Last revised: August 15th, 2016
When you visit a third-party site that embeds our plugins, we receive information that those pages have loaded in your web browser. If you are logged in as a Member when you visit sites with our plugins, we may use this information to recommend tailored content to you. We may use this information to personalize the functionality we provide on third-party sites. Our retention of this data is addressed in Section 4. We may provide reports containing aggregated impression information to companies hosting our plugins and similar technologies to help them measure traffic to their websites, but no personal data. You also allow us to receive information about your visits and interaction with the sites and services of our partners that include our cookies and similar technologies, unless you opt out here. If you are not a Member, we rely on the online terms between you and our partners.
When you visit or leave our Services (whether as a Member or Visitor) by clicking a hyperlink or when you view a third-party site that includes our plugin or cookies (or similar technology), we automatically receive the URL of the site from which you came or the one to which you are directed. Also, advertisers receive the URL of the page that you are on when you click an ad on or through our Services. We also receive the IP address of your computer or the proxy server that you use to access the web, your computer operating system details, your type of web browser, your mobile device (including your mobile device identifier provided by your mobile device operating system), your mobile operating system (if you are accessing the Services using a mobile device), and the name of your ISP or your mobile carrier. We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we use to show you local information on our mobile applications and for fraud prevention and security purposes. Most mobile devices allow you to prevent real time location data being sent to us, and of course we will honor your settings. In the case of our Android apps, you will be provided notice of the types of data (e.g. location) that will be sent to us. If you choose to use our app after this notice, we process this data to enable registration or preview product features for you. If you choose not to become a Member, we will delete this information.
If you connect to the Services using your Facebook or Google credentials, you authorize us to collect your authentication information, such as your username, encrypted access credentials, and other information that may be available on or through your Facebook or Google account, including your name, profile picture, country, hometown, e-mail address, date of birth, gender, friends’ names and profile pictures, networks and Google contacts
We communicate with you through email, notices posted on the Services, messages to your inbox in the Services, and other means available through the Services, including mobile text messages and push notifications. Examples of these communications include: (a) welcome and engagement communications (e.g. informing you about how to best use our Services, new features, or updates about other Members you are connected to and their actions); (b) service communications (service availability, security, and other issues about the functioning of our Services); (c) promotional communications (including both external email and messages in the Services, and may contain promotional information directly or on behalf of our partners). These messages will be sent to you based on your profile information and messaging preferences. You may change your email and contact preferences at any time by accessing your Profile settings. You can also opt out of promotional messages by sending a request to us at firstname.lastname@example.org. Please be aware that you cannot opt out of receiving service messages from us.
We use information and content that you and other Members provide to us to conduct research and development for the improvement of our Services in order to provide you and other Members and Visitors with a better, more intuitive experience and drive membership growth and engagement on our Services. We also customize your experience and the experiences of others on our Services. We try to show you content and communications that are relevant to you.
We may share your personal information with entities controlled by, controlling or under common control with SoldNest, Inc. ("Affiliates"), as reasonably necessary or convenient to providing the Services. You are consenting to this sharing.
Polls and Surveys may be conducted by us, Members, or third parties. Some third parties may target advertisements to you on the results page based on your answers in the poll. We or third parties may follow up with you via e-mail or messaging in the Services regarding your participation unless you have opted out of receiving messages. We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide personal information to the third party fulfilling the incentive offer, which will be used only for the purpose of delivering incentives and verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive. Your consent to use any personal information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it.
It is possible that we may need to disclose personal information, profile information, or information about your activities as a Member or Visitor when required by law, subpoena, or other legal process, whether in the United States or other jurisdictions, or if we have a good faith belief that disclosure is reasonably necessary to (a) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (b) enforce the Agreement, investigate and defend ourselves against any third-party claims or allegations, or protect the security or integrity of our Services; or (c) exercise or protect our rights, property, or safety and that of our Members, personnel, or others. We may notify Members about legal demands for their personal information when appropriate in our discretion and unless prohibited by law or court order or when the request is an emergency. We may dispute those demands, in our discretion, if we believe they are over broad, vague or lack proper authority, but we do not commit to challenge every demand and you have no right to require us to challenge any demand and we have no liability to you if we do not.
We may employ third party companies and individuals to facilitate our Services (e.g. maintenance, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to us not to disclose or use it for other purposes.
We may transfer your information and process it outside your country of residence, wherever we, our Affiliates and our service providers operate.
We retain the personal information you provide while your account is in existence or as needed to provide you services. We may retain your personal information even after you have closed your account if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes between Members, prevent fraud and abuse, enforce the Agreement or otherwise in our discretion. By visiting your [PROVIDE LINK], you can correct, amend, add or delete personal information associated with your account. However, even after you update information, we may maintain a copy of the original information in our records.
California Civil Code Section 1798.83, known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.
We have implemented security safeguards designed to protect the personal information that you provide in accordance with industry standards. Access to your data on our Services is password-protected, and data such as credit card information is protected by SSL encryption when it is exchanged between your web browser and the Services. [We also offer secure https access to our website]. However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information that you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information.
Last revised: August 15th, 2016
1.1 You agree that by clicking "I Agree," "Join Now," "Sign Up" or similar, registering, accessing or using our services (including our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, "Services"), you are entering into a legally binding agreement (even if you are using our Services on behalf of a corporation or other legal entity).
1.3 Registered users of our Services are "Members" and unregistered users are "Visitors." This Agreement applies to both.
1.5 We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
You represent and warrant that (a) you are legally able to enter into this Agreement (including, if you are entering into this Agreement for a corporation or other legal entity, that you are authorized to bind that entity), (b) you are at least 18 years old (or, if applicable law requires you to be older in order to enter into this Agreement or for us to provide the Services to you, that you are the required age), (c) you have only one account which is in your real name (accounts for legal entities may have multiple authorized users according to our policies), (d) you are not already restricted by us from using the Services, and (e) you are a resident of the United States of America and you are not accessing the Services under the jurisdiction of any other country. Without limiting the foregoing, the Services are not available to any person resident in the European Union or any person accessing it under the jurisdiction of the European Union.
You (a) will keep your password a secret, (b) will not share an account with anyone else (accounts for legal entities may have multiple authorized users according to our policies), (c) will follow our rules and the law. You are responsible for anything that happens through your account unless you close it or report misuse. If you are an authorized user on a legal entity account, the legal entity controls the account (which is different from your personal account) and may terminate your access to it.
2.3 In using the Services, you will (a) comply with all applicable laws, (b) at all times provide accurate information to us and keep it updated, and (c) comply with the Acceptable Use Policy and any rules or policies we may adopt from time to time that are not inconsistent with the terms of this Agreement (the "Rules").
2.4 In using the Services, you will not (a) send spam or other un welcomed communications to others, (b) scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work), (c) disclose information that you do not have the right to disclose (such as confidential information of others, including your employer), (d) violate our intellectual property rights or those of other persons, including patents, trademarks, trade secrets, copyrights or other proprietary rights, (e) post or otherwise transmit software viruses, worms, or any other harmful code, (f) manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services, (g) copy or use the information, content or data of others available on the Services (except as expressly authorized), (h) copy or use our information, content or data in connection with a competitive service, (i) copy, modify or create derivative works of the Services or any related technology (except as expressly authorized by us), (j) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part of them, (k) imply or state that you are affiliated with or endorsed by us without our express consent, (l) rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data, (m) sell, sponsor, or otherwise monetize any feature of the Services, without our consent, (n) deep-link to our Services for any purpose other than to promote your profile or as expressly allowed by the documentation we provide for any API we may make available from time-to- time, in each case without our expressly prior consent, (o) remove any copyright, trademark or other proprietary rights notices contained in or on the Services, (p) without our expressly prior consent, use automated methods to access and use the Services except as expressly allowed by the documentation we provide for any API we may make available from time-to- time, (q) monitor the Services' availability, performance or functionality for any competitive purpose, (r) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services, (s) access the Services except through the interfaces we expressly provide, (t) circumvent or override any security feature of the Services, or (u) interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms. Crawling our website is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without our prior written consent.
You will only provide content or information that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful.
By submitting to us suggestions or other feedback regarding our Services ("Feedback"), you agree that we can use and share (but do not have to) that feedback for any purpose without compensation to you.
We are not obligated to publish any information or content on our Services and can remove it in our sole discretion, with or without notice, including any content we believe violates the Acceptable Use Policy or otherwise violates this Agreement, the Rules or applicable law. We have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
We may change, suspend or end any Services, or change and modify prices prospectively in our discretion. To the extent allowed under applicable law, these changes will be effective on notice to you. We reserve the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. We reserve the right to restrict, suspend, or terminate your account for any reason or no reason, including if we believe that your use of the Services violates the Acceptable Use Policy or otherwise violates this Agreement, the Rules or applicable law.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our Members. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it. You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your account, that app or site can access information on the Services related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites and apps -- use these at your own risk.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), we have implemented procedures for receiving written notification of claimed infringements. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication (in each case, according to Section 5.5) which contains:
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a counter-notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication (in each case, according to Section 5.5) which contains:
Notices pursuant to Sections 5.3 or 5.4 must be submitted to us as follows to be effective: (a) through the online form located at [INSERT LINK], (b) by e-mail to email@example.com, or (c) by internationally-recognized overnight delivery service (e.g. DHL) to the following address: 900 E. Hamilton Av Campbell, Ca 95008.
For issues other than copyright infringement, information is available here [INSERT LINK] on how to flag and report other types of content violations. We provide this information as a courtesy, but we do not undertake to honor any requests you may make or to take any particular action (or any action at all) with regard to them.
TO THE EXTENT ALLOWED UNDER LAW, WE (AND OUR LICENSORS AND OTHERS WE WORK WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER LAW, WE, OUR LICENSORS AND OTHERS WE WORK WITH TO PROVIDE THE SERVICES) WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT WILL OUR LIABILITY (AND THAT OF OUR LICENSORS AND OTHERS WE WORK WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE AMOUNT OF FEES YOUR PAID PREMIUM SERVICES, IF ANY, DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST INSTANCE OF THE CIRCUMSTANCES ESTABLISHING LIABILITY, AND (B) US$[____]. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US AND WILL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WE HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
You agree to indemnify us, our affiliates and our and our affiliates' respective directors, managers, partners, officers, employees, shareholders, members and agents harmless for all from and against any and all liabilities, claims, liens, obligations, damages, losses, costs, fees and expenses, including fines, assessments and penalties, and reasonable investigatory and attorney’s fees and disbursements based on, relating to, concerning or arising out of related to (a) your failure to comply with this Agreement, including your submission of content or information that violates third party rights or applicable laws, (b) any content or information you provide to us or post through the Services, and/or (c) any activity in which you engage on our website or using the Services.
We or you may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following will survive termination: (a) our rights to use and disclose your Feedback, (b) Members and/or Visitors' rights to further re-share content and information you shared through the Services to the extent copied or re-shared before termination, (c) Sections 2.3 (as to amounts due before termination or under provisions surviving termination), 3, and 5-9, (d) any obligation to pay owed by one party to the other before termination
This Agreement will be governed by the domestic internal laws of the State of California, U.S.A. Subject to Section 9.2, exclusive venue for the resolution of any dispute between the parties relating to or arising from this Agreement will be in the state and federal courts for Santa Clara County, California, U.S.A. and the parties hereby submit themselves to the personal jurisdiction of those courts.
Binding, confidential arbitration pursuant to this Section 9.2 will be the only remedy for any dispute or claim of any kind, including third-party claims arising under, concerning, or relating to this Agreement, its interpretation, its validity (including any claim that all or any part of this Agreement is void or voidable), its termination, or its subject matter, whether sounding in contract, tort, equity, statutory law, administrative regulation or otherwise (a "Claim"). Any Claim, will be resolved in a confidential expedited arbitration administered by the American Arbitration Association ("AAA") in Santa Clara County, California in accordance with the AAA’s Commercial Arbitration Rules (the "Rules") then in effect. Any Claim submitted to arbitration will be decided by a single, neutral arbitrator (the "Arbitrator") mutually agreed by the parties or, if they cannot agree within 15 business days of the commencement of arbitration, in accordance with the Rules. The Arbitrator must be qualified as a California attorney who has at least ten years of prior professional experience in private practice as a business or commercial litigator. The Arbitrator will have the exclusive power to adjudicate the alleged breach, enforcement, interpretation or validity of this Agreement, including as to the scope or applicability of this arbitration clause. Discovery within the arbitration will be limited as reasonable or necessary by the Arbitrator. In connection with document and written discovery, the responding party will be entitled to recover all of its actual costs and expenses incurred in searching for and reviewing responsive documents, including electronically stored information. All AAA fees and costs will be borne equally by the parties, except that in rendering the award, the Arbitrator will allocate and award an appropriate share of the prevailing party’s reasonable attorneys’ fees and costs, including the Arbitrator's fees, to the losing party. Judgment on any arbitration award may be entered and enforced by any court of competent jurisdiction. The Arbitrator shall not have the power to award damages in connection with any Claim in excess of actual compensatory damages and will not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. This Section 9.2 is not and will not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with arbitration of disputes or claims of any other person (including other Members or Visitors), regardless of the nature of the issues or disputes involved. EACH PARTY EXPRESSLY AGREES AND UNDERSTANDS THAT BY AGREEING TO ARBITRATION, IT IS WAIVING THE RIGHT TO A JURY TRIAL OR TO A CIVIL ADMINISTRATIVE TRIBUNAL, INCLUDING AN ADMINISTRATIVE LAW JUDGE.
You agree that we may provide notices to you in the following ways: (a) a banner notice on the Services, (b) an email sent to an address you provided, or (c) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date. We agree that you may provide notices to us in the following ways: (a) by e-mail to firstname.lastname@example.org or by nationally-recognized overnight delivery service (e.g. U.P.S.) to the following address: 900 E. Hamilton Av #100 Campbell, Ca 95008. Through the Services, you can make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making those requests, you authorize us to share your personal information including your home search history, favorites and saved searches, with a real estate professional (one of our real estate agents or staff members, or a Partner Agent). When you make such a request to us you are extending an express invitation for us, or another appropriate entity or person, to contact you. We may refer you to a Partner Agent in our discretion. For purposes of this Agreement, a "Partner Agent" means a real estate agent who is employed by or works with another brokerage, but has teamed up with us to provide
If a court with authority over this Agreement finds any part of it not enforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement.
This Agreement is the only agreement between us regarding the Services and supersedes all prior agreements, discussions, negotiations and communications of any kind by or between you and us. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only.
If either party does not act to enforce a breach of this Agreement, that does not mean that party has waived its right to enforce this Agreement.
You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our express prior written consent. We may assign this Agreement freely.
There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement, effective on notice to you, provided that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services. Except as provided in the two preceding sentences, this Agreement may be amended only by the express written consent of both parties (including, in our case, the signature of an executive officer of SoldNest, Inc.).
Last Modified: August 15th, 2016
We are proud of the trust placed in us. In exchange, we trust you to use our services (the "Services") responsibly.
You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services or your access to the Services to do the following things.