PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE REAL ESTATE LISTINGS DATABASE AND OTHER TOOLS AVAILABLE AT NESTIO.COM AND NESTIOLISTINGS.COM (INDIVIDUALLY OR COLLECTIVELY, THE “SITE”), AND RELATED APPLICATIONS AND FEATURES (COLLECTIVELY, WITH THE SITE, THE “SERVICES”) OFFERED BY NESTIO, INC. (“NESTIO” OR “US”), YOU SIGNIFY YOUR ASSENT TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU DO NOT HAVE ANY RIGHT TO USE THE SERVICES.
Access to the Services
Subject to the terms and conditions of this Agreement, Nestio may provide the Services, which are selected by you, solely for your own use, and not for the use or benefit of any third party. A subset of the Services require that you be a member in good standing of certain trade groups, and you will not be allowed to access the subset that requires trade group membership unless you can prove that you are a member in good standing. Services shall include, but not be limited to, the offering of any materials displayed on the Site and related features (including, but not limited to data, text, documents, graphics, photographs, images, illustrations, audio clips and video clips, also known as the “Content”). Nestio may change, suspend or discontinue the Services for any reason, at any time, including the availability of any feature or Content. Nestio may restrict your access to parts or all of the Services without notice or liability. Nestio may modify this Agreement at any time by posting an updated version on the Site, and providing you with notice on the Services, or by sending you a notice via e-mail or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. If at any time you do not agree to these terms and conditions, you must terminate your use of the Services. You will still remain liable for any obligations incurred or charges accrued on or before the date of termination.
You certify to Nestio that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site. If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this agreement, in which case the terms “you” or “your” shall refer to such entity. This Agreement is void where prohibited by law, and the right to use the Services is revoked in such jurisdictions.
Nestio will use reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment or other circumstances outside of Nestio’s reasonable control. Nestio will take reasonable steps to minimize such disruption where it is within Nestio’s reasonable control.
THE SITE AND SERVICES ARE PROVIDED “AS IS”. NESTIO WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT (AS DEFINED HEREIN) OR OTHER CONTENT.
You will not copy or store any significant portion of the Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Nestio, or from the copyright holder identified in the applicable Content's copyright notice. All trademarks, service marks, and trade names which appear on the Services (other than those appearing in any Content posted by a User) are proprietary to Nestio or third parties. You shall abide by all copyright notices and restrictions contained in any Content accessed through the Services.
The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You acknowledge and agree that if you contribute Content to the Services (“User Content”), you hereby do and shall grant Nestio a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format and through any media channel and to allow others to do so. You also hereby do and shall grant each user of the Services a nonexclusive license to use your User Content as permitted through the functionality of the Services and under this Agreement. You warrant, represent and agree that you have the right to grant Nestio the rights set forth above. You acknowledge that Nestio will not, and is under no obligation to, offer payment for User Content you contribute.
You retain all right, title and interest in your User Content. Notwithstanding the foregoing, you agree that (a) Nestio shall have the right to compile User Content and to use such compiled User Content from you and other users for any commercial purpose, including but not limited to offering the compiled User Content through additional media, and (b) Nestio shall have the exclusive ownership rights to, and the exclusive right to use and exploit, such compiled User Content as a compiled copywritten work, whether offered through the Services or any other media.
You represent, warrant and agree that you will not contribute any User Content that (a) infringes or violates any copyright or trademark or trade secret of another party, (b) infringes any intellectual property right or the privacy or publicity rights of another, (c) is libelous, defamatory, obscene, pornographic, harassing, hateful, offensive or otherwise violates any law or right of any third party, (d) contains a virus, trojan horse, worm, or other computer programming routine or engine intended to detrimentally interfere with any system, data or information, or (e) remains posted after you have been notified that such User Content violates any of sections (a) to (d) of this sentence. You agree that if you contribute property listings to the Services, you will use reasonable efforts to ensure that all information you provide is accurate and up-to-date.
Nestio reserves the right to remove any User Content from the Site and the Services at any time, for any reason or for no reason at all. All information transmitted through the Services is the sole responsibility of the person from whom such information originated. Nestio cannot guarantee the identity of other users with whom you interact in the course of using the Services. Nestio does not assume liability for any User Content, including any property listings posted on the Services. You are responsible for all User Content posted under your username. If you believe User Content residing on the Site or the Services infringes a copyright, please contact us at the address listed below.
Any feedback relating to the Services, including but not limited to, questions, comments or suggestions about the Services, (“Feedback”) submitted to Nestio shall become the property of Nestio, and you hereby assign any and all rights in the Feedback to Nestio as consideration for access to the Services. Nestio will not be required to treat any Feedback as confidential, and will not be liable for any ideas or incur any liability as a result of any similarities that may appear in our future Services or operations.
You may not use the Services to create or aid any business that is competitive with the Services.
You are responsible for all of your activity in connection with the Services. Unless you have Nestio’s express written consent, if you are a real estate broker or agent, you may use the Services solely to locate available listings and to communicate with property management companies, landlords and owners.
You may not post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any Nestio or Nestio Listings user.
Your license to use the Services is personal and you shall not sell, distribute, publish, display, license or transfer Content appearing on the Services with others. You shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run automated scripts or bots on the Site or through the Services, nor will you use the Site or Services to send spam. You will not, and will not permit any third party to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation in any way through any medium or otherwise use any of the Services in such a manner so that the Services appear to be part of your or a third party’s website (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law).
Nestio has no special relationship with or fiduciary duty to you. You acknowledge that Nestio has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Nestio from all liability for your having acquired or not acquired Content through the Services. Nestio is neither an agent of nor is connected with any individual or business with which users interact through the Services. Nestio does not control any entity with which you may interact through the Services, and accepts no responsibility or liability for any act, omission or Content posted on the Services by any such entity. You hereby waive any and all legal or equitable rights or remedies you have or may have against Nestio with respect to acts and omissions by such entities. Nestio makes no representations or warranties concerning any property listed on the Services, and is not liable or responsible for any property you encounter through the Services.
The Services may contain, or direct you to sites containing, information that some people may find inappropriate. Nestio makes no representations concerning any Content contained in or accessed through the Services, and Nestio will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Nestio makes reasonable efforts to require users who post property listings or other Content on the Services to ensure that such Content is as accurate and up-to-date as reasonably possible. However, pricing, availability and other information related to properties may change rapidly, so Content on the Services may be inaccurate or outdated.
THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, NESTIO DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED THROUGH THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT NESTIO IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA RESULTING FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT ON THE SERVICES; (4) THE INABILITY TO ACCESS OR RETRIEVE ANY CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY COMMUNITY AREA OF THE SERVICES; AND (6) ANY USER’S VISIT TO, INTERACTION WITH OR TRANSACTION OF BUSINESS WITH AN INDIVIDUAL OR BUSINESS ENCOUNTERED THROUGH THE SERVICES.
Third Party Sites and Services
Users of Nestio may gain access from the Services to third party sites on the Internet. Third party sites or services are not within the supervision or control of Nestio. Nestio makes no representations or warranties about any third party site or resource, and does not endorse the products or services offered by third parties. Nestio disclaims all responsibility and liability for content on third party websites. Any transactions or activity between you and any third party site or resource are solely between you and the applicable third party. You hereby irrevocably waive any claim against Nestio with respect to third party content. Third party providers of ancillary services may require your agreement to additional or different license or other terms prior to your use or access of their sites or services. Any such agreement shall not in any way modify your Agreement here with Nestio. If you transact business with a third party you encounter through the Services, you agree such third party may share details of your transactions with them with Nestio.
Registration and Security
As a condition to using the Services, you may be required to supply Nestio with certain registration information. You shall provide Nestio with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in termination of your access to and use of the Services. You may not use as your username a name (i) of another person with the intent to impersonate that person; or (ii) subject to any rights of a person other than you without appropriate authorization; or (iii) that is otherwise offensive, vulgar or obscene. You shall never use another User’s account or registration information, for Nestio’s or any third party services you access through Nestio, without permission. Nestio reserves the right to refuse registration of or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of your Nestio password.
As a condition to using certain of the Services, you may be required to meet certain occupational or industry criteria. Nestio may limit the use of Nestio Listings to property managers and owners, listings directors and owners and principals of brokerage firms, licensed real estate agents and brokers, and other individuals and entities involved in the business of renting and selling real property. Nestio may require license information and employment verification from some users.
You irrevocably authorize Nestio to disclose your personally identifiable information at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena).
You will indemnify and hold Nestio, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or your infringement, or the infringement by any third party using your registration information, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. IN NO EVENT SHALL NESTIO, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. NESTIO’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF $100 USD OR THE AGGREGATE AMOUNT(S) PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM.
Either party may terminate the Services at any time by notifying the other party by any means. Nestio may also terminate or suspend any and all Services immediately, without prior notice or liability, for any or no reason, including without limitation if Nestio has a good faith belief that you have (i) breached any of the terms or conditions of this Agreement; (ii)repeatedly posted inaccurate or outdated information on Nestio Listings; or (iii) failed to honor appointments booked using the Services. Upon any termination, your right to use the Services and access Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Nestio may charge for use of the Services. In the event you use Services for which Nestio requires payment, your subscription to those Services will be billed as specified in your customer agreement. Any fees paid hereunder are non-refundable. If you purchase paid Services, we will charge your credit card automatically on the monthly anniversary of your start of service until you terminate your subscription. Once you have been charged the monthly subscription fee, there are no refunds, partial or in full for that month's service.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by the state and federal courts located in the State of New York. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.
Copyright 2016 Nestio, Inc. All rights reserved.
LAST UPDATED: August 12, 2016