Connecting home sellers with our real estate agent partners is the core of our business. We also provide homeowners with a home valuation and make recommendations for home upgrades. The service that we provide to both home sellers and our real estate agent partners is governed by several terms that we have outlined below.
SoldNest is an online service and because of this, we don't require you to physically sign any contracts. The terms of our service and what we provide are listed below. If, for some reason, you don't agree with them, then we kindly ask and suggest that you leave this website. If you do choose to use our website and apps, then the action will serve as your agreement to be bound by out terms of service
SoldNest is operated in compliance with all state and federal housing laws where licensed.
Terms for Broker and Agents
Real estate professionals who are involved with and use our Web site must agree with the following terms:
- You hereby grant SoldNest.com permission to display on our website and elsewhere information that we have gathered or information that you have supplied to us, including previous real estate transactions that you have handled as a licensed real estate professional. This information allows your potential clients to get to know you better and understand your specialities.
- Creating and maintaining a profile on SoldNest is 100% free. However, any lead and referrals you receive from SoldNest where you handle a real estate transaction, you agree to pay us a 30% referral fee based on the total gross commission. This is how SoldNest generates revenue and is able to provide high-quality seller referrals to you. The terms for this referral fee are located here for brokers and here for agents.
- It is your sole responsibility for maintaining your own real estate license and for following all applicable real estate laws regarding documentation, disclosures, and any other brokerage responsibilities. You are also responsible for the real estate brokerage services provided to your clients and fully agree to indemnify, defend and hold SoldNest harmless from any claims, damages, and costs incurred by SoldNest arising from claims by your clients regarding the brokerage and real estate services you have provided.
- Your participation in being a SoldNest partner agent and in our service is voluntary and be terminated by either you or SoldNest, for any reason, and at any time, with written notice. However, any referrals made prior to such termination are still bound by this agreement, and referral fees will be due upon the closing of any of these transactions.
- Regarding SoldNest referrals, you agree to be contacted by SoldNest and/or its referrals by phone, email, mail or any other reasonable means, and you further agree that you will not provide SoldNest referrals to any other party without our written consent.
- You may receive or initiate a phone call from a SoldNest representative or one of our referrals via one of SoldNest's tracked phone numbers. If this occurs, SoldNest may create a digital audio recording of the call. You agree and acknowledge that your phone call may be recorded for quality assurance purposes.
- All information you provide to SoldNest shall be accurate, complete and owned by you. If any information becomes inaccurate, you agree to update it as soon as possible. If we discover that any of your information is inaccurate, we may correct it ourselves. You hereby grant us permission to email or display your profile (including your name, transaction details, brokerage name, and any other information that may be valuable to potential home sellers) and such other information as may be supplied by you on or from our website www.soldnest.com and such other partner and affiliate websites as we believe advisable for marketing purposes.
- You agree that we may modify the services provided, the price charged for our services, or these terms of service at any time. We will notify you 30 days in advance of such changes or any significant changes to our services, terms of service or prices, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent referrals or services shall be governed by the new terms.
Terms for Sellers and Buyers
All non-real estate professionals (including prospective Sellers and Buyers and their representatives) who are involved with and use our website must agree with the following terms:
- We may make a professional introduction between you and one of our partners, including our real estate agent partners. Of course, this introduction involves sharing the contact information of each party with the other. When you submit information to SoldNest.com for a home valuation or for a request, you authorize us to use and provide this information to make an introduction. By providing this information to us, you consent to being contacted by us and by our partners via phone, email, mail or other reasonable means.
- For us to help you, we need you to provide information that is accurate and complete, especially your contact information so that our Real Estate Agent partners can contact you quickly and efficiently. We reserve the right to suspend or terminate access to anyone who supplies information that is inaccurate or misleading.
- You understand that while SoldNest may refer real estate professionals, we do not perform real estate brokerage services. Any Real Estate brokerage activities are performed by local Real Estate Professionals that have been referred to you. We do not endorse, recommend or otherwise know the terms of any agreement between you and a real estate professional.
- You understand that for our services we may receive payment (a referral fee) that may be a percentage of the commission received by the professionals involved in the real estate transaction. There is no charge to you. Any payment is due based on a separate agreement between us and the professional involved. Your use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.
- You understand that a home valuation and home value are only estimates and should not be considered as or replaced for an appraisal. Your home may be worth more or less than the Nestimator value and is worth what someone is willing to pay for it. To get the most accurate opinion of what that might be, it's best to have a professional expert give you their opinion.
- You understand that any home upgrade recommendations and the potential value increase and estimated profit are only estimates and SoldNest makes no guarantees to the exact dollar value added to your property or the potential return on investment.
- Your participation in our service is voluntary and can be terminated by either of us for any reason at any time with written notice. However, any referrals made prior to such termination are still bound by the agreement that we may have with a real estate professional.
- You agree that we may modify the services provided or these terms of service at any time. We will notify you in advance of any significant changes of our services, and you agree that your continued use of our services after the notice period means that you accept the new terms and any subsequent services shall be governed by the new terms.
- You may initiate or receive a call from a SoldNest representative or one of our agent partners via one of SoldNest's tracked phone numbers. If you do so, SoldNest may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.
All who are involved with and use our Web site must agree with the following additional terms:
- It is the policy of SoldNest to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright
infringement should be sent to a Service Provider's Designated
Agent. Notification must be submitted to the following
Designated Agent for these sites:
Attn: Joseph Alongi
900 E. Hamilton Av #100
Campbell, Ca 95008
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- SoldNest intends that the information contained on our website be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this website, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
- To protect our service, you agree to refrain from the following prohibited activities: (a) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting materials that could be harmful to minors; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about website users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting materials that displays pornographic or sexually explicit material of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Web site or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the website; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Web site or our hardware and software infrastructure or that of any of our licensors or suppliers.
- You agree to the following limitation: THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS.” SOLDNEST AND/OR ITS SUPPLIERS, PARTICIPATING CONTRACTORS, VENDORS, LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF SOLDNEST'S SERVICE IS AT YOUR OWN RISK. WE AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- You also agree to the following: IN NO EVENT SHALL SOLDNEST OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO $100. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
- You also agree to the following DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER: Instead of suing in Court, you and SoldNest agree to arbitrate all disputes between you and SoldNest or any of SoldNest's agents, representatives, or partners acting on SoldNest's behalf, on an individual basis, not on a class-wide or consolidated basis. The FAA applies to this agreement, the arbitration provision, and all questions of whether a dispute is subject to arbitration. Unless we each agree otherwise, the Arbitration will be conducted by a single, neutral arbitrator and will take place in the county of your residence. WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each agree that any arbitration will be solely between you and HomeLight (or SoldNest's agents, representatives, or partners acting on SoldNest's behalf). We each WAIVE ANY RIGHTS TO BRING A CLASS ACTION OR CONSOLIDATED ACTION. Exceptions: Either of us may bring qualifying claims in small claims court.
- Finally, you also agree to the following: These Terms of Service shall be subject to and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to SoldNest.
Last Updated: Nov 29th, 2019
Information You Provide to Us
We collect and store the information you provide directly to us, such as when you use the Services to compare the relevance of agents in your area of interest, request that we contact you to match you with an agent, provide feedback and rate your experiences using the services, sign up for our mailing list, enter your address and answer questions about your home, or when you call, email or otherwise communicate with us. The types of information we may collect include:
- Basic user information, such as your name, email address, phone number, whether you are buying or selling a home, and the best time to contact you; and
- Home information, such as the address, type of home, answers you provide us about your home's condition and characteristics, and price range of the home you are interested in buying or selling
Information We Collect Automatically
When you access or use our Services, SoldNest may automatically collect information about you, including:
Log Information. We automatically log information when you visit our websites, including your IP address, access times, operating system, browser type and language, Internet service provider (ISP), and the web pages that you visit.
We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality.
Technologies such as: cookies, beacons, tags and scripts are used by SoldNest and our marketing partners and analytics or service providers. These technologies are used in analyzing trends, administering the site, tracking users' movements around the site anonymously and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an aggregated basis.
LSOs. We use local storage objects such as HTML5 to store content information and preferences to make webpages render more quickly and speed up your website experience.
Third Parties, with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity, use LSOs such as HTML5 to collect and store information.
Use of Information
We use information collected through our Services for the purposes described in this Policy or as otherwise disclosed to you in connection with our Services. For example, we may use your information to:
- Provide, maintain and improve our Services, and deliver the information you request;
- Respond to your comments and questions, and provide customer service;
- Communicate with you about our Services and any other events, news or information about SoldNest and our select partners;
- Monitor and analyze trends, usage, and activities in connection with our Services;
- Personalize and improve the Services and provide content, features, or advertisements that match your interests and preferences; and
- Link or combine with other information we get from third parties to help understand your needs and provide you with better service.
- SoldNest may store and process your information in the United States and in other countries.
Disclosure of Information
We may share your information as follows:
- With third party vendors, consultants and other service providers who need access to information about you in order to carry out their work for us. These companies are authorized to use your personal information only as necessary to provide these services to us;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of some or all of our business to another company. You will be notified via email and/or notice through the website of any such change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information; and
- With your consent, including when you direct SoldNest to share information about you with agents or other third parties. We may also share aggregated or anonymized information that does not directly identify you.
We partner with a third party to either display advertising on our web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.
Links to 3rd Party Sites
Testimonials and Reviews
Users may perform ratings and reviews of our real estate professionals and other professional partners. By submitting such information, you grant SoldNest the right to post and publish such information at our sole discretion. We also display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name.
Social Media Widgets
The security of your personal information is important to us, thus SoldNest has taken reasonable steps to help protect the personal information our users share with us in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction.
We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have questions about security on our website, you can contact us at firstname.lastname@example.org.
Changes to the Policy
From time to time, SoldNest may revise this Policy. We encourage you to review the Policy whenever you access the Services to make sure that you understand our information collection, use, and disclosure practices.
Your Information Choices
Your information is your information. You may update, correct or delete information about you by emailing email@example.com. We will respond to your request to access within 30 business days. Please note that we may retain certain information about you as required by law or for legitimate business purposes and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Promotional Communications. You may opt out of receiving promotional emails or text messages from SoldNest by following the instructions in those communications. If you opt out, we may still send you non-promotional communications, such as emails about your account.
Your California Privacy Rights. California law permits residents of California to request certain details about information SoldNest discloses to third parties for direct marketing purposes. However, under the law, a business is not required to provide this information if it permits California residents to opt in to, or opt out of, this type of sharing. SoldNest qualifies for this alternative option. When you provide information to SoldNest and request that this information be used to connect you with a real estate agent, you opt in to the disclosure of your information and understand that it may be used for direct marketing purposes.
900 E. Hamilton Av #100
Campbell, CA 95008