Terms of Use

These Terms of Use govern your use of all Nestigator, LLC websites, mobile or otherwise, including the website currently located at www.nestigator.com (collectively "Site" or "Sites"). Please read these Terms of Use carefully before using the Site. By using the Site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site.

These Terms of Use are effective on September 24th, 2015.

1. Ownership

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

As a condition of your use of Nestigator, you will comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and related activities, including but not limited to Housing and Urban Development Department regulations and The Fair Housing Act and any state or local fair housing laws. You agree not to use the Nestigator Services in any way that breaches the Nestigator Terms of Use or Nestigator Community Guidelines or any other Policy or notice regarding the Nestigator Services. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Site, or any portion of the Site, including, without limitation, Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by Nestigator and its applicable licensors. The Site is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. You agree that Nestigator may use any information Nestigator obtains about you in accordance with the provisions of Nestigator's Privacy Policy.

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.

If you are acting in the capacity of a real estate professional or financial services advisor, including but not limited to a lender, broker, mortgage broker or in a similar capacity, you expressly agree to only use the Nestigator services for personal use. Any commercial use is restricted and limited to transactions performed for your own benefit. When relying information provided by Nestigator and its Services, the scope of the Nestigator Terms of Use limits you to only providing information to consumers using Nestigator Services, or if authorized, engaging and working with a consumer client where you may list a home for sale or lease through the Services. Financial service providers, such as lenders, brokers, mortgage brokers or others working in a similar capacity, are without limitation prohibited from using the Nestigator Services and the information to make decisions on loans, mortgages or lease agreements. If a real estate professional does enter into an agreement with Nestigator, the Nestigator Services may only be used for transactions in residential real estate. The Nestigator Services may not be used for commercial real estate, commercially zone properties, time share properties, vacation rentals or any other form of commercial real estate transactions.

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.

6. Feedback

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:

Nestigator, LLC
Attention: Laurie Barkman
285 Kappa Drive, SUITE 100
Pittsburgh, PA 15238
copyrights@nestigator.com

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.

9. Disclaimer

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.

12. Indemnity

You agree to indemnify, defend, and hold harmless Nestigator, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information or content you (or anyone using your account) submit, post, or transmit on or through the Site; (b) your (or anyone using your account's) use of the Site; (c) your (or anyone using your account's) violation of these Terms of Use; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, other intellectual property, or proprietary rights of any person or entity. Nestigator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Nestigator in asserting any available defenses.

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.

14. Termination

If you violate any of these Terms of Use, your permission to use the Site and the Content automatically terminates.

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

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of Nestigator to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. These Terms of Use, together with Nestigator's Privacy Policy and any other rules or guidelines posted in connection with the Site, are the entire and exclusive agreement between Nestigator and you regarding the Site, and these Terms of Use supersede and replace any prior agreements between Nestigator and you regarding the Site.

17. Arbitration Agreement

You and Nestigator agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Nestigator relating to the Site or these Terms of Use (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

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.

This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Nestigator also have the right to bring qualifying claims in small claims court. In addition, you and Nestigator retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided herein.

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.

18. Terms of Use Changes

Nestigator may, in its sole and absolute discretion, change these Terms of Use from time to time. Nestigator will post a copy of the Terms of Use as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.

Privacy Policy

At Nestigator (“Nestigator”, or “we” or “us” or “our”) your privacy is of great importance to us. We understand that you entrust us with certain private information to help us provide various products and services. In exchange for your trust, you expect and deserve our commitment to treat your information with respect and in accordance with this Privacy Policy. We will protect your privacy. Under no circumstances will we sell or share any personal information about you to or with any person or organization except (i) as authorized by you, (ii) as described in the relevant portion of our Website (the "Website"), (iii) in connection with providing various products and/or services to you (the "Services"), (iv) to the extent that you use of a version of our mobile app or any other Nestigator browser mobile app (the "Application") in conjunction with various products and/or services provided to you, (v) as may be required by law or court order, or (vi) as otherwise set forth herein. The Privacy Policy below describes the standards we adhere to in handling information about you and any personal information you submit through the website, a browser and/or the App.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE SUBMITTING ANY INFORMATION TO NESTIGATOR OR THROUGH ANY OF OUR SOFTWARE OR MOBILE APP’S. BY SUBMITTING ANY INFORMATION YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS POLICY AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, SIMPLY EXIT THIS PAGE AND/OR THE APPLICATION WITHOUT ACCESSING OR USING ANY OF OUR SERVICES.

At Nestigator, we appreciate your use of and contributions to our websites, our mobile and desktop applications, our other properties and/or our related services (collectively known as the "Services," or, each individually, a "Service"). Nestigator respects your privacy and is committed to protecting your personal information. This is our privacy policy and we will comply with it, as well as applicable U.S. privacy laws, when we gather and use information from users of the Services.

Business Model

A portion of our services and features are funded through advertising dollars. This advertising revenue helps keep Nestigator free of charge for our personal user community. We strive to make advertisements relevant and useful to you. Therefore, we may serve advertisements to you based on the information we collect from you or in relation to your interaction with the Services. We will do our best to be transparent regarding the data and information we collect from you. We endeavor to keep information private between you and Nestigator, except as explained below. In addition to generating revenue from advertising, Nestigator will generate revenue from premium services, which could range from access to exclusive offerings and rich media rental placements to other additional services features provided to both landlord customers and consumer app users.

Information Collection, Use and Sharing

When you use the Services, we collect a variety of information.

  • Information you provide. When using our Services, you agree to provide information, such as name, address, email address, mobile device/cell phone number, and details around a potential transaction. This will occur when you register on Nestigator, when you find a home, communicate with a real estate agent using our Services, or complete other forms through Nestigator. You may also provide information about a third party through the Services. For example, if you share a real estate listing with a recipient via email, we may combine this information with other information we collect from your interaction with the Services or from other companies. In addition, when you order products or services through the Services, Nestigator may collect your credit/debit card information. This information is secured using industry-standard encryption technology and we will secure such information a PCI compliant manner. Nestigator will use this information solely to complete your order and will not share this information with outside parties, except to the extent necessary to complete the order or comply with applicable law. In the event that a credit report is required to use a Service, Nestigator may collect your Social Security number ("SSN"). This information is secured using industry-standard encryption technology. Nestigator restricts access to SSNs to employees, vendors and subcontractors who require SSNs to support certain products and services. Nestigator strives to protect SSNs from unlawful disclosure and to keep them confidential by maintaining physical, electronic, and procedural safeguards that comply with applicable state and federal regulations.
  • Cookies and Web beacons. We may work with service providers and advertisers and/or other partners and advertising service providers to serve ads or services to computers, mobile phones or other devices, which may use a cookie, pixel or other similar technology placed by us or the third party (although we would not share any other information that identifies you with an advertiser). This Privacy Policy and our Cookie Policy covers the use of cookies by Nestigator and its service providers and does not cover the use of cookies by any advertisers. Also, certain versions of the iOS operating system permit you to limit ad tracking in the system settings. Additionally, you can opt-out of Nestigator serving behaviorally targeted ads outside of our apps and websites in your account settings. We and our agents use technologies like cookies, pixels, and local storage (like on your browser or device, which is similar to a cookie but holds more information) on our website, in our emails, and identifiers supplied by app platform companies within our apps to provide you with a range of products and services. You can control cookies through your browser settings and other tools. By continuing to use our Services through your computer or mobile device, you consent to our use of cookies, pixels and local storage in accordance with this Privacy Policy. Some pages of the Services may use third-party Web beacons. In addition to our use of the data to analyze visitor activity on the Services, these Web beacons may use anonymous information about your visit in order to improve its products and services and to provide advertisements about goods and services that may be of interest to you.

    We have implemented Google Analytics remarketing, which tracks and manages cookie information so that we and third-party service providers can better deliver advertisements that are relevant and useful to you on Nestigator websites and various websites across the Internet. We have also implemented Google Analytics display network impression reporting to better understand how ad impressions and ad services are related to visits to our sites. You can customize ads or opt out of these services using the Google Ads Settings.

  • Mobile Device and Mobile Browser. You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer.
  • Usage logs. When you use the Services, your computer or other electronic device communicates a variety of information to computer servers, including the existence of cookies, your Internet Protocol address, and information about your browser program. We also create a record of what information you are requesting, such as the page or subject areas you're visiting.
  • Social Networks. If you use the social networking connection functions offered through the Services, we may access all of your social network profile information that you have made available to be shared and to use it in accordance with this privacy policy. Please refer to the instructions governing your social network account to manage the information that is shared through your account.
  • Calls. Please note that any calls to Nestigator or to partners or third parties of Nestigator may be recorded or monitored for quality assurance and customer service purposes. If a call is recorded between you and a third party, it will be deemed private information of both you and the third party, and may be released to either of you.

Usage and Disclosure

Nestigator uses the data and information collected from you to enhance your user experience, communicate with you and optimally operate our Services. Nestigator also uses this information to respond to your requests and present you with advertising that we believe will be of interest or useful to you. Your privacy is important and we are committed to protecting information that identifies you personally, where you have chosen to keep it private ("Personal Information"). We will only share Personal Information that you provide outside the public areas of the Services in the following circumstances:

  • Consent. When you consent or direct Nestigator to share the Personal Information. For example, if you choose to contact a real estate agent or lender through the Services, your name and email address will appear to the recipient of the message.
  • Service providers to Nestigator. When Nestigator hires a service provider to help operate the Services or our business, Nestigator may give access to Personal Information only as necessary to perform the service for Nestigator, and subject to the terms of this privacy policy.
  • Partners with whom we conduct business. Nestigator may give business partners access to Personal Information only as necessary to offer products and services with those business partners, and subject to the terms of this privacy policy
  • Legal obligation or protection from harm. When Nestigator has a good faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Nestigator, its users, or the public against harm.
  • Merger or sale. If and when Nestigator is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Personal Information may be transferred along with the business.

Nestigator may also share certain aggregated data with other third parties for general marketing and demographic purposes; however, this data, when shared on an aggregated basis, does not include any of your personal identifying information. Some of our Services may be offered in conjunction with partner companies, affiliates or other companies or websites with which we work. In order for us to provide these Services to you, it may be necessary for us to share your personal information with one of such entities. These parties are not allowed to use personally identifiable information except for the purpose of providing these Services. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular Service. In addition to the uses of the information described above, Nestigator may, from time to time, collect purchasing information and/or data from other sources. We may collect this information for purposes of performing analytics and conducting consumer research. This information may be used to communicate and provide additional information that may be of interest to you and our merchants.

When you provide public information without identifying yourself, we will protect your personal identity as described above. If your account profile does not identify you personally, Nestigator won't reveal your identity to third parties except in accordance with this policy. You should keep in mind that the information that you choose to provide in a public area of the Services (such as your profile page or the discussion forums) will not be protected by this privacy policy because you have made an active choice to make that information public. We are not responsible for any Personal Information you choose to submit in any public area of the Services.

When we deliver ads based on data about your use of the Services, we keep your identity anonymous. We won't identify you personally to third parties, except in accordance with this privacy policy. Of course, if you choose to respond to an advertised offer with your name and contact information, you will no longer be anonymous to the advertiser. 

Real Estate Data and Information

Nestigator aims to be open and transparent regarding real estate data and information. Nestigator makes available historical sales or lease prices for apartments and homes. Nestigator enables any user to post a question or answer about a given home. Generally, all of this information is already publicly available. As long as discussion surrounds real estate and not individuals, our goal is to keep this information freely available through the Services. When a professional engages and joins the Nestigator community, we may also allow users to comment on the professional.

Email

You may receive email from Nestigator for a variety of reasons-for example, if you took an action through the Services, you signed up for a regular report, or you posted your home for rent and a renter sends you a message. We respect your desire to manage email correspondence. If you have an account with Nestigator, you can select your preferences through your Notifications settings. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.

Targeted and Behavioral Advertising

At Nestigator, we may participate in targeted and behavioral advertising. This means that, for example, when you use the Services, we or third party service providers or advertisers may use cookies, beacons, or other similar technologies to collect information about your use of the Services across different Web sites, app’s and/or browsers. These tailored or targeted advertisements may appear on the Services or on other websites, app’s or properties. In addition, if you have provided your cell phone, mobile device number or email address to us, we may use a scrambled, unreadable form (a hash) of your data/information to deliver tailored or targeted advertisements to you on the Services or on other websites, including via Facebook’s Custom Audience Feature or other similar Facebook tools. We will not share your email address with Facebook. Click here to learn about how you can control the ads you see on Facebook. You may opt-out of cookie tracking and analysis as described in the section below entitled ‘Opting Out of Collection of Information’. The Services do not otherwise respond to ‘do not track’ signals.

Opting Out of Collection of Information by Third Parties

Nestigator's third-party ad servers, ad network providers, and third-party advertisers (the "Nestigator Ad Providers") may provide you with advertisements that you may see on the Services or on other affiliated websites. To improve the relevancy and help measure the effectiveness of such advertisements, the Nestigator Ad Providers may use cookies, Web beacons, clear .gifs or similar technologies. These are used to record users' activity, such as the pages visited, and to learn what types of information are of most interest to the users.

Nestigator Ad Providers. Use of these technologies by Nestigator Ad Providers is subject to their own privacy policies and is not covered by our privacy policy. For more information regarding the choices you have about these technologies (such as opting-out), click here to learn about Nestigator Ad Providers participating in the Network Advertising Initiative, and click here to learn about the Nestigator Ad Providers participating in the Digital Advertising Alliance. Nestigator has relationships with the following services: Advertising.com, Atlas, DoubleClick, Google, Intercept, Right Media and BlueKai The Network Advertising Initiative and Digital Advertising Alliance offer some centralized opt-out tools; otherwise you must visit each provider's website individually and opt out.

Nestigator marketing service providers. If you do not want Nestigator and its marketing services providers to follow your usage of our Services via cookies and Web beacons, you can opt out of Cookies/Web beacons from: comScoreGoogle AnalyticsOmniture and Yahoo! Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns. Please note that, if you opt out and later delete your cookies, use a different browser, or use a different computer or other electronic device, you will need to renew your opt-out choices.

Location Data

Nestigator can provide you with helpful information based on where you are. If you tell Nestigator where you are (e.g., by allowing your mobile device to send Nestigator your location), Nestigator may use that information to provide you with location-based information and advertising. If you wish to deactivate this feature, you can disable location services on your mobile device.

Third-Party Partners, Providers and Websites

Throughout the Services, we may link to strategic partners, service providers and/or other partner websites of companies and/or individuals. Nestigator services and features may involve the distribution of your listing information to websites unrelated to us. These third-party websites may collect Personal Information about users on their websites. Please note that Nestigator's privacy policy does not extend to these external websites and third parties. Please visit these third parties websites regarding their privacy policies.

Nestigator Rentals

You understand that when you join Nestigator Rentals, you will be added to the Nestigator Rentals Directory, which is available to all Nestigator Rentals users and which may be made publicly available. The directory information may include certain Personal Information you provide to us, such as your name, email and other contact information, unless you opt out of including such information in your directory listing by editing the settings in your Nestigator Rentals account.

A Special Note About Children

Children are not eligible to use our Services and we ask that minors (under the age of 13) do not submit any personal information to us or use the Services. Nestigator does not collect or maintain information from those actually known to be under the age of 13 and no part of our website, the app or services is structured to attract anyone under the age of 13.

Storage, Security and Retention of Information

Personal Information will be processed and stored by Nestigator in databases hosted in the United States. Nestigator has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting Personal Information. We will retain your Personal Information for as long as you have an active account.

Contacting Nestigator

You can access, update, and delete Personal Information you provide to us in your account profile by logging into your account or emailing us at privacy@Nestigator.com. While we are ready to assist you in managing the Personal Information you provide to us, we cannot always delete records due to financial reporting, compliance, or other reasons. If you have any questions about this privacy statement, or the privacy practices of Nestigator, please email us at privacy@Nestigator.com. Please note that this policy may be amended from time to time. You should check back for the most current version before relying on any of the provisions in this privacy policy. By using the Services, you agree to the terms of this Privacy Policy.

Advertising Policy

Customers must review all content submissions to ensure accuracy, and compliance with all local, state and federal laws as well as with this policy. This Advertising Policy applies to all content submitted directly or indirectly to Nestigator.com through a third party feed provider, online form, facsimile, email, or other transmission means, and applies equally to descriptive text and image content. We reserve the right to remove any content that we deem to violate this policy at our sole discretion and/or to reject the submitted content.

1. Illegal discriminatory preferences are prohibited

Nestigator.com does not tolerate discriminatory content. If we become aware of any potentially discriminatory content, the content will be removed immediately and without prior notification.

Statements containing discriminatory preference are prohibited under the federal Fair Housing Act as well as state and local laws. In any advertisement for the sale or rental of a dwelling, it is illegal to state a discriminatory preference with regard to race or color, national origin, religion, sex, age, sexual orientation, marital status, source of income, familial status, handicap and disability. For more detailed information you may contact HUD at http://www.hud.gov/offices/fheo/index.cfm and the Department of Justice at http://www.usdoj.gov.

2. Image requirements

Photographs and images accompanying the text of your advertisement may not contain nudity or lewd subject matter of any kind. Image content must satisfy the following technical requirements: For property or listing photos a minimum dimension of 1024 x 768 pixels in 4:3 aspect ratio in JPG or PNG format. Landscape orientation is preferred. For profile photos a minimum dimension of 180x180 in 1:1 aspect ratio in JPG or PNG format.

3. Other limitations

Content you publish may not depict and may not be: illegal, threatening, abusive, obscene, defamatory, harmful to minors, degrading, deceptive, or infringe on intellectual property or other proprietary rights.

4. Personal Information

Customers publishing content under a Complimentary Account must be advised that neither image content nor text-based content may contain URLs, outbound links, or other references to any other websites. This limitation prohibits inclusion of any contact information visible on a billboard or sign within the photographed property.

Customers with Enhanced Accounts are excluded from this requirement as a benefit of their paid subscription.

Fees & Credits Policy

This Fees and Credits Policy is incorporated into and is made a part of the Advertising Policy entered into between you and Nestigator when you advertise on Nestigator. Certain capitalized terms used but not defined in this policy are defined in our Advertising Agreement. This Fees and Credit Policy does NOT apply to Nestigator's ZipPro service offering.

1. Invoices

For Monthly Subscription plans, you will be invoiced for your Listing Fee on a monthly basis on or around the first of the month. If you believe there is an error on the invoice, you must notify us within 30 days of the invoice date.

For Annual Subscription plans, you will be invoiced for your Listing Fee on or around the Effective Date of your Advertising Agreement. If you believe there is an error on the invoice, you must notify us within 30 days of the invoice date.

2. Termination

You may terminate your Advertising Agreement upon thirty (30) days prior written notice to us as set forth in your Advertising Agreement. On the 30th day following receipt of such notice, your listing will be terminated ("Listing Termination Date"). Following the Listing Termination Date, you agree to pay (a) the Service Fee for the month in which the Listing Termination Date occurs.

In the event the Property undergoes a change in management or ownership, you agree to notify us within ten (10) days after such management change. You will remain liable for the Fees after such management change or sale unless you provide acceptable evidence that the new manager or owner has assumed the liability for the Fees.

3. General

Nestigator reserves the right to change these fees at any time with thirty (30) days’ notice by posting those changes on the Nestigator Website and/or by email notification to you. Nestigator maintains sole discretionary right to change some or all of its services at any time. In the event that Nestigator introduces a new service, the fees for that service are effective upon launch of the service. Customers are responsible for paying all fees associated with using the Nestigator service and with using Nestigator's Website, and for all applicable taxes.

4. Credit Card

When setting up your Customer Account on Nestigator, you may designate a credit card for Nestigator to use in charging you for the Listing Fee for advertising on Nestigator. You must be an authorized user of such credit card and always keep a valid credit card on file with Nestigator. You hereby authorize Nestigator to charge your credit card for Listing Fees and other amounts you owe Nestigator.

a. Automatic Payments. Depending on your pricing plan, Nestigator will charge the credit card you provide the applicable Fees on either an annual or a monthly basis.

b. Late Payments. In the event that Nestigator cannot collect the Fees from you, due to insufficient funds or otherwise, the overdue Fees will be subject to interest, and Nestigator may cease providing the Services to you immediately. Interest on unpaid Fees will accrue at the rate of one and one-half percent (1.5%) per month per month until paid, or the legal maximum, whichever is less, plus all expenses of collection, including, without limitation, collection agency fees and costs.

c. Automatic Renewal Laws. After activation of your account, in accordance with the laws governing automatic renewal of consumer contracts, Nestigator will provide you with notice at least thirty (30) days, but not more than sixty (60) days prior to the date by which you need to cancel the Recurring Service Fees.

5. Refunds and Proration

Nestigator may prorate the first month’s fee as necessary for Monthly Subscription plans.

The Annual Subscription Fee is to be prepaid in full and reflects a built-in discount above and beyond the Monthly Subscription Fee. For this reason, the Annual Subscription Fee is subject to a partial refund only if the contract is terminated within 180 days of activation, and only due to the following events: a. ownership change, b. management change.

Proof of sale and/or management reassignment may be required in order to receive a partial refund. No refund of the Annual Subscription Fee will be honored once the Customer account has been active on Nestigator for 180 days or longer.

Equal Opportunity in Housing Statement

Our Policy

All real estate advertised herein is subject to the federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination."

We will not knowingly accept or permit any advertisement for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.

The Law

When it comes to buying, selling or leasing a home or renting an apartment, several state and federal laws were enacted to ensure the equal opportunity in housing for all people. The Civil Rights Act of 1966 prohibits all racial discrimination in the sale or rental of property. Moreover, the Fair Housing Act declares a national policy of fair housing throughout the United States, making illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.

Other laws also impact the purchase, sale or lease of a home or renting an apartment. Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities. The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant’s income derives from any public assistance program.

In addition, state and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.

As a home seller or landlord you have a responsibility and a requirement under the law not to discriminate in the sale, rental and financing of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. You cannot instruct the licensed broker or salesperson acting as your agent to convey for you any limitations in the sale or rental because the real estate professional is bound by law not to discriminate. Agents in a real estate transaction also are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. They are prohibited from complying with a request from the home seller or landlord to act in a discriminatory manner in the sale, lease or rental. Moreover, a home seller or landlord cannot establish discriminatory terms or conditions in the purchase or rental, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national original.

As someone seeking to purchase a home or rent an apartment, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the financing, appraising, or insuring of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.

IF YOU SUSPECT DISCRIMINATION:
Despite our zero tolerance policy, much of the information regarding real estate and related matters in this Web Site is provided by third parties or via hyperlink to third party sites. As such, there may be an instance of potential discrimination by these third parties that we are not yet aware of. If you suspect discrimination by one of these sites, please contact our staff at hello@nestigator.com. Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD), or by calling HUD’s toll free number, 1-800-669-9777 (voice), or 1-800-543-8294 (TDD).
You can contact HUD on the internet at http://www.hud.gov/

ZipPro Terms of Use

These ZipPro (“ZipPro”) Terms of Use govern your use of all Nestigator, LLC (“Nestigator” or “Company”) websites, products, services, whether mobile or app or otherwise, including the website currently located at www.nestigator.com (collectively "Site" or "Sites"), as well as governing the placement of Ads (“Ads”) for Nestigator® ZipPro™ service.

Nestigator provides an advertising service called ZipPro. ZipPro sells Ad Positions (“Ad Positions”). From now until March 2017 (3/31/2017), Nestigator will sell only three (3) ZipPro Ad Positions per ZIP code for each For Sale (“For Sale”) listing and three (3) Ad Positions for each For Rent (“For Rent”) listing. For properties listed For Sale on the Nestigator site, the Listing Agent (“Listing Agent”) will always be displayed in the Contact Form. For ZipPro advertisers choosing For Sale listings, ZipPro offers up to three (3) Ad Positions in the Contact Form per ZIP code, EXCEPT when a Listing Agent has already purchased one of the ZIP code positions in which their active listing is located. In this instance, the Contact Form will only display the Listing Agent. Additional ZipPro advertisers for that ZIP code shall be displayed in the Contact Form whenever the For Sale listing is not provided by a fellow ZipPro advertiser.

For ZipPro advertisers choosing For Rent listings, ZipPro offers up to three (3) Ad Positions in applicable Contact Forms per ZIP code, EXCEPT when a Listing Agent has purchased one of the ZIP code positions in which their active For Rent listing is located or Nestigator deems the For Rent listing not applicable to ZipPro advertisers.

Please note, that if you place a ZipPro Ad Order for a ZIP code and it is available, then you are purchasing the Ad directly from Nestigator.

Please read these ZipPro Terms of Use carefully as such Terms of Use apply to a you as a ZipPro Advertiser. By using the Nestigator Site and the ZipPro service, you signify your assent to these ZipPro Terms of Use. If you do not agree to the ZipPro Terms of Use, you may not use the ZipPro Service.

By purchasing a ZIP code and utilizing the ZipPro Ad Platform, you agree to the ZipPro Terms of Use, as well as Nestigator’s standard Terms of Use.

1. Ownership

The content on the Site, other than User Content, Licensed Content 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 or licensed by Nestigator and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.

2. Policies.

You as the ZipPro Advertiser shall use the Nestigator Ad Platform subject to the Nestigator Advertising Policy, the Nestigator Privacy Policy, the Nestigator Terms of Use for the Nestigator Site, and other policies published by Company from time to time (hereafter "Policies"). These Policies are incorporated by reference herein and Nestigator may modify the Policies at any time. You as the Advertiser may only use a Company’s pre-approved format as displayed in the Ad (see the "Example" on Company’s website), such as Advertiser's first and last name and the name of Advertiser's business. Company reserves the right to refuse any advertisement, advertiser for any reason.

3. ZipPro Ads.

a. ZipPro Advertiser Duties and Responsibilities. Advertiser is responsible for all media and Ad Materials (“Ad Materials”) submitted to Nestigator for placement in your Ad, including but not limited to:
(i) correct spelling of the name or names of the person and business, photos, URLs, and other content; and
(ii) websites to which Ad Materials link to or direct users.

Advertiser represents and warrants to Nestigator that they are authorized to act on behalf of and are bound to the terms of this Agreement, along with any third party for which Advertiser places Ads.

b. Display. Nestigator shall run Advertiser’s Ad for the ZIP code(s) indicated for the period of time ordered by the Advertiser (the "Term"). ZipPro is a monthly subscription. Advertiser’s can upgrade, downgrade or cancel at any time. Advertiser’s Ad shall feature the Advertiser’s Media and Materials submitted by the Advertiser as shown at www.Nestigator.com for the ZIP codes designated in the Ad Order. Nestigator shall display the ZipPro Ads on the contact form completed by all Nestigator website visitors. From now until March 31, 2017, we are selling only three (3) positions per ZIP code, so we can guarantee you as the Advertiser 100% of the ad impressions on the contact form for listings in your ZIP code by the Nestigator website visitors. If someone searches in that ZIP code, then you as the Advertiser will show up on the contact form and other placements determined by Nestigator.

c. Ad Correction. Nestigator does not review all Ads prior to display, but Nestigator or users of the Nestigator Sites or the Licensee Sites may identify concerns with any given Ad. Nestigator may send Advertiser an email notifying Advertiser to modify Ad Materials as posted, due to error or due to a violation of this Agreement, the Policies, the Terms of Use for the Nestigator Sites, or for any other reason. If Advertiser does not modify the Ad Materials to comply after notice, Nestigator will not be required to display the corresponding Ad or to refund any paid amounts to Advertiser. Alternatively, Nestigator has the right, but not the obligation, to modify the Ad Materials for format, spelling, or other matters of presentation, or to comply with the terms of this Agreement, the Policies, or the Terms of Use for the Nestigator Sites. Advertiser grants Nestigator permission to make any necessary Ad Corrections in its sole discretion.

d. ZipPro Ad Updates. Nestigator may send email to Advertiser, asking Advertiser to confirm the continued currency and accuracy of an Ad or Ad Order. If Advertiser does not respond to the update request within 2 business days, Nestigator may remove the Ad or Ad Order from the Nestigator Sites without refunding any paid amounts to Advertiser. Advertiser may reinstate the Ad, or revise it with different content, at any time during the remainder of the Term of the Ad.

e. Special Offers. Company’s current offer of $50 per month per ZIP code is a Special Offer. Company’s current offer to provide only three ad positions per ZIP code to Advertiser’s is also a Special Offer. These Special Offers can be changed at any time however; Company currently is making this Special Offer through the end of March (March 31, 2017).

4. Termination or Cancellation.

a. Nonrefundable. All Ad purchases are non-refundable. However, if an Advertiser is not satisfied and does not believe that it has received value from ZipPro Ads, then Company will refund your most recent month’s activity. Advertiser can upgrade, downgrade or cancel at any time. If an Advertiser cancels it subscription, then any promotional-based pricing will be lost. If Advertiser violates this Terms of Use in any way, shape or form, however immaterial, then company may terminate an Advertiser from ZipPro Ads immediately and without notice.

b. Term. ZipPro Ads is a monthly service. Advertisers can upgrade, downgrade or cancel at any time. After the initial Term, the ZipPro service will continue on a month-to-month basis until terminated by the Advertiser or by Company.

c. No Refund; Fee for Early Termination. Nestigator may, in its sole discretion, change the price to be paid by an Advertiser for the ZipPro Ad Platform. Advertiser may terminate its ZipPro Ad Order by logging into your account and visiting the ZipPro account management tab. Advertiser may terminate a ZipPro Ad Order, before the end of a Term, however: (A) any paid amounts are not refundable; and (B) if billed on a recurring basis and Advertiser cancels it during a billing cycle, Advertiser will be billed the full amount for the billing cycle for the then current Term or Subscription Term, as applicable.

Upon providing notice to Advertiser, Nestigator may terminate a ZipPro Ad, effective immediately.

d. Restart. In the event Advertiser or Nestigator stops the display of Advertiser's Ads, Advertiser is responsible to restart display, which may require a modification to the Ad Materials. Ads terminated online will cease serving shortly after cancellation or suspension.

e. Survival. Nestigator reserves the right to suspend or terminate any ZipPro Ad and/or the terms of this Agreement at any time. Sections 1, 2(a), 3, 5, 6, 7, 8-16 will survive any termination of this Agreement.

5. Prohibited Uses; License Grant; Representations and Warranties.

Advertiser shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions for Advertiser's own advertisements or any other advertisements on the Nestigator Sites; (b) use any automated means of scraping or data extraction to collect Nestigator advertising related information from any Nestigator Site except as expressly permitted by Nestigator in writing; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice.

Advertiser represents and warrants to Nestigator that it holds and hereby grants Nestigator all rights (including any copyright, trademark, patent, publicity or other rights) in Ad Materials necessary for Nestigator to operate the Ads Platform (including any rights needed to use, reproduce, modify, distribute, perform, display, and create derivative works of Ad Materials) in connection with this Agreement. Advertiser represents and warrants to Nestigator that all Advertiser information provided in connection with Advertiser's account and any Ad Order is complete, correct and current. Further, Advertiser represents and warrants that, regarding any rights granted by Advertiser hereunder, Ad Materials will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights (including intellectual property rights). Violation of the foregoing may result in immediate termination of Advertiser's Ad Order(s) and/or Advertiser's account without notice, without limiting any other remedies available to Nestigator.

6. Disclaimer and Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE NESTIGATOR SITE AND THE ZIPPRO AD PLATFORM 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, STATUTORY OR IMPLIED, WITH RESPECT TO THE SITE AND THE ZIPPRO AD PLATFORM, INCLUDING BUT NOT LIMITED TO: (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 USE OR PREFERENTIAL POSITIONING IN THE ZIPPRO AD PLATFORM.

WITHOUT LIMITATION, NESTIGATOR DISCLAIMS ALL GUARANTEES REGARDING POSITIONING, LEVELS, QUALITY, VOLUME OR NUMBER OR TIMING OF: (A) AVAILABILITY AND DELIVERY OF AD IMPRESSIONS OR AD MATERIALS ON ANY NESTIGATOR SITE, OR SECTION THEREOF; (B) CLICK THROUGH RATE; (III) CLICK THROUGHS; (C) CONVERSIONS OR OTHER RESULTS FOR ANY ADS; (D) THE ADJACENCY OR POSITION OF YOUR ADS ON THE NESTIGATOR SITES OR WHILE USING THE ZIPPRO AD PLATFORM OR (E) CALLS GENERATED.

EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 2, TO THE FULLEST EXTENT PERMITTED BY LAW: NEITHER PARTY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS WILL BE LIABLE UNDER ANY LEGAL THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO NESTIGATOR BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM.

Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of god, government, terrorism, natural disaster, labor conditions and power failures.

Nestigator assumes no liability or responsibility for:

(a) any errors or mistakes in position regarding ad media, materials or content, but will do its best to remediate any such errors as quickly as possible;

(b) any unauthorized access to or illegal use of its servers or any and all personally identifiable information or financial information stored therein;

(c) any interruption or cessation of transmission or delivery of Ads from the Nestigator site;

(d) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party; and

(e) 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 or for any transactions between you and any potential leads generated by the ZipPro Ad Platform. You understand and agree that any leads, material or information downloaded or otherwise obtained through the use of the ZipPro or the Nestigator 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.

7. 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.

8. Payment.

Advertiser shall be responsible for all charges as provided via Advertiser's account, and shall pay all charges in U.S. Dollars. For purchases directly from Nestigator, charges are made against Advertiser's credit card at the time of purchase. In the event Advertiser fails to pay, unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Charges are exclusive of applicable taxes. Advertiser is responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) Nestigator incurs in collecting unpaid amounts. To the fullest extent permitted by law, Advertiser waives all claims relating to charges unless claimed within sixty (60) days after the charge (without prejudice to Advertiser's credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of Nestigator. Nothing in this Agreement may obligate Nestigator to extend credit to any party. Advertiser acknowledges and agrees that any credit card and related billing and payment information that Advertiser provides to Nestigator may be shared by Nestigator with companies who work on Nestigator's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Nestigator and servicing Advertiser's account. Nestigator may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Nestigator shall not be liable for any use or disclosure of such information by such third parties.

9. Changes to Terms of the Agreement and or the Ads Programs.

Nestigator may change the terms of this Agreement at any time upon notice and without liability. Nestigator may give notice as described herein this Terms of Use or Nestigator may give notice by updating the terms on the web page located at http://www.nestigator.com/terms. Nestigator further reserves the right to change or discontinue any or all of the Ad services provided at any time with or without notice.

10. Indemnification.

Advertiser shall indemnify and shall hold harmless Nestigator, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, authorized licensees, agents and licensors from any third party claims, liabilities, damages, costs, expenses, fees or other obligations (including but not limited to reasonable attorneys’ fees and costs) arising out of: (i) Ad Materials, (ii) Website Content, (iii) Advertiser's violation of federal, state, local or any other laws or regulations; (iv) Advertiser's breach of this Agreement or any other applicable terms and conditions, including but not limited to any Nestigator special offer or other violation of Nestigator policy, and (v) any violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, other intellectual property, or proprietary rights of any person or entity. Nestigator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you, as Advertiser, will cooperate with Nestigator in asserting any available defenses.

11. Consent.

Advertiser agrees that Nestigator, or a third party acting on behalf of Nestigator, may call and/or send text messages to the telephone number(s) provided by Advertiser, including calls and text messages using an automatic telephone dialing system and/or an artificial or prerecorded voice (“Other Messages”). Advertiser further agrees that such calls and/or text messages may constitute telemarketing.

12. Modifications to the Site

Nestigator reserves the right to modify or discontinue the Site or the ZipPro Ad Platform 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 or ZipPro Ad Platform.

13. Arbitration

You and Nestigator agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Nestigator relating to the Site or these Terms of Use (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

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.

This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Nestigator also have the right to bring qualifying claims in small claims court. In addition, you and Nestigator retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided herein.

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 13 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.

14. Terms of Use Changes

Nestigator may, in its sole and absolute discretion, change these Terms of Use from time to time. Nestigator will post a copy of the Terms of Use as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.

15. 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.

16. Miscellaneous.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of Nestigator to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

These Terms of Use, together with Nestigator's Privacy Policy and any other rules or guidelines posted in connection with the Site and this Terms of Use, are the entire and exclusive agreement between Nestigator and you regarding the Site, the ZipPro Service and these Terms of Use supersede and replace any prior agreements between Nestigator and you regarding the Site. Advertiser agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Los Angeles County, California for any and all disputes, claims and actions arising from or in connection with the Ads or this Agreement. In any dispute arising under this Agreement, the prevailing party will be entitled to attorney's fees and expenses.

Advertiser may grant approvals, permissions, extensions and consents electronically or via email, but any modifications by Advertiser to the Agreement must be agreed upon in a writing executed by both parties. Any notices to Nestigator must be sent to Nestigator LLC, 727 W. 7th St., Ste 1522, Los Angeles, CA 90017, with a copy to Legal Department, via registered mail with return receipt or air mail or overnight courier. Notice to Advertiser may be effected by sending an email to the email address specified in Advertiser's account, or by posting a message to Advertiser's account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for a message). A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Advertiser may not assign any of its rights hereunder and any such attempt is void. Nestigator and Advertiser are independent contractors, not legal partners or agents. In the event that this Agreement or the applicable Ads program is terminated, Nestigator shall not be obligated to return any materials to Advertiser.

From January 13, 2017 through January 31, 2017 at 11:59pm PST, get $50 credit on your total ZipPro purchase, equivalent to one free “For Sale” ZIP code for 30 days on Nestigator.com. To redeem this offer, visit Nestigator.com and enter the Coupon Code ZIP50 on the Nestigator Order Page at the time of purchase. You authorize Nestigator to begin charging the payment method provided when your monthly subscription renews until you cancel. You may cancel at any time. Limit of one $50 credit per account. This promotion and associated terms and conditions are subject to change at Nestigator’s sole discretion. Offer not valid on For Rent ZipPro subscriptions and cannot be combined with any other offer.

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