- Additional Terms; Updates to the Terms
- Specific Content Disclaimers
- Notices and Procedure for Making Claims of Copyright Infringement
- Content that You Submit to the Sites
- Your Use of the Sites
- No Unauthorized Use Permitted
- Email and Similar Communications
- Right to Monitor and Terminate Use
- Right to Modify or Terminate the Sites
- Security and Use of Accounts
- Privacy Statement
- Errors, Inaccuracies, and Omissions
- Who We Provide the Sites To
- Disclaimer of Warranty
- Limitations of Liability
- User Created Hyperlinks to Sites
- Dispute Resolution & Agreement to Arbitrate
- Choice of Law & Forum
- Contact Information
The following terms and conditions of use (the “Terms”) govern your access to this website and other websites, mobile applications, and online products and services (collectively, the “Sites”) operated by Nestfully, LLC (“Nestfully,” “we,” “us,” and “our”). Nestfully provides access to a variety of real estate-related informational content, products, services and resources. The Terms do not alter any terms or conditions of any other agreement you may have with Nestfully for products or services, unless otherwise agreed to by you and Nestfully in writing.
Please review these Terms carefully before accessing or using the Sites. By accessing or using the Sites in any manner you represent that you are above the age of majority in your jurisdiction of residence and that you agree to be legally bound by these Terms. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITES. If you have questions about the Sites or the Terms, you may contact Nestfully by sending an email to [email protected].
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST NESTFULLY ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
Additional Terms; Updates to the Terms
Certain areas or features of the Sites may be subject to additional rules, policies, procedures, and/or terms (collectively, the “Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. Your use of those areas or features of the Sites is conditioned on your compliance with these Terms and any Additional Terms. From time to time, such Additional Terms may conflict with these Terms. In the event of such a conflict, the Additional Terms will control. Any reference to the “Terms” in this agreement includes all Additional Terms.
Nestfully reserves the right to modify the Terms at any time. When we make modifications, we will post them here and update the Effective Date at the top of this webpage. Any modifications will become effective immediately upon posting to the Sites. It is your responsibility to review the Terms periodically to be aware of such modifications. You waive any right to receive specific notice of modifications. Your continued access to or use of the Sites following the posting of modifications will be deemed your conclusive acceptance of the modified Terms. For these reasons, we encourage you to review the Terms whenever you use the Sites. If you do not agree to these Terms, do not use the Sites.
Specific Content Disclaimers
- The Sites provide access to third-party real estate listings and related content, information, products, services and resources, which may include images, purchase and other financial information, and contact information for inquiries regarding such listings (collectively, “Listings”). Importantly, the Sites, including all Listings, are made available to you for general informational purpose only. The Sites are not intended to provide you with, and should not be relied upon for, any financial, real estate, or related advice of any kind. The content of the Sites is not, and should not be treated, as a substitute for the advice of a qualified professional.
- Certain portions of the Sites will allow users to submit, post, link, share and otherwise make available information, text, graphics, videos, or other content (“User Content”). Listings, in particular, are submitted by third parties and, therefore, consist of User Content, i.e., this content does not originate with Nestfully. User Content available on the Sites has not necessarily been reviewed or approved by Nestfully, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any such content. Any views or opinions expressed in User Content belong solely to the users who shared the content and not to Nestfully. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to any User Content, including your reliance on any such content. Under no circumstances shall any User Content be considered an endorsement of any particular Listing, including any seller or agent associated such Listing.
- The Sites may include links to, contact information for, or other means of accessing content, products, services, and websites operated by third parties not under our control (collectively, “Third-Party Services”). By way of example, this may include means of contacting sellers and real estate professionals associated with Listings displayed on the Sites. By using the Sites, you acknowledge that we do not control are not responsible in any way for any Third-Party Services accessible via the Sites. Access to Third-Party Services is provided solely for your convenience and does not constitute an endorsement by Nestfully of any Third-Party Services. The relevant third parties are solely responsible for their content and services. You are responsible for your use of any Third-Party Services and for the submission of information to any third parties. Any dealings or business conducted with the providers of any Third-Party Services are solely between you and such third party. You agree that we are not responsible for any actual or alleged damages associated with your use of any Third-Party Services. When you leave the Sites, these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
- Unless stated otherwise by Nestfully in these Terms, or elsewhere by us in writing, we do not have an affiliate relationship with any Listings or the providers of any Third-Party Services, and we do not receive payment or other valuable consideration in connection with your dealings or transactions in connection with any Listings or Third-Party Services accessible via the Sites.
You may be required to pay fees to access certain features of the Sites. Such fees will be presented to you on the relevant portion of the Sites. All fees are in U.S. dollars and are non-refundable. You will be asked to supply certain information relevant to your payment, including information about your method of payment (such as your payment card number and expiration date) and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH THE SITES.
You further agree to provide current, complete, and accurate information in connection all payments. You agree to promptly update your account and other information, as applicable, so that we can process your payment and contact you as needed. By submitting any payment information to the Sites, you grant Nestfully the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you. Verification of information may be required prior to the acknowledgment or completion of any payment. If we change any fees associated with your use of the Sites, including by adding fees or charges, we will provide you with notice of those changes by means that we deem reasonable. If you do not accept the changes, you must stop using the relevant portion of the Sites.
The Sites and all content thereon, including text, HTML or other code, pages, graphics, images, icons, audio clips, software and all other materials associated or within the Sites; the compilation of such materials; the “look and feel” of the Sites and all products, services, databases; and all other intellectual property of Nestfully or its licensors or service providers, and all parts and derivatives thereof (the “Content”), are and shall remain the sole property of Nestfully and its licensors and service providers (as applicable), including all associated copyrights and other intellectual property rights.
We are providing you with access to the Sites pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. Nothing pertaining to your use of the Sites (including the payment of any fees) shall be deemed to grant or transfer to you any ownership rights in the Sites, including the Content. Use of the Sites are subject to the Terms. Unless otherwise specified, the Sites are provided for your personal non-commercial use only. No portion of the Content may be used or otherwise exploited for any purpose in any form without the express written permission of Nestfully and, as applicable, its licensors and service providers. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the Content without express written permission from Nestfully.
You agree to abide by and not to remove, modify or obscure any copyright or other proprietary rights notices and usage restrictions on the Sites, or any Content or other materials, or on any copies or versions thereof. All rights not expressly granted are reserved.
The Nestfully name and logo, and other logos and product and service names on the Sites are the trademarks or registered trademarks of Nestfully or its licensors. These marks may not be used for any purpose without the express written permission of Nestfully and/or its licensors, as applicable.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Nestfully’s designated agent, following the procedure set forth in the document which can be reached by clicking on the “Copyright Claims” link located in the footer section of the Sites.
Content that You Submit to the Sites
Any User Content, including any Listings and materials associated therewith, feedback, data, questions, comments, suggestions, or ideas that you submit to or otherwise make available on the Sites shall not be deemed confidential, and Nestfully will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation or liability. You will retain ownership of any intellectual property rights that have in your User Content, but, in exchange for the opportunity to use the Sites, you automatically grant, or warrant that you and/or the owner of such content has expressly granted, Nestfully a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display your User Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses.
You agree that your User Content: (a) shall be true, accurate, current, complete and not misleading; (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights; (c) shall not be fraudulent or involve counterfeit or stolen information or items; (d) shall not violate any law, statute, ordinance or regulation; (e) shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any virus or malware that could in any way affect the operation of the Sites; and (f) shall not create any liability for Nestfully.
By submitting any user Content to the Sites, you expressly understand and agree that Nestfully shall have the right—but, to be clear, not the obligation—to monitor, evaluate, and analyze any use of and access to the Site and/or to remove any User Content from the Sites, for any reason, including to determine compliance with these Terms, or no reason at all. Nestfully shall have no liability to you or any other party in connection with the removal or suspension of, the decision not to post, or the delay in posting any User Content.
Your Use of the Sites
Your authorization to access and use the Sites is a privilege, not a right, and is subject to these Terms. You are responsible for your activities, transmissions and transactions while using the Sites and for any accounts that may be established by or for you (including for any payments accrued, and for any content and other materials you may access, submit, receive or transmit while using the Sites).
No Unauthorized Use Permitted
You agree not to use the Sites or any Content you may access to engage in any unauthorized or inappropriate conduct or for any unlawful purpose, as determined in our sole discretion. Broadly stated, this includes any conduct that is unlawful, untruthful, tortious or that is harmful to (or puts at risk) Nestfully or any other party or property; that violates another party’s privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property. Nestfully specifically prohibits any misuse of the Sites and requires all users to agree not to use the Sites for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Changing or deleting any ownership notices from materials downloaded or printed from the Sites;
- Engaging in conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Impersonating a third party or otherwise misrepresenting your affiliation with a third party or age;
- Soliciting personal information from anyone under 18 or soliciting passwords or personally identifying information for commercial or unlawful purposes;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or transferring (by any means) information or software derived from the Sites to foreign countries or certain foreign nations in violation of US export control laws;
- Using the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
- Attempting to interfere in any way with the Sites or Nestfully’s networks or network security, or attempting to use the Sites to gain unauthorized access to any other computer system;
- Attempting to circumvent Nestfully or any content filtering techniques we may employ;
- Attempting to access any service or area of the Sites that you are not authorized to access;
- Harvesting or collecting email addresses or other contact information of other users from the Sites by electronic or other means for the purpose of sending unsolicited emails, texts, calls, or other unsolicited communications;
- Using any robot, spider, crawler, scraper, interface, scripts, or other automated means to collect information or otherwise interact with the Sites;
- Engaging in any harassing, intimidating, predatory or stalking conduct;
- Harming Nestfully’s relationship with any buyer or seller of any property, or with any other party; and
- Using any metatags or any other "hidden text" utilizing "Nestfully" or any other name, trademark or product or service name of Nestfully or its affiliates without Nestfully’s prior written permission.
You agree to follow any acceptable use policies and other similar policies applicable to your use of the Sites (collectively, the “AUPs”). Any AUPs shall be considered “Additional Terms” as defined above in these Terms and, as such, shall be encompassed by any reference to the “Terms” herein.
Nestfully reserves the right to investigate, involve, and as Nestfully may deem appropriate, cooperate with appropriate authorities regarding any activities involving the Sites, and to disclose any information necessary for such purpose. All rights not granted expressly are reserved. Unauthorized attempts to violate the integrity of the Sites or any of Nestfully’s services, or to use Content, are strictly prohibited and may be punishable by law, including under the United States Copyright Act and the Computer Fraud and Abuse Act of 1986.
Email and Similar Communications
Nestfully prohibits the use of the Sites in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial email (“SPAM”), phone calls, or text messages.
You may not use the Sites to send SPAM, or send SPAM to any Nestfully subscribers or customers using information obtained from the Sites. You also may not authorize others to do so. Prohibited activities include, by way of illustration, sending unsolicited commercial email, phone calls, or text messages, sending large volumes of unsolicited email (whether or not commercial), and facilitating such activities. Nestfully communication tools and services may be used only for lawful purposes. You are responsible and liable for complying with all laws applicable to any communications that you send or authorize, including complying with the CAN-SPAM Act of 2003. Nestfully does not authorize the use of any Nestfully service to harvest or collect information about Nestfully subscribers, including screen names, email addresses, phone numbers, or similar contact information, for purposes of sending or enabling the dissemination of SPAM email, phone calls, or text messages, or any unlawful or other prohibited communications.
You may not send or authorize to be sent via any Nestfully service any communication that: (1) misrepresents the sender or the source of the communication (e.g., by forging any TCP-IP packet header or any information contained in the header of any email communication); (2) seeks to impersonate any person, or uses or contains invalid or non-existent domain names; (3) employs any technique to otherwise misrepresent, hide or obscure any source information; (4) constitutes deceptive addressing; uses or relays through a third party’s internet domain name without consent; (5) contains false or misleading information in the subject line or otherwise contain false or misleading content; or (6) that is harmful, threatening, harassing, or that would reasonably be expected to be harmful to Nestfully or any of its customers or subscribers.
Nestfully reserves the right to take any appropriate legal action and to implement technical remedies to enforce this policy or to respond to actual or suspected violations. Violation of this section may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. Nestfully may immediately investigate and terminate any account which it determines, in its sole discretion, is violating this policy. Failure to act in any instance does not amount to a waiver of any of Nestfully’s rights, all of which are reserved.
Right to Monitor and Terminate Use
Although Nestfully has no obligation to monitor any user conduct on the Sites, Nestfully reserves the right, and has absolute discretion, to monitor any user conduct on the Sites at any time and for any reason without notice.
Nestfully reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent your future access to and use of the Sites for any or no reason. Any use of the Sites in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Sites. The Terms remain in effect even if your account is terminated.
Right to Modify or Terminate the Sites
We reserve the right, at any time and in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any service, content, feature or product offered through the Sites.
Security and Use of Accounts
You are solely responsible for your own security in using the Sites, and for selecting and implementing any precautions you deem to be appropriate and best suited for your use of the Sites.
If any portion of the Sites requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are responsible for maintaining the security and confidentiality of your login credentials and you accept responsibility for all acts and omissions that occur under your accounts.
You agree to notify Nestfully immediately of any unauthorized use of your accounts or any other breach of security. Nestfully will not be liable for any loss that you may incur as a result of someone else using your password or accounts, either with or without your knowledge. However, you may be held liable for losses incurred by Nestfully or another party due to someone else using your accounts or passwords. You may not use anyone else’s account at any time, without the permission of the account holder.
Violations of system or network security may result in civil or criminal liability. Nestfully will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following:
- Accessing data not intended for you or logging into a Nestfully server or account, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of the Sites, our provision of services to any other visitors to the Sites, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding,” “mail bombing” or “crashing” the Sites;
- Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting on the Sites; or
- Compromising the Sites’ security in any way.
Your submission of personal information through the Sites are governed by our Privacy Statement, which can be reached by clicking on the “Privacy Statement” link located in the footer section of the Sites (the “Privacy Statement”). The Terms incorporates by reference the terms and conditions of the Privacy Statement.
Errors, Inaccuracies, and Omissions
There may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to subscriptions, product descriptions, pricing, promotions, offers and availability, including materials associated with Listings. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if we determine that any information on the Sites is inaccurate at any time without prior notice (including after you have initiated a transaction) and you agree that we shall have no liability for any such actions.
Who We Provide the Sites To
Nestfully only extends services to adults. Nestfully reserves the right to refuse service, terminate accounts, remove or edit content, or cancel memberships and transactions in its sole discretion.
Disclaimer of Warranty
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR ANY WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS, NESTFULLY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARISING THROUGH COURSE OF DEALING OR PERFORMANCE, ANY WARRANTIES THAT ACCESS WILL BE UNINTERRUPTED, ERROR FREE, FREE OF MALFUNCTIONS, COMPLETELY SECURE, OR NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS. NESTFULLY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE SITES, ALTHOUGH NESTFULLY MAY MODIFY THE SITES AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE SITES ARE AT YOUR SOLE RISK.
WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, NESTFULLY DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL NESTFULLY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability
IN NO EVENT SHALL NESTFULLY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF NESTFULLY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMITTED BY LAW, NESTFULLY’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS OR SERVICES FROM THE SITES.
NESTFULLY IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF, OR YOUR INTERACTIONS WITH, USERS OF THE SITE (WHETHER ONLINE OR OFFLINE), NOR IS NESTFULLY RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR HARM ASSOCIATED THEREWITH.
IN ADDITION, WHEN USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF NESTFULLY, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITES. ACCORDINGLY, NESTFULLY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Nestfully, its stockholders, directors, officers, employees, agents and affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, in any way arising from, related to or in connection with your violation of the Terms, your User Content (including any third-party claim that any such content infringes any third-party proprietary rights), or your misuse of the Sites. We reserve the right, at our expense, to assume exclusive defense and control of any matter subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.
User Created Hyperlinks to Sites
Nestfully grants users a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Nestfully or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Nestfully logo or other proprietary graphic of Nestfully to link to the Sites without the express written permission of Nestfully. Further, you may not use, frame or utilize framing techniques to enclose any Nestfully trademark, logo or any of the Content without Nestfully's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright or proprietary right of Nestfully or any third party.
Dispute Resolution & Agreement to Arbitrate
By using the Sites, you and Nestfully agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
- You must send notice (1) by electronic mail to [email protected] and (2) by first-class or certified mail to Nestfully, LLC, Attn: Legal Department, 9707 Key West Ave., Suite 300, Rockville MD 20850-3915
- We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.
Both you and Nestfully agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Nestfully agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Notwithstanding the foregoing, in lieu of arbitration either you or Nestfully may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.
Choice of Law & Forum
These Terms have been made in and shall be construed in accordance with the laws of the United states (including federal arbitration law) and the state of DE, without giving effect to any conflict of laws principles. Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in DE and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.
You and Nestfully acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
- You may not assign the Terms without Nestfully’s prior written consent; Nestfully may assign the Terms upon notice to you.
- The Terms are an agreement solely between you and Nestfully. The Terms does not create, and you and Nestfully expressly disclaim, any third-party beneficiary relationships.
- If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
- The waiver of any provision of the Terms shall not be considered a waiver of any other provision or of Nestfully’s right to require strict observance of each of the Terms herein.
- The section titles in the Terms are for convenience only and have no legal or contractual effect. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of language being illustrated. Any limited or specific disclaimers or limitations of liability found in these Terms (including the provisions of the Section “Specific Content Disclaimers”) shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in these Terms.
- Except as expressly stated otherwise, the Terms, together with the Privacy Statement, the AUPs and Additional Terms (all of which are incorporated into the Terms) collectively constitutes the entire agreement between you and Nestfully govern your use of the Sites. All provisions of the Terms that by their nature or understanding reasonably should survive the termination of the Terms shall survive.
- You may reach Nestfully at the contact information provided below in the “Contact Information” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions, comments, or concerns about the Sites, please send an email to [email protected] or write to us at the following address:
Attn: Legal Department
9707 Key West Ave., Suite 300
Rockville MD 20850-3915