NestOffer Privacy Policy

Unless otherwise addressed in this agreement, your use of this Web Site is subject to NestOffer’s privacy policy, which is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of NestOffer’s privacy policy. NestOffer may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this Web Site.

Submissions

If you submit to us or post on the Web Site any property listing, testimonial, comment, review, suggestion or any work of authorship (collectively a submission) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. Cash or monetary offers are not final and are subject to change at anytime. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any moral rights in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

Disclaimers

ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, NestOffer DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER NestOffer, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. NestOffer DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE. NestOffer makes no representations, warranties or guarantees that use or results of the use of the Web Site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, NestOffer may modify, suspend, or discontinue any aspect or feature of this Web Site or your use of this Web Site. If NestOffer elects to modify, suspend, or discontinue the Web Site, it will not be liable to you or any third party. All agreements and forms contained within this Web Site is subject to the possibility of errors, omissions or withdrawal without notice. They are offered with the understanding that NestOffer is not engaged in rendering legal, tax or other professional services and that any agreements or forms you complete should be reviewed by an attorney and/or a tax advisor before being used by you. If legal, tax or other expert assistance is required, including but not limited to the review of these agreements and forms, the services of a competent professional should be sought. You acknowledge that your submission of any information to us is at your own risk. NestOffer does not assume any liability to you with regard to any loss or liability relating to such information in any way. Some of the content, products, and services available through the Web Site may include materials that belong to third parties. You acknowledge that NestOffer assumes no responsibility for such content, products or services.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT NestOffer) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER NestOffer, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NestOffer AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NestOffer IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, NestOffer’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NestOffer and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (I) any violation by you of the terms and conditions of this Agreement; (ii) your use or misuse of this Web Site; or (iii) any infringement by you of the copyright or intellectual property rights of any third party.

NOT AN APPRAISAL

The NestOffer Offer is not an appraisal, and does not necessarily represent the “market value” of your home. The NestOffer Offer is the purchase price NestOffer is willing to pay for your home. The NestOffer Offer is calculated by NestOffer using a propriety formula, based on information you have submitted to NestOffer, and publicly-available information regarding your property.

GENERAL

NestOffer requires its users to comply with all applicable laws, including but not limited to, individual state laws with respect to the sale or lease or real property. You agree that you will comply with all such laws applicable to you. NestOffer or its business partners may present advertisements or promotional materials on or through the Web Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Web Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that NestOffer is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Web Site. If you know of, or suspect, copyright infringement, please send a notice to NestOffer at [email protected] The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq. This agreement will be governed by the laws of the state of California. The exclusive jurisdiction for any claim, action or dispute with NestOffer or relating in any way to your use of the Web Site will be in the state and federal courts of the state of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in Santa Clara County, California. NestOffer may send notices to you with respect to your use of the Web Site by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by a posting a note on the Web Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from this agreement and shall not affect the validity and enforceability of any remaining provisions. You acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY NestOffer