Terms of Service

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website; https://www.nestready.co, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by NestReady.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and NestReady, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

The last update to our Terms of Service was posted on May, 20th 2017.

Definitions

The terms "us" or "we" or "our" refers to NestReady, the owner of the Website.

A "Visitor" is someone who merely browses our Website, but has not registered as Member.

A "Member" is an individual that has registered with us to use our Service.

Our "Service" represents the collective functionality and features as offered through our Website to our Members.

A "User" is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".

Legal compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. NestReady reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy. If you are an authorized MLS participant or MLS representative, you are authorized to access our Services to verify compliance with the applicable MLS rules, as specified in the MLS rules.

Other conditions

The services described in the Sites are not available in all geographical areas. No solicitation is made to any person in a jurisdiction where the provision of such information, materials, products or services are prohibited by law.

These Terms do not create an agency relationship, do not impose a financial obligation on you, or create any representation agreement between you and NestReady.

Your interest in the sale, purchase or rental of the type of real estate offered on our Sites is bona fide.

If you decide to register as a user on the Sites, it is necessary to provide a valid email address. We reserve the right to verify the validity of your email address and your agreement to these Terms prior to granting access to certain portions of the Sites.

NestReady is required to maintain a record of the name, phone number and email address, as well as username and password chosen by each registrant. Each record shall be kept and maintained for no less than 180 days. If the MLS has reason to believe the Sites have been subject to a security breach of the data or a violation of the respective MLS rules, we shall be required upon request to provide the MLS with a copy of the record and audit trail of any registrant identified by the MLS to be a suspect of involvement in the violation.

Any agreement entered between you and NestReady at any time that creates a financial obligation or agency representation must be established and agreed upon apart from these Terms.

If any inaccurate or incomplete data is found, you will notify NestReady as identified within our services. Data on the Sites is deemed to be reliable and valid, however NestReady does not offer a guarantee. It is your responsibility to independently verify information which you may rely upon or use.

Additional rules, terms and disclosures may apply to your usage of our Sites and Services in accordance with each respective MLS. Applicable terms and conditions will be displayed on the listing pages accessed on the Sites depending on the scope and location of your search. Residents of Colorado, Kansas, Minnesota, Missouri, North Carolina, South Carolina, Rhode Island and Texas are subject to additional disclosures.

NestReady, its affiliates, and employees may communicate with you through email, telephone, SMS and mail using the contact information you provided for the purposes of providing information and notices related to your real estate search, and services offered by NestReady and its affiliates. You are responsible for maintaining accurate contact information, and NestReady as well as its affiliates and employees are not responsible for your failure to receive information.

If you opt to request assistance from a real estate agent provided through our Sites, you expressly authorize us to provide them with your personal information and for such agent to contact you. You also authorize such agent to share information with NestReady. and its affiliates. If you request assistance related the financing of a property, you also authorize us to provide your contact and personal information to the lender, and for said lender to contact you. All business conducted between a lender and yourself is between the lender and yourself and does not include the implication of NestReady.

Any calls made through our Sites may be recorded and monitored for quality assurance purposes. By making calls through our Sites, you consent to the recording and monitoring of each call made.

Cashback. We may offer incentives to you in relation to the purchase, sale or rental of a property subject to state and federal laws. These incentives can be modified or terminated at any time without notice.

In order to receive additional service including comple real estate listings, you are required to agree to these Terms as per the respective MLS rules. You are authorized to use our services only as a registrant and can view restricted listing data if you have agreed to follow and be bound by all applicable laws in addition to these terms.

Intellectual property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind of our Website.

The listing content on this website is protected by copyright and other laws, and is intended solely for the private, non-commercial use by individuals. Any other reproduction, distribution or use of the content, in whole or in part, is specifically forbidden. The prohibited uses include commercial use, “screen scraping”, “database scraping”, and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by or displayed on this website. By using the Website, and agreeing to the Terms of Service, you acknowledge the Board/Association’s ownership of and the validity of the copyright in the MLS® database.

Restriction on use

You agree that you will not: i) Publish, publicly perform or display, or distribute any Materials to any third party, including reproduction on any computer network or broadcast or publications media; ii) Systematically collect and use any data or content, including using any data spiders, robots, or similar data gathering, mining or extraction methods; iii) Make derivative uses of the site, the database or any other materials. All data and information obtained from the Site is intended only for your personal, non-commercial use, and shall be used for no other purpose.

User submitted content

You may be able to post or upload to certain areas of the Site; messages, reviews, text, photos, videos, graphics, code, or other content or materials. You are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Website, you automatically grant NestReady a worldwide, royalty-free, perpetual, irrevocable and fully sublicensable non-exclusive license to publish, reproduce, distribute, display, adapt, and otherwise use this content. By accessing and/or using the Website, you may provide us with personal information as described in our Privacy Policy. You acknowledge that you have read and understood our Privacy Policy, which governs the collection, use, storage and disclosure of such personal information. User content shall not include any material which infringes the intellectual property rights of any third party, any material which promotes pornography, violence, or discrimination on the basis of race, sex, religion, nationality, disability, age, or sexual orientation, any material which is immoral, unethical, offensive, illegal, or in violation of Fair Housing or other laws. NestReady reserves the right to remove any comments deemed inappropriate and terminate access to our services.

Links to other websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. NestReady has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Idemnification

You agree to defend, indemnify, and hold harmless NestReady, its officers, directors, managers, members, agents, affiliates, employees, affiliated entities, successors and assigns from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from (I) Your Use Of And Access To The Website; (II) Your Violation Of Any Third Party Right, Including Without Limitation Any Copyright, Property, Or Privacy Right; Or (III) Any Claim That You Did Not Have The Right To Provide Any User Content Or That Your User Content Caused Damage To A Third Party.

Referrals

Agents with commission share agreements should refer to Referral Agreement that regulates your relationship with NestReady.

Disclaimer

Your use of this website is entirely at your own risk. the website and content is provided "as is" and without warranties or conditions of any kind. nestready does not warrant that the website or content contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.

Relationship

By agreeing to these "Terms of Use" you, the Registrant (client or prospect):

Acknowledge and understand that the Terms of Use do not create an agency relationship and do not impose a financial obligation on the Registrant or create any representation agreement between the Registrant and the Participant.

This website is operated by NestReady, a brokerage who is a member of The NAR. Some of the the content on this website is owned or controlled by the NAR. By accessing this website, the user agrees to be bound by these terms of use as amended from time to time, and agrees that these terms of use constitute a binding contract between the user, NestReady and the NAR.

Limitations of liability

in no event shall nestready, its officers, directors, managers, members, agents, affiliates, employees, advertisers or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including, but not limited to, loss of use, loss of profits or loss of data), whether in an action in contract, tort (including, but not limited to, negligence), equity or otherwise, arising out of or in any way connected with the use of this site, the materials or services.

The information contained on this site is based in whole or in part on information that is provided by members of the NAR, who are responsible for its accuracy.

General terms

Our Legal Terms shall be treated as though it were executed and performed in the Province of Quebec, Canada, and shall be governed by and construed in accordance with the laws of Quebec, Canada, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of NestReady under our Legal Terms shall survive the termination of our Legal Terms.

Questions about out terms of use

If you have any questions about our Privacy Practices or this Policy, please contact us at yourhome@nestready.co