The content on the Site, other than User Content (defined below) and certain publicly available information, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) and the NESTIGATOR word marks and NESTIGATOR design marks, as well as certain other of the names, logos, and materials displayed on or through the Site that constitute trademarks (“Marks”) are owned by or licensed to Nestigator and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.
2. Use of the Site and Content
You warrant that you will not use Nestigator in any way prohibited by these terms, conditions and notices. Prohibited content and activities include, without limitation, the following:
(a) violating any local, state, national/federal, or international law or regulation;
(b) using Nestigator if you are not able to form a legally binding contract or are under the age of 18, or are temporarily or indefinitely suspended from Nestigator;
(c) copying, modifying, republishing or distributing content from the Nestigator website or mobile app or Nestigator’s copyrights and trademarks, including harvesting or otherwise collecting information about users, including email addresses or other personally identifiable information without the user’s consent;
(d) transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(e) transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(f) knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limiting the functionality of any computer software or hardware, networking or telecommunications equipment;
(g) stalking, harassing, or harming another individual;
(h) circumventing or manipulating our fee structure, billing process, or fees or subscriptions owed to Nestigator by a customer or client, including offering Nestigator renters concessions less favorable than those offered to non-Nestigator renters;
(i) impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity, including providing inaccurate contact information or other information relative to your move or property;
(j) interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site;
(k) launching any automated system, including, without limitation, “robots”, “spiders”, “offline readers”, that accesses the Site in a manner that sends more request messages to the Site in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
(l) using Nestigator to advertise Property owned by another person or entity, unless you are the duly authorized property manager, representative, or agent of the Property Owner and can bind such Property owner, and your representation of such person or entity complies with all applicable laws; and
(m) transmitting to Nestigator, any customer or any user of the site any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; (ii) are libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, tortious, invasive of another’s privacy, hateful, or otherwise objectionable; or (iii) distributing or containing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(n) scraping either the screen or database with automated queries, including automated bots, spiders, crawlers, or any automated activity with the purpose of gathering and obtaining information from the Nestigator Services. All such activities are prohibited, unless you have express written permission or a license agreement with Nestigator to do so. Search Engines may query the Nestigator site and render and provide an Index with links to the Services but only within allowable Fair Use guidelines as provided by Copyright law.
Subject to the restrictions set forth in the following paragraphs, you may copy information from the Nestigator Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree not to reproduce, modify, distribute, display or provide access to, create new and different works from the Nestigator data, decompile, disassemble or reverse engineer any portion of the Nestigator Services. You may share and distribute of the Nestigator Services information related to specific properties and any compilation of the data, so long as Nestigator is mentioned as the original source of the data.
3. User Content and User Generated Content
The Site may enable you to submit your personally identifiable information and personal content to the Site for hosting, display, and distribution to other users of the Site (collectively “User Content”), such as posting messages and other content to community and interactive areas of the Site. When you provide Nestigator with User Content or User Generated Content, you hereby grant to Nestigator and its affiliates, representatives and assigns a non-exclusive, worldwide, fully paid, royalty free, transferable, sub-licensable, license and permission to display, publicly perform, distribute, store, transcode, syndicate, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. User Content may be available to other users of the Site. Nestigator reserves the right to display advertisements in connection with your User Content and to use your User Content to advertise and promote your User Content, the Site and Nestigator. Nestigator reserves the right to modify User Content in its sole and absolute discretion. A User that submits Content retains no rights of attribution, unless such User provides such registered information relating to the content as registered with CreativeCommons.org. Nestigator is not required to host, display, or distribute any User Content, and may delete, move, or edit User Content at any time. Nestigator does not, as part of a regular, established practice, monitor, control, or have knowledge of any User Content transmitted on or through the Site. You agree that you are solely responsible for all User Content you transmit and receive on or through the Site. You agree and authorize Nestigator to provide your name and contact information and other identifying information to the real estate agent, financial services expert (which could be a lender, mortgage broker, broker or other real estate expert). You agree and understand that by submitting your name and contact information that you may receive telemarketing calls from or on behalf of these real estate and financial services representatives.
You represent and warrant that:
(a) you own all rights in your User Content (including, without limitation, all rights to the photographs, audio, video, or digital recordings, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to Nestigator the rights in your User Content described herein;
(b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content;
(c) you are the individual pictured or heard in your User Generated Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) or place that appears in or is heard in your User Generated Content to enable you to grant the rights to Nestigator described herein;
(d) you will make such permissions available to Nestigator upon request; and
(e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
You agree to keep all records necessary to establish that your User Content do not violate any of the foregoing representations and warranties and to make such records available to Nestigator upon Nestigator’s request.
4. Advertising and Ads
The Nestigator Service and business model is supported through advertising. You authorize and agree that the Nestigator Services will include advertisements and that these are necessary to support the Site. The Nestigator Service will serve ads to you based upon the information that you share and we collect while you use the Nestigator Service.
5. Information Services
Nestigator allows its Site visitors to provide anonymous information to banks, lenders, originators, loan / mortgage brokers and their respective employees (hereafter “Lenders”) to request quotes on terms for their home loans or otherwise. Lender may or may not choose to respond to these requests for information to you via the Nestigator Services with non-binding customized quotes of terms they would offer to a qualified borrower. Such quotes are not intended to be Good Faith Estimates as set forth in the Real Estate Settlement Procedures Act. Lenders will respond based on the information provided to them by you and will evaluate based upon their own unique requirements. If such a Lender does respond to you, then any agreement or loan or other business between you and the Lender is between you and the Lender. Nestigator is not a Lender, mortgage broker, loan originator, loan processor or underwriter. Any request for quote or pre-approval is not an application for credit or a loan. Nestigator does not endorse or recommend the products or services of any specific Lender. Nestigator expressly disclaims any responsibility for any result or consequence related to any action that a consumer takes based on the Nestigator Services. Lenders using the Nestigator Services are solely responsible for their services to consumers. Nestigator shall not be liable for any damages or costs arising out of or in any way connected with any consumer’s use of the Service. Nestigator is not responsible for any errors or delays caused by consumers or any Lenders in the loan process. Nestigator reserves the right to terminate or discontinue or suspend the participation of any Lender to the Nestigator Services. Consumers should confirm the authenticity and credentials of any Lender they choose to contact in conjunction with the Service.
You further agree that Nestigator and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content (“Feedback”), whether oral or written, that you may send to Nestigator or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Nestigator has no duties to you, with respect to such Feedback.
7. Digital Millennium Copyright Act
Nestigator respects the intellectual property rights of others. Upon proper notice, Nestigator will remove User Content or User Generated Content or other applicable content that violate copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, Nestigator has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Nestigator’s copyright agent (listed below) a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit Nestigator to locate the material on the Site;
(c) information reasonably sufficient to permit Nestigator to contact you, such as an address, telephone number, and, if available, an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright Nestigator, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright Nestigator or authorized to act on the copyright Nestigator’s behalf; and
(f) your physical or electronic signature.
Please send all of the above enumerated information to the following Nestigator copyright agent:
727 W. 7th Street, Suite 1522
Los Angeles, CA 90017
Please do not send notices or inquiries unrelated to alleged copyright infringement to Nestigator’s designated agent.
8. Links to and from other Websites
The Site may provide, or users of the Site may provide, links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that Nestigator is not responsible for the availability of such websites or resources, and Nestigator does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Nestigator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products, or services available on or through any such website or resource.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NESTIGATOR AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). NESTIGATOR AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE;
(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
(d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
(f) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
NESTIGATOR AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NESTIGATOR AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NESTIGATOR OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. Limitation of Liability
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NESTIGATOR OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SITE.
11. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Nestigator may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Nestigator’s liability shall be the minimum permitted under such applicable law.
13. Force Majeure
Without limiting the foregoing, under no circumstances will Nestigator be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
15. Modifications to the Site
Nestigator reserves the right to modify or discontinue the Site with or without notice to you. Nestigator shall not be liable to you or any third party should Nestigator exercise its right to modify or discontinue the Site.
16. Other Provisions
17. Arbitration Agreement
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Nestigator will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor Nestigator may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Nestigator’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. This Section 15 will survive the termination of your relationship with Nestigator.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NESTIGATOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.