Terms of use

By using PropertyNest Web site, related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").

  1. Permissible Use. Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale or rent). Without limitation, lending professionals and institutions are prohibited from using information provided by PropertyNest through the Services in making any loan-related decisions. The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, you agree not to provide/post/authorize a link to any of the Services (including but not limited to your agent profile page) from a third party website that is not a real estate related website owned or operated by a real estate or lending professional or institution.
  2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
    • Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms PropertyNest, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches the PropertyNest Rentals Terms or any other policy or notice on the Services. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services.
    • Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from PropertyNest. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law.
    • Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html
    • Calls.
    • If you, as a consumer, choose to contact a real estate agent (as defined below) through the Services by filling out a contact or other request form on the Services, you authorize PropertyNest to provide your name and contact information and other identifying information you provide to the applicable real estate agent. You acknowledge that, by submitting your contact request or other request form on the Services, you may receive telemarketing calls from or on behalf of the real estate agent at the telephone number(s) you provide.
    • The Services may provide phone numbers that can connect you with PropertyNest, its service providers, or other third parties, such as real estate agents.
    • Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to PropertyNest in connection with the Services (your "Submission"), you grant PropertyNest an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. PropertyNest will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. PropertyNest may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant PropertyNest the rights in this paragraph, that PropertyNest's use of the Submission will not infringe any third party rights and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.
  3. PropertyNest will not use client contact information that is uploaded by agents into the PropertyNest portal for any purpose.
  4. You may not share your user account(s) with others. You are responsible for all actions taken via your account. PropertyNest will treat your use of the Services in accordance with its Privacy Policy. Certain PropertyNest functionalities may involve the distribution of your Submission to third party Websites over which PropertyNest has no control. PropertyNest is not responsible for and makes no warranties or representations pertaining to these third party Websites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.
  5. Advertising. PropertyNest's business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, PropertyNest may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.
  6. Additional Terms for Use of Certain Services.
    • PropertyNest services can be cancelled at any time by emailing support@propertynest.com or selecting “Delete Account” under the Profile settings. If at the time of deletion, the user has unused points left in their account, the user forfeits the remaining points. PropertyNest does not issue any refunds for unused points.
  7. Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then PropertyNest grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use (for example, Sections 1, 2, 11, and 12).
  8. Linked Materials and Third-Party Materials. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. PropertyNest does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that PropertyNest has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and PropertyNest takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
  9. Claims of Copyright Infringement. PropertyNest respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify PropertyNest's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
    • Identification of the copyrighted work that you claim has been infringed;
    • Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
    • Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
    • A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
  10. Notices of copyright infringement claims should be sent as follows:
  11. If relating to content on PropertyNest
  12. By mail:
  13. PropertyNest, LLC.
  14. 96 Adelphi St. 1B
  15. Brooklyn, NY 11205
  16. By e-mail: support@propertynest.com
  17. If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
  18. Intellectual Property. The Services are the property of PropertyNest, and subject to the intellectual property rights of PropertyNest and its licensors. ©2017-2018 PropertyNest, LLC. All rights reserved. You may not use any of PropertyNest's trademarks as part of your screen name or email address on the Services.
  19. PropertyNest does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.
  20. NO WARRANTY. PROPERTYNEST PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROPERTYNEST AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PROPERTYNEST AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
  21. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL PROPERTYNEST BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST PROPERTYNEST WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
  22. Changes; Discontinuance. PropertyNest reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to PropertyNest's properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. PropertyNest may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
  23. Indemnification. You agree to defend and hold PropertyNest, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.
  24. Release. You release PropertyNest, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services.
  25. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. PropertyNest may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. PropertyNest's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and PropertyNest with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and PropertyNest with respect to the Services.

— Updated September 2020

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