Terms of Service
Last updated on October 25, 2021
These are the Terms of Service (“Terms”) for NextHome, Inc. (“NextHome” or “us” or “we”) which govern your access to and use of the NextHome operated and controlled website available at https://nexthome.com (“Website”). Please note your access to and use of the Website are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Website, you agree you are bound by these Terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE WEBSITE. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW. BY ACCESSING OR USING THE WEBSITE, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITE.
1. Your Acceptance Of The Terms
These Terms constitute a binding legal agreement between you and NextHome outlining your legal rights, obligations, and remedies arising from your use of the Website. You agree you are responsible for your use of the Website and any consequences resulting from your use of the Website. You may use the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. If you do not agree to these Terms, you may not use the Website.
You may use the Website only if you can form a binding contract with NextHome and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Website on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to these Terms. If you reside in a jurisdiction that restricts the use of the Website because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Website if you are not of legal age to enter into these Terms.
By accessing or using the Website, you (the “User”) represent and warrant that you have the right, authority, and capacity to enter into these Terms, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms, and by the terms of NextHome’s Privacy Notice. These Terms apply to anyone who accesses or uses the Website, whether or not you have registered for an account with NextHome. By using the Website, you agree you accept the terms and conditions of the Terms and Privacy Notice, including any dispute resolution, arbitration, limitation of damages, and choice of law provisions. The Website is always evolving and the form and nature of the Website may change from time to time without prior notice to you. In addition, NextHome may permanently or temporarily stop providing the Website, or features of the Website, and may not provide you with prior notice.
NextHome knows you care about your privacy. Any information you or other users provide to NextHome or which we collect, use and share about you or others is subject to our Privacy Notice. To learn more about how NextHome collects, uses, shares, and secures your information, please review NextHome’s Privacy Notice at , which is incorporated into these Terms by this reference.
3. Eligibility To Use The Services
The Website is intended for legal use by adults only and are not directed to children under the age of 18. You may not use the Website in any manner if you are under the age of 18 and any registration by anyone under 18 is void. By accessing or using the Website and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that your access to the Website has not previously been suspended or revoked; and (3) that your use of the Website are in compliance with any and all applicable laws and regulations.
4. Your Representations & Warranties to NextHome
By using the Services, you represent, warrant, and agree:
1. You will only use the Website for lawful purposes, and you will not use the Website for sending, storing, or distributing any unlawful material or for fraudulent purposes;
2. You will not use the Website to cause nuisance, annoyance or inconvenience;
3. You will not impair the proper operation of the Website or any network which is used to support or access the Website;
4. You will not try to harm the Website in any way whatsoever;
5. You will not copy, or distribute the Website or other content without written permission from NextHome;
6. You will only use the Website for your own use and will not resell any aspect of the Website to a third party;
7. You will keep secure and confidential your account password or any identification we may provide you which allows access to the Website; and
8. You will provide us with whatever proof of identity we may reasonably request.
5. Accounts & Registration
Registering for an Account: In order to use or access certain functionality or features of the Website, you may be asked to register for a user account (an “Account”) and become a registered user of the Website (a “Registered User”). By becoming a Registered User, you agree to (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Account you register, and for any actions that arise from or take place using your Account, whether or not you have authorized such actions or use; and (5) immediately notify NextHome of any unauthorized use of your Account. Failure to abide by these Terms constitutes a breach of these Terms, which may result in immediate termination of your Account.
Your Account Information: You may not select or use an Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and NextHome; or (4) that, in NextHome’s sole discretion, is offensive, vulgar, or obscene. NextHome reserves the right to refuse registration of an Account, or cancel any account name, in its sole discretion.
NextHome’s Termination of Access to the Website: NextHome maintains the right to suspend or disable your access to the Website and any Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if NextHome otherwise determines such action is warranted, whether or not you have established an Account or are a Registered User.
The Cancellation of Your Account: You may cancel your Account at any time by contacting NextHome via email at firstname.lastname@example.org
6. Fees and Payments; Automatic Renewal
You agree to pay all amounts applicable to your use of the Website and any services offered through the Website using a payment method acceptable to NextHome. If NextHome or our third party payment processor is unable to charge such amounts to the payment method you provide, we may invoice you for such amounts and you agree to pay such invoices within thirty (30) days of receipt.
WE MAY OFFER SERVICES THROUGH THE WEBSITE THAT ARE AVAILABLE UNDER SUBSCRIPTION PLANS OF VARIOUS DURATIONS. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU INFORM US THAT YOU DO NOT WISH TO RENEW THE SUBSCRIPTION BY CONTACTING US VIA EMAIL AT email@example.com AT LEAST SEVEN (7) DAYS BEFORE THE EXPIRATION OF YOUR CURRENT SUBSCRIPTION TERM. AT THE TIME OF AUTOMATIC RENEWAL, THE SUBSCRIPTION FEE WILL BE CHARGED TO THE PAYMENT METHOD LAST USED BY YOU. WE PROVIDE YOU THE OPTION OF CHANGING THE DETAILS IF YOU WOULD LIKE THE PAYMENT FOR THE RENEWAL TO BE MADE THROUGH A DIFFERENT PAYMENT METHOD. IF YOU HAVE NOT INFORMED US THAT YOU DO NOT WISH TO RENEW THE SUBSCRIPTION, WE WILL CHARGE THE SUBSCRIPTION FEE TO THE PAYMENT METHOD LAST USED BY YOU. BY PROVIDING A PAYMENT METHOD, YOU AUTHORIZE NEXTHOME AND/OR OUR THIRD PARTY PAYMENT PROCESSOR TO CHARGE SUCH PAYMENT METHOD FOR YOUR INITIAL SUBSCRIPTION AND ANY RENEWAL SUBSCRIPTIONS.
7. User Conduct
As a condition of your use of the Website, you agree not to use the Website: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by NextHome as typical or expected use of the Website consistent with the purposes for which the Website as created. You specifically agree you will not do any of the following:
1. Use the Website for or in connection with any illegal purpose, including any violation of any applicable local, state, national, or international law, or rule or regulation having the force of law;
2. Abuse, harass, threaten, impersonate, or intimidate others;
3. Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that NextHome or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by NextHome in its sole discretion;
4. Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any User;
5. Create or submit unwanted email (“Spam”) to any other person or any URL;
6. Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
7. With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission;
8. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
9. Interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website;
10. Bypass any measures we may use to prevent or restrict access to the Website or any part of the Website;
11. Interfere with the operation of the Website or any User’s enjoyment of the Website, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Website; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Website, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
12. Share, sell, or otherwise transfer the access granted to you to the Website, including information regarding your account login information, or password, or otherwise permit any other person to access the Website using your information, login, or password.
13. Use the Website, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Website;
14. Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
15. Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Website, Content (as defined below), code or program, available to others, in whole or part;
16. Interfere with security features of the Website, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Website or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
17. Perform any fraudulent activity using or in connection with the Website, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
18. Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.
8. Content & Licenses
There are various types of content involved in providing and operating the Website. Throughout the remainder of these Terms, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included on the Website. “NextHome Content” means Content that NextHome makes available to you through the Website, including Content owned by NextHome or licensed to NextHome from a third party. “Collective Content” collectively refers to all of the Content available through the Website.
The Website and the NextHome Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, NextHome and its licensors exclusively own all right, title and interest in and to the Website and the NextHome Content, including all associated Intellectual Property rights, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Website, and copyrighted works associated with the Website are common law and/or registered copyrights, trademarks, and/or trade dress of NextHome. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or the NextHome Content. .
You should assume that everything you read or see on the Website are copyrighted or otherwise protected and owned by NextHome, or a third party who licensed the right to use such content to NextHome. Unless otherwise expressly noted, nothing that you read or see on the Website or other Collective Content, or any of the source code or HTML code that NextHome uses to generate the Website may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use, including by caching, framing or any similar means, without the prior written consent of NextHome or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law. In the course of using the Website, if you come across any Content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.
No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without NextHome’s prior written permission. You may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
NextHome is not the publisher or speaker of any information on the Website provided by third party content providers, and NextHome is not liable for any claims related to such information. Any mention in the Website of products or websites provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by NextHome. NextHome assumes no responsibility for those products or services.
NextHome’s License to You
Subject to your compliance with these Terms, NextHome grants you, to the extent, it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Website and the Collective Content as intended.
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Website or the Collective Content other than as specifically authorized herein, without the prior written permission of NextHome, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by NextHome at any time without notice and with or without cause.
You may transmit or publish Content created by your use of the Website or otherwise. However, you shall be solely responsible for such Content and the consequences of its transmission or publication. Any Content made public will be publicly accessible through the Internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private Content publicly available. By making any copyrighted/copyrightable Content available on the Website you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such Content to make such Content available in such manner. Further, by making any Content available in the manner aforementioned, you expressly agree that we will have the right to block access to or remove such Content made available by you if we receive complaints concerning any illegality or infringement of third party rights in such Content. By using the Website and transmitting or publishing any Content using the Website, you expressly consent to determination of questions of illegality or infringement of third party rights in such Content by the agent designated by us for this purpose. By submitting any Content, you also represent and warrant that:
• You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of such Content;
• Your Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
• You voluntarily agree to waive all “moral rights” that you may have in such Content;
• Any information contained in such Content is not known by you to be false, inaccurate, or misleading;
• Such Content does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• Such Content is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
• You were not and will not be compensated or granted any consideration by any third party for submitting such Content;
• Such Content does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
• Such Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• Such Content does not contain any information that you consider confidential, proprietary, or personal; and
• Such Content does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a Content, you grant to NextHome an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
• Use (and permit others to use) such Content in any manner and for any purpose (including, without limitation, commercial purposes) that NextHome deems appropriate in our sole discretion (including, without limitation, to incorporate such Content or any modification thereto, in whole or in part, into any technology, product, or service);
• Display advertisements in connection with such Content and to use such Content for advertising and promotional purposes.
We may, but are not obligated to, pre-screen user-submitted Content or monitor any area of the Website through which Content may be submitted. We are not required to host, display, or distribute any user-submitted Content on the Website and may remove at any time or refuse any Content for any reason. We are not responsible for any loss, theft, or damage of any kind to any user-submitted Content. Further, you agree that we may freely disclose your user-submitted Content to any third party absent any obligation of confidence on the part of the recipient.
9. Intellectual Property Infringement
NextHome and its licensors and partners own all rights, titles, and interests in and to the Website, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website (collectively, the “NextHome IP”). The NextHome IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in the NextHome IP, including use of any the NextHome IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.
These Terms do not convey to you any rights of ownership in or related to the Website, or any Intellectual Property rights owned by NextHome. The NextHome name, the NextHome logos and designs, and the product and service names associated with the Website are trademarks of NextHome or its affiliated third parties, and no right or license is granted to you by these Terms to use the NextHome IP for purposes not directly related to your use of the Website.
NextHome respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of our services who are repeat infringers.
Notifying NextHome of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Copyright Agent” at firstname.lastname@example.org that sets forth the information specified by the DMCA (https://www.copyright.gov/title17/92chap5.html). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a detailed description of where the material that you claim is infringing is located or found on our system;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Providing NextHome with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “Copyright Agent” at email@example.com that sets forth all of the necessary information required by the DMCA (https://www.copyright.gov/title17/92chap5.html). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.
10. Linking & Framing
NextHome grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Website, so long as the links do not portray NextHome or its products or services in a false or misleading manner. You may not use any of NextHome’s logos or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Website or any of its content is prohibited without the prior written consent of NextHome.
The Website may contain links to third-party websites or resources, such as Instagram, LinkedIn, Pinterest, YouTube, Twitter, and Facebook. You acknowledge and agree that NextHome is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by NextHome of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that NextHome 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 such content, goods or services available on or through any such site or resource.
11. Email Notifications
As part of your use of the Website, you may be asked to elect to receive certain email notifications from NextHome and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from NextHome related to NextHome’s products and services. You may opt-out of receiving certain notifications in association with the such products and services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important announcements or notifications even if you have opted-out from other messages.
You consent to receive from NextHome all communications, including notices, agreements, legally required disclosures or other information in connection with the Website (collectively, “Notices”) electronically. NextHome may provide such Notices by posting them on or within the Website, by electronic mail to your email address on record in NextHome’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding NextHome and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device.
NextHome may change, suspend or discontinue the Website or the availability of any Services, features, or Content, without notice to you. NextHome may also impose limits on certain services, features, or Content, or restrict your access to parts or all of the Website with or without notice to you.
NextHome may also terminate or suspend your use of or access to the Website at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Website, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Website.
NextHome may also remove or disable access to any Collective Content and suspend or ban your access to the Website or any NextHome account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact NextHome using the information below. You are solely responsible for your interactions with other users of the Website. NextHome reserves the right, but has no obligation, to monitor disputes between you and other users.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Website. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to NextHome. Continued use of the Website, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of these Terms and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of these Terms, which by their nature should survive termination, shall survive the termination of these Terms, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
14. Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Website, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Website, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
15. International Use
The Website is controlled and operated by NextHome from within the United States. NextHome makes no representations that materials accessible on the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
You agree you shall indemnify and hold harmless NextHome, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to the Website, use of the Website, violation of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or password.
17. Warranty Disclaimers
You acknowledge that NextHome has no control over, and no duty to take any action regarding: (1) which users gain access to the Website; (2) what effects the Content or the Website may have on you; (3) how you may interpret or use the Content or the Website; or (4) what actions you may take as a result of having been exposed to the Content or the Website.
You release NextHome from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. NextHome makes no representations concerning any content contained in or accessed through the Website, and NextHome will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. NextHome makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. NextHome cannot guarantee that you will obtain the results you seek or warrant that Website will be error-free. NextHome makes no representation or warranty of any kind with respect to use of Website or the use or accuracy of the information on the Website.
USER ACCESSES THESE WEBSITE AT HIS OR HER OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY SERVICES PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY NEXTHOME ARE HEREBY DISCLAIMED. NEITHER NEXTHOME NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF NEXTHOME, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL NEXTHOME OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE WEBSITE.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER NEXTHOME NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THESE TERMS OR IN CONNECTION WITH USE OF THE WEBSITE OR CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
The “Disclaimer” and “Limitation of Liability” provisions of these Terms are for the benefit of NextHome as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
19. General Terms
The Terms, including the incorporated NextHome Privacy Notice, constitutes the entire agreement between User and NextHome regarding Users’ use of and access to the Website. Use of the Website are intended for User’s enjoyment and benefit and the provision of the Website to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Website.
Waiver & Severability
The failure of NextHome to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law & Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the federal or state courts located in the Northern District of California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret these Terms, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.
Transfer & Assignment
These Terms and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of NextHome. These Terms shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
No Independent Contractor or Joint Venture
The parties shall be independent contractors under these Terms, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.
20. Changes To Our Terms
NextHome may modify these Terms from time to time. The most current version of these Terms will govern your use of the Website and will be located at https://www.nexthome.com/terms-of-service/. We will notify you of material changes to these Terms by posting a notice on the Website. By continuing to access or use the Website after those changes become effective, you agree to be bound by the revised Terms.
21. Contact NextHome
4309 Hacienda Drive
Pleasanton CA 94588
Telephone: (855) 925-6398