Terms and Conditions
NestApple may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the NestApple website.
NestApple.com and NestApple Inc.
NestApple.com is a website of NestApple Inc. We do not provide appraisal, legal, fiscal, or other professional services. If you need legal, financial, or any other professional help you should seek out professional advice.
The services which are marketed on NestApple.com are provided by licensed real estate brokers and other professional service providers. NestApple Inc. is a licensed real estate broker.
Website Access and Communication
No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the NestApple website without express written permission from NestApple. NestApple has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, or abuses their rights related to the NestApple service.
NestApple utilizes email as a vital and primary communication channel with users. As a registered user or member of our newsletter or other distribution, users hereby acknowledge and grant NestApple the permission to communicate with users via email (as well as other communication channel such as phone and fax) for any purposes NestApple determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. NestApple will use best efforts to honor User’s request to opt out of marketing messages, but under no circumstances will NestApple have any liability for sending any email to its registered users. By becoming a member and or user of NestApple Inc., you acknowledge and agree that NestApple Inc., may record telephone and other electronic communications it has with you for NestApple Inc.’s internal business purposes, including but not limited to training and quality assurance purposes.
Use of Information
User agrees to treat all information obtained from the service, including listings, and any information otherwise made available to user in the service as proprietary to NestApple. NestApple does not ensure the accuracy of, endorse or recommend any content and user uses such content at the user’s own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
NestApple valuation reports and other similar information, reports and services, and any and all Content offered by NestApple to User ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY NestApple USER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
User shall limit access to and use of active property listings to personal and internal use, and shall not use any information obtained from the service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any content that is obtained from the service, or that is otherwise made available to the user in the service, for or in connection with any other listing service or device. User further shall not use the service in any other manner for or in connection with any other listing service or device. User shall not use the NestApple service as part of any effort to compete with NestApple including without limitation using the NestApple service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential NestApple user, nor shall user remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the NestApple Service. User shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy NestApple products, services or information; decompile, decode or reverse engineer NestApple software; or use NestApple products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
User agrees to pay for all services provided through the NestApple website. If payment is not current, NestApple may immediately cease to provide any and all services to the user. It is the User’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.).
Unsolicited Commercial Email (Spam)
NestApple prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Users may not use the Contact Seller, Email a Friend, Make an Offer, or other email services that NestApple offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. NestApple has the right to revoke the privileges of any User or company that breaches these terms.
NestApple reserves the right to terminate or suspend a User’s membership or website access privileges at any time for violations of this Agreement or upon a good faith determination of a violation of this Agreement. Cause for termination Includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of NestApple services, nonpayment of fees owed by you in connection with NestApple services, account inactivity or technical or security issues. Upon termination, NestApple shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
NestApple retains all rights (Including Intellectual Property Rights as defined below), title and interest in the NestApple Website, NestApple technology and brochures and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. User will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of NestApple’s technology or delete or alter author attributes or copyright notices. User shall use the NestApple system solely for its own use.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL NESTAPPLE BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE USER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF NESTAPPLE’S SERVICES, OR PRIVATE LISTING FUNCTIONALITY) ARISING OUT OF THIS AGREEMENT. User’s exclusive remedy, and NestApple’s entire liability under this Agreement shall be a refund to User of the fees paid to NestApple hereunder, and in no event will NestApple’s liability for any reason exceed such fee. NestApple (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from User’s use of the Deliverables, and User shall indemnify NestApple (and NestApple’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (Including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than User arising from User’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NESTAPPLE MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES OR PROPERTY FACTS INFORMATION, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND NESTAPPLE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. NESTAPPLE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO NESTAPPLE’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM NESTAPPLE’S WEBSITE IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO USER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NESTAPPLE OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Links to Third Party Sites
Waiver and Severability
The failure of NestApple to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees that the remaining terms and provisions remain in full force and effect.
Fair Housing Commitment
NestApple supports an affirmative marketing program in which there is an absence of barriers to obtaining housing due to race, color, religion, sex, handicap, familial status, sexual orientation or national origin. Any conduct Inconsistent with this policy will not be tolerated on the NestApple service and will be grounds for immediate termination of this agreement.
All notices to Company must be in writing and must be sent electronically to info@NestApple.com
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
This privacy statement covers the website www.NestApple.com. By accessing, using or registering with NestApple’s website, you accept and agree to NestApple’s Privacy Statement. NestApple values your privacy and feedback. Any user information we collect is considered private and we do not use or share it, except as permitted herein, without the user’s permission. We use this personal information at NestApple to provide the best quality service possible. The following privacy statement summarizes NestApple’s protection and use of any personal information provided by visitors to the NestApple site.
Security of personal information:
NestApple’s clients and their personal information are considered to be NestApple’s greatest asset and thus their privacy is treated with the utmost regard and respect. NestApple takes every reasonable precaution to secure personal information within both its computers and its physical premises.
The security of your personal information is important to NestApple.
Our Web site includes Social Media Features. Social Media Features are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy statement of the company providing it.
Changes to this Privacy Statement:
If NestApple decides to change its privacy statement, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
NestApple reserves the right to modify this privacy statement at any time, so please review it frequently. If NestApple makes material changes to this statement, we will notify you here, by email, or by means of a notice on our home page prior to the change becoming effective.