This Terms of Service Agreement (this “Agreement”) is a binding agreement between you and Get Your Nest LLC and its affiliated companies (collectively, GYN, “we,” “us,” or “our”) providing the terms and conditions for your use of our Services.
By “Services,” we mean all the products and services owned and operated by Get Your Nest, including the content, features, data, and software made available through https://www.getyournest.com/ (the “Web Site”), our mobile applications, and other websites or applications we operate.
This Agreement contains warranty and liability disclaimers.
We may modify this Agreement from time to time and will post the amended agreement at www.getyournest.com. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted.
1. Using our Services
By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services.
Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not qualify, please immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.
We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete.
You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at email@example.com of any unauthorized use of your account.
GYN grants to you a limited, non-exclusive, non-transferable license to access and use our Services in accordance with the terms and conditions set forth in this Agreement. GYN reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not specifically permitted under this Agreement is strictly prohibited.
You agree not to sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
Copyrights, Trademarks and Other Intellectual Property
All content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of GYN (collectively, our “Content”)
Our Content, including any content licensed to us by third party content providers (the “Providers”), is protected by U.S. and international intellectual property laws and treaties. You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement
You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to:
GYN, c/o Legal
Team3260 N Hayden Rd #201
Scottsdale AZ 85251
To find out what to include in the notice, click here to read the DMCA.
You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services, or (f) attempt to gain unauthorized access to other computer systems through our Services.
You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services.
If you submit to us or post through our Services 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.
By submitting or sending a submission to us, you: (a) 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 (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable 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.
Mobile ID and Identity Verification Data
To the fullest extent permitted by law, our services, our content, or other content available through our services are provided “as is” and “as available,” with all faults and without warranty of any kind. GYN, on behalf of itself, its affiliates, and the providers, disclaims all warranties of any kind, whether express or implied, relating to our services, our content, or other content available through our services including the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality, accuracy, title and non-infringement, and any warranty arising out of course of dealing, usage or trade.
Assumption of Risk
You use our services, our content, or other content available through our services, at your own discretion and risk. you assume all risk for any damage that may result from your use of our services, our content, or other content available through our services. you are solely responsible for any damage to your property (including any computer system or mobile device used in connection with our services), or the loss of data that may result from the use of our services, our content, or other content available through our services.
additionally, you visit someone else’s real property and surrounding premises (collectively, the “premises”) at your own discretion and risk. you assume any and all risk for any property damage or loss, or bodily, mental, or personal injury, including death, relating to or arising from visiting the premises.
Not a Legal or Professional Advisor
You acknowledge and agree that GYN is not engaged in rendering legal, tax or other professional services. If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.
3. Limitation of Liability
In no event shall GYN be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with your use of our Services or our Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure in any way related to our Services or our Content, including but not limited to the inaccuracy of any reports, tools, analyses, agreements, or forms available through our Services or our Content.
You agree that neither GYN, its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is 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 our Services or our Content, including but not limited to 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 accessed through our services. Additionally, you agree that GYN is not liable or responsible for any defamatory, offensive or illegal conduct of third parties.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless GYN, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party. You must not settle any such claim or matter without the prior written consent of Opendoor. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
5. Governing Law
This Agreement will be governed by the laws of the state of ARIZONA, without regard to its provisions relating to conflict of laws.
Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by GYN of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of Opendoor.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of GYN.
7. Consent to be Contacted; Notices
If you provide, or have provided, a telephone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Please be aware that we may record or monitor telephone calls for quality assurance.
If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
By accessing any home owned by another party, you certify and agree you are entering the home with the express purpose of (1) evaluating the home for potential purchase, or (2) engaged in authorized business with GYN. You acknowledge that each access request grants up to 1 hour of time in the home, unless you have express permission from GYN for extended on-site presence. GYN may revoke permission to access one or more of its homes at any time. If you are asked to leave one property,you lose permission to go to any future Opendoor Home unless you receive notification otherwise from Opendoor.
By entering an property, you acknowledge and agree that you will not, and will not assist or enable others, to:
- breach or circumvent any applicable law, or terms of this Agreement;
- access the home if under the age of 18;
- smoke, vape, consume alcohol, or use any illicit or illegal substances on the Premises;
- abandon, leave behind, dump, or otherwise discard any property including, but not limited to, flyers, pamphlets, marketing or promotional materials, trash, garbage, waste product, or any other type of personal property on the Premises without the express consent of GYN;
- remove any property from the Premises other than marketing or promotional materials provided by GYN for such use;
- use any facilities in the home including, but not limited to, pools, showers, and appliances other than for the purpose of examining them in the course of reasonable evaluation for purchasing the home;
- enter the home other than through the front door;
- bring any weapon including, but not limited to guns, knives, blunt-force objects, and projectiles into the home or surrounding yard;
- avoid, bypass, remove, deactivate, impair, or otherwise attempt to circumvent any technological or security measure implemented by GYN or any other third party to protect properties and their contents and surroundings, Services, customers, and/or visitors; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone
If, in accessing an property, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted this Agreement, you accept financial responsibility for their behavior including for any breaches by them of Section 2.3 of this Agreement.
By accessing any property, you accept responsibility for any damage you cause to the Premises and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from accessing or visiting the Premises.
If you contract to purchase a home from (“Seller”), you (“Buyer”) agree to the following additional terms and conditions regarding your purchase of the home (the “Property”). We may modify this Agreement from time to time, so please review this Agreement at the time the Purchase and Sale Contract (the “Purchase Contract”) governing your home purchase is executed. In the event of any conflict between the Purchase Contract and the terms of this Agreement, the provision in the Purchase Contract shall prevail to the fullest extent permitted by law.
Seller has provided Buyer with an opportunity to inspect the Property, and strongly encourages Buyer to seek an inspection on the Property by a licensed inspector.
Buyer further recognizes Seller has not resided in the Property and has limited knowledge thereof. Accordingly, to the fullest extent permitted by law in the applicable jurisdiction and under the terms of the Purchase Contract:
BUYER AGREES THAT BUYER IS ACQUIRING THE PROPERTY ON AN “AS IS, WHERE IS AND WITH ALL FAULTS BASIS” WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION OR VALUE OF THE PROPERTY, THE PRESENCE OR ABSENCE OF HAZARDOUS SUBSTANCES IN, ON OR UNDER THE PROPERTY, THE COMPLIANCE OF THE PROPERTY WITH APPLICABLE LAW, OR EXPENSES ASSOCIATED WITH, THE PROPERTY.
BUYER WAIVES ANY IMPLIED WARRANTY AS TO HABITABILITY AND/OR, ANY IMPLIED WARRANTY AS TO THE WORKMANSHIP OF ANY REPAIRS OR MODIFICATIONS PERFORMED ON THE PROPERTY.
BUYER REPRESENTS THAT IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN LEGAL AND OTHER PROFESSIONAL COUNSEL OF ITS CHOOSING, AND THAT IT IS RELYING SOLELY ON ITS OWN INDEPENDENT JUDGMENT AND THAT OF ITS OWN PROFESSIONAL CONSULTANTS, IF ANY, IN ENTERING INTO THE PURCHASE CONTRACT AND PURCHASING THE PROPERTY.
BUYER WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AS BUYER DEEMS NECESSARY AND, IF BUYER ELECTS TO CLOSE ITS PURCHASE OF THE PROPERTY, IT WILL ASSUME THE RISK OF ANY ADVERSE MATTERS, INCLUDING ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY SUCH INSPECTIONS AND INVESTIGATIONS. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS PROVISION WAS FREELY NEGOTIATED BETWEEN THE PARTIES AND PLAYED AN IMPORTANT PART IN THE BARGAINING PROCESS FOR THIS AGREEMENT.
8. Brokerage Representation and Referrals
GYN wholly owns a real estate brokerages, Venture REI LLC and
These brokerages have contractual relationships with certain multiple listing services (MLSs) that allow them to show you certain pictures and data related to listed and previously listed properties. Unless you are a licensed agent, you agree:
to use this data only for personal use, and not for commercial uses;
that you will not redistribute or otherwise use the data except in connection with your consideration of the purchase or sale of an individual property; and
that the MLS that supplies the data owns such data and has proprietary rights and copyright to such data.
Representation of GYN
In the event you choose to buy a property or sell your home the Brokerages will represent GYN & the buyer in the transaction.
“Bird” Tour Assistants
In eligible markets, at your request, an agent will meet you to help facilitate visits to homes (“Tour Assistant”). Prior to a home tour, you will receive an email with information about your Tour Assistant. Please note that visiting a home with a Tour Assistant does not establish an agency or contractual relationship between you and that Tour Assistant. We always welcome you to seek representation from the agent of your choice.
Buyer Refund Incentive
In Phoenix or service areas, you’ll receive a closing cost credit of up to 50% of the buy side commission being offered by the seller in the form of a commission refund at closing
This Agreement was last modified on April 22, 2020.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Get Your Nest.