup, etc. necessary for the Service will be made;
   4. In case there is any unavoidable operational or technical reason;
   5. In case any equipment necessary for the Service is suspended or damaged due to accident (regardless of whether the cause of such accident is attributable to the Company);
   6. In case the Company decides that the suspension or temporary discontinuation of provision of Service to such User is necessary and suspends or temporarily discontinues the Service; or
   7. Any other reason for which the Company decides that the suspension or temporary discontinuation is necessary.
2. The Company will not be liable for any damages incurred by any Users or applicants due to suspension or discontinuation of Service under Article 9.1 above.

Article 10 (Advertisement, etc.)

The Company may, from time to time, post advertisements, guides and other information provided by third parties on Real Estate Information Website HOME'S. Such advertisement and other information are posted at such third parties' responsibility, and the Company will not warrant or be liable in any way for the accuracy, legality and any other matters thereof.

Article 11 (Amendment to Registered Information, etc.)

1. In the event of any error, inadequacy, addition or amendment to the information provided by any User to the Company (including information inputted at the time of registration of service requiring registration, e-mail address and password for such e-mail address), such User shall promptly make the correction, addition or amendment by using the method prescribed by the Company.
2. In the event that User fails to make the correction, addition or amendment under Article 11.1, the Company may suspend the use of Service by such User. It shall also be deemed that the Company's handling based on the User's information already received by the Company is sufficient, and the Company will not be liable for any damages incurred by the User based on such handling. In the event that the Company's notice to the User, who has failed to make the correction, addition or amendment, does not reach such User, such notice shall be deemed to have reached the User after a reasonable period, which is necessary for such notice to reach the User if such notice had been sent based on the User's information already received by the Company, has elapsed after the dispatch of such notice.

Article 12 (Preparation of Equipment, etc.)

Users shall prepare the User's Equipment at their own cost and responsibility, and shall maintain it in a condition under which the Service is usable in a proper manner (including, without limitation, execution of contract with provider). The Company shall not be involved in the User's Equipment in any way whatsoever, and shall not be liable for, among others, any breakdown of User's Equipment or any loss or damage to the data due to use of Service or access to any Company's websites.

Article 13 (Prohibited Acts, etc.)

1. Users shall be prohibited from engaging in any of the following acts upon their use of Service:
   1. Forgery of information concerning the Service
   2. Use of Service by pretending to be someone other than the User
   3. Transmission or input of harmful computer program, etc.
   4. Infringement of or harm to any property, reputation or privacy of third party or the Company, etc.
   5. Acquisition of personal information of third party or Company without consent of such third party or Company or by fraud or other unlawful method
   6. Interference with the use or provision of Service
   7. Infringement on any copyright or other intellectual property of third party or Company
   8. Act which violates any applicable laws or regulations or public order and standards of decency or act which induces or facilitates such act
   9. Commercial activity using the Service or other act with commercial purpose
   10. Act of damaging the Company's goodwill or act which causes damage to the Company
   11. Libel and slander against the Company or third party
   12. Transmission of false information
   13. Unauthorized use of password, e-mail address, etc.
   14. Provision to third party the information which is provided to Users through the Service. The information under this (14) is limited to the information provided only to Users through the Service.
   15. Any other act which the Company deems as inappropriate
2. In the event that the User's Information falls under, or is at the risk of falling under, any of the following items, the Company may, at its discretion, delete or revise all or part of User's Information as it deems necessary without the Users' consent and without becoming liable to the Users in anyway whatsoever:
   1. User's Information which the Company deems as at the risk of falling under any of the prohibited acts under Article 13.1.
   2. User's Information which the Company deems as untrue.
   3. User's Information which the Company otherwise deems as inappropriate.

Article 14 (Damages)

1. User shall be liable for any damages incurred by the Company for User's breach of these Terms and Conditions or any reason attributable to such User.
2. User shall resolve at his/her own responsibility any damages which such User caused to any third party in connection with the use of Service (including, without limitation, infringement on third party's intellectual property due to the provision of User's Information), and shall be liable for any damages incurred by the Company in the said case.

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Chapter IV Scope of Liability

Article 15 (Scope of Liability)

1. The Company will not, expressly or implicitly, provide any warranty on the Service and Real Estate Information Website HOME'S (including, without limitation, warranty on the accuracy, completeness, recentness, reliability, usefulness and fitness for particular purpose of contents, sentences, images or other information and warranty on the outcome from the use of Service). In the event of any discrepancy between the real estate information from the Service and the current real estate information, the current real estate information shall prevail. There may be cases in which the real estate in the real estate information provided to Users is already sold or the sales transaction thereof becomes cancelled.
2. Users shall use the Service and Company's websites after acknowledging and agreeing to the fact that the Service and Company's websites include, among others, the contents, copyright, information and service provided by the advertisers and other third parties. The Company will not be responsible for any contents, copyrights, information, service and any others (including, without limitation, those provided in Section 2 of Appendix) provided by the advertisers and other third parties to Users in connection with the Service or Company's websites, and Users shall be deemed to have agreed to it by the use of Service.
3. In case of linkage from Real Estate Information Website HOME'S to third party's website or linkage from third party's website to Real Estate Information Website HOME'S, the Company will not be responsible in any way whatsoever for the third party's website.
4. The Company will not be liable even for any damages incurred by any Users (including applicants; hereinafter the same) in connection with the Service or Real Estate Information Website HOME'S for any reason or cause whatsoever, and Users shall be deemed to have agreed to it by the use of Service; provided, however, that in case the Consumer Contract Act of Japan applies to the relationship between the Company and any User under these Terms and Conditions, the Company will be liable for ordinary and direct damages incurred by such User excluding the loss of profit regardless of reason or cause thereof as long as the User proves that such damages are attributable to the Company (provided, however, that such limitation of liability will not apply in case of intentional misconduct or gross negligence of the Company).
5. The Company will not be responsible in any way whatsoever for the correspondences, negotiations, contracts and any other relationship between Users and Information Provider (as defined in Article 16.2), and Users shall be deemed to have agreed to it by the use of Service.

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Part V Personal Information, etc.

Article 16 (Handling of Information on Users Including Personal Information)

1. The Company shall be entitled to use the Users' personal information in accordance with "Personal Information" (Personal Information Protection Policy) posted on the Company's website, and shall be deemed to have agreed to such handling of personal information by the use of Service.
2. Notwithstanding Article 16.1, the Company shall be entitled to provide to third parties (including, without limitation, companies providing real estate information and real estate companies which post their branch information) the personal information and other information provided by Users to the Company (including, without limitation, information on inquiries from Users on real estates and other User's Information) to the extent necessary to perform the Service, and Users shall be deemed to have agreed to it by the use of Service; provided, however, that the Company will enter into agreement with the said third parties ("Information Provider") on the appropriate handling of personal information provided by Users.
3. Users shall be deemed to have agreed by the use of Service that the Information Providers will provide the Users with the guides on real estates and other guides, contacts, notices and information.
4. Users shall be deemed to have agreed by the use of Service that the advertisements, guides and information of Company and third parties will be included in the e-mails and other notices sent by the Company to Users.
5. The Company will not be responsible in any way whatsoever for the correspondences, negotiations, contracts and any other relationship between Users and Information Provider, and Users shall be deemed to have agreed to it by the use of Service.
6. The Company will keep for a certain period of time the Users' personal information for its record for the use of Service in order to smoothly perform the Service. Users shall be deemed to have agreed that there may be times when the Company will directly contact Users to the extent necessary for the Company to smoothly perform the Services or in the event that the real estate company is not able to contact or sent documents to Users due to the fact that the information which any Users filled out in the form on inquiries and request for information was not clear.
7. The Company shall not be obligated to treat any of the following information as personal information:
   1. In case a User filled out his/her personal information in the form other than the personal information form prescribed by the Company
   2. In case a User disclosed his/her personal information to certain company outside the scope of Service
   3. In case a User was unexpectedly identified based on the registered information other than the information specific to such User

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Chapter VI Others

Article 17 (Governing Law)

The validity, interpretation and performance of these Terms and Conditions, Individual Terms and Conditions on the Service, Service and Real Estate Information Website HOME'S shall be governed by the laws of Japan.

Article 18 (Jurisdiction)

Any dispute relating to these Terms and Conditions, Individual Terms and Conditions on the Service, Service and Real Estate Information Website HOME'S shall be submitted to the Tokyo District Court as the court of first instance with exclusive jurisdiction.

Article 19 (Questions)

Any questions on the Service shall be made to the following contact person; provided that the Company shall not be obligated to provide any support to Users on the Service and Real Estate Information Website HOME'S.

Contact Person:

User Support of Next Co., Ltd.

E-mail Address:

usersupport@homes.co.jp

Article 20 (Use Outside of Japan)

The Company shall not provide any warranty on the legality and other matters concerning the contents of Service in case any User uses the Service outside of Japan. In case any User uses the Service outside of Japan, such User shall use the Service upon confirming at his/her own responsibility that it is in compliance with the law of the country or territory where he/she is using.
These Terms and Conditions shall take effect as of December 1, 2004.
July 14, 2009 Tenth Edition

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Appendix

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