Terms of use

Your compliance with this agreement

You represent that you have the legal capacity to be bound by this Agreement. If you are using the Services on behalf of a company or other entity, you represent that you have authority to bind that entity.

To determine your compliance with this Agreement, we may monitor your access and use of the Services as described in our Privacy Policy.

Our Services are not intended for minors

The Services are intended for adults. You must be at least 18 years old (or the age of majority where you live) to use the Services.

We do not knowingly collect personal information from children under 13. If you believe a child has provided personal information to us, contact us at hello@soldnest.com.

Your access and use of the Services

Your right to use the Services is personal and non-transferable. You may use the Services only for lawful purposes and in accordance with this Agreement and the Privacy Policy.

We may suspend, modify, or discontinue the Services (in whole or in part) at any time, with or without notice, including for maintenance, updates, security, or business reasons.

We may restrict access to the Services if, in our judgment, you violate this Agreement, interfere with others' use, or create risk for SoldNest, users, or third parties.

What SoldNest does (and does not do)

SoldNest operates a marketplace that helps connect consumers with Real Estate Professionals.

You understand and agree:

• SoldNest is not your real estate agent. We do not represent you as your agent, act as your fiduciary, negotiate on your behalf, or provide brokerage representation services in your real estate transaction.
• Real estate services are provided by Real Estate Professionals. Any brokerage services are provided by the Real Estate Professional and their brokerage under separate agreements you enter into with them.
• No guarantee of results. We do not guarantee you will be matched, contacted, list, buy, sell, close, or achieve a specific price, timeline, or outcome.

Requests for matching and introductions

If you submit information to request a match or introduction, you authorize SoldNest to use and share the information you provide to facilitate introductions with Real Estate Professionals.

If you submit a request, Real Estate Professionals may contact you directly by phone, email, text message, mail, and other lawful means. Depending on your consent and applicable law, you may receive communications even if your number is on a Do Not Call registry.

If you do not want Real Estate Professionals to contact you, do not submit a request.

You must provide accurate, current, and complete information and keep it updated. We may suspend or terminate access if you provide information that is inaccurate or misleading.

Communications and consent

By using the Services or providing your contact information, you consent to receive communications from SoldNest and Real Estate Professionals related to your request, your account, and the Services, including by phone, text message, and email.

• Texts. We may send transactional text messages related to your request or account. You can opt out using the instructions in the message.
• Calls and call tracking. We may use call tracking, analytics, and unique phone numbers to route calls and measure performance.
• Call recording. Where permitted by law, we may record calls for quality assurance, training, and dispute resolution. We may provide additional notice where required.

Carrier message and data rates may apply.

Calls, texts, and recordings

We may contact you by phone, email, or text to respond to your request and provide support.

Texts: We send transactional texts.
Calls: We may call you regarding your request.

Tracked numbers and recordings: We may use tracked phone numbers. Where permitted by law, calls may be recorded for quality assurance, training, and dispute prevention. If call recording is enabled, we may provide additional notice at the time of the call as required by law.

Accounts

Certain features may require an account. You are responsible for safeguarding your login credentials and for all activity under your account.

We may suspend or terminate accounts at any time if we believe there is misuse, fraud, security risk, or a violation of this Agreement.

Reviews, submissions, and User Content

The Services may allow User Content, including reviews and ratings. Reviews may be subject to a verification process.

Real Estate Professionals (agents and brokers)

If you use the Services as a Real Estate Professional, you agree:

• You are responsible for maintaining your license and complying with all applicable laws, rules, and brokerage obligations.
• You authorize SoldNest to display and distribute information you provide, including profile details, brokerage name, service areas, and professional background.
• You authorize SoldNest to display and distribute professional and transaction-related information to the extent you provide it or authorize us to use it, including for marketing and operating the Services.
• You acknowledge SoldNest may display reviews and feedback about you, subject to verification and moderation standards.

Participation is voluntary. Either you or SoldNest may terminate participation, but obligations related to prior introductions may continue under the applicable referral or partner agreement.

Referral compensation

Consumers are not charged to use the Services.

SoldNest may receive compensation if a transaction closes with a Real Estate Professional introduced through the Services. This is typically a broker-to-broker referral fee (currently 25%) paid by the Real Estate Professional's brokerage pursuant to a separate written agreement.

If there is a conflict between this Agreement and a separate signed referral or partner agreement with a Real Estate Professional, the signed agreement controls for that relationship.

Prohibited uses

You may not access or use the Services in violation of any law or to infringe rights. You may not attempt to harm, disrupt, or interfere with the Services.

Without our prior written permission, you may not:

• scrape, crawl, harvest, or collect data from the Services using automated tools
• bypass measures used to restrict access
• frame, mirror, or embed the Services
• reverse engineer, decompile, or disassemble any part of the Services
• use the Services or Content to build, train, tune, or operate any machine learning model, neural network, artificial intelligence system, or generative AI system, including for retrieval-augmented generation or data mining
• upload malware, viruses, or destructive code
• send spam or unsolicited messages through the Services
• impersonate another person or misrepresent affiliation

We may allow search engine crawlers for indexing purposes and may revoke that permission at any time.

Copyright and DMCA

We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a DMCA notice to our designated agent:

Your DMCA notice must include information required by law, including identification of the copyrighted work, the material claimed to be infringing, your contact information, and required statements under penalty of perjury.

Our intellectual property rights

The Services and Content are owned by SoldNest or its licensors and are protected by intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial use, subject to this Agreement.

You may not use SoldNest trademarks, logos, or branding without our prior written consent.

Third-party links and services

The Services may contain links to third-party sites or services. We do not control these third parties and are not responsible for their content, policies, or practices. Your use of third-party sites is at your own risk.

Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLDNEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Content, valuations, calculators, market trends, and "recently sold" data are provided for informational purposes and may be incomplete, delayed, or inaccurate. You are responsible for evaluating information and obtaining professional advice specific to your situation.

Certain consumer rights cannot be waived under some state laws. Nothing in these Terms limits any rights you may have that cannot be limited or waived under applicable law.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLDNEST AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES.

IN ALL CASES, SOLDNEST'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED $100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

To the fullest extent permitted by law, any claim must be brought within one (1) year after the claim arose, or it is permanently barred.

Indemnification

You agree to defend, indemnify, and hold harmless SoldNest and its affiliates, officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:

• your access to or use of the Services
• your User Content
• your violation of this Agreement
• your violation of any law or rights of a third party

Changes to this Agreement

We may update this Agreement from time to time. Changes are effective when posted, as indicated by the "Last Updated" date. If we make a material change, we may provide additional notice.

Your continued use of the Services after changes become effective means you accept the updated Agreement.

Our remedies

You acknowledge that a breach of this Agreement may cause irreparable harm and that money damages may be an inadequate remedy. We may seek injunctive relief or other equitable remedies, in addition to any other rights available to us.

Dispute resolution

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

Informal dispute resolution period

Before starting arbitration, you and SoldNest agree to try to resolve disputes informally for 60 days.

To begin, you must send a written notice of dispute to:
SoldNest Legal Department
900 E. Hamilton Av #100, Campbell, CA 95008
Email: legal@soldnest.com

Your notice must include:

• a subject line stating "Notice of Dispute"
• a description of the dispute and underlying facts
• the date the dispute arose
• the relief you are seeking
• your name, email address, and mailing address

During this period, the parties agree to participate in a good-faith conference by phone or video. This process is a condition precedent to arbitration. Statutes of limitation are tolled during the informal resolution period.

Binding arbitration

If the dispute is not resolved, you and SoldNest agree to resolve any dispute arising out of or related to the Services or this Agreement through binding arbitration. The Federal Arbitration Act governs this provision.

The arbitration will be administered by a nationally recognized arbitration provider that offers consumer arbitration procedures (for example, JAMS or AAA), applying its applicable rules.

Location and hearing format

To the fullest extent permitted by law, the arbitration will be held in Santa Clara County, California. If applicable law requires a different location, or if the arbitrator determines a remote hearing is appropriate, the arbitration may proceed by video, phone, or based on written submissions, consistent with the provider's rules and due process requirements.

Exceptions

This arbitration agreement does not prevent either party from:

• bringing an individual claim in small claims court, if eligible
• seeking provisional relief in aid of arbitration
• bringing claims limited to infringement or misappropriation of intellectual property or trade secrets

Class action waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SOLDNEST AGREE THAT DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

Mass arbitration

If 25 or more arbitration demands are filed against SoldNest that involve the same or similar subject matter and share common issues of law or fact, and are brought by the same or coordinated counsel ("Mass Arbitration"), the parties agree to work in good faith to implement procedures that reduce cost and increase efficiency, including:

• appointing one arbitrator to resolve common threshold issues (if permitted)
• using staged filings or bellwether proceedings (if appropriate)
• coordinating scheduling and briefing

If the arbitration provider has a mass filing protocol, the parties agree to follow it. If the provider cannot administer the Mass Arbitration under terms consistent with this section, either party may ask a court of competent jurisdiction to enforce this section and to order a fair process consistent with the FAA.

30-day right to opt out

You may opt out of arbitration and the class action waiver by sending written notice within 30 days of your first use of the Services.

Send opt-out notice to:
Email: legal@soldnest.com
Or mail: SoldNest Legal Department, 900 E. Hamilton Av #100, Campbell, CA 95008

Your notice must include your name, mailing address, email address, and a clear statement that you want to opt out of arbitration. If you opt out, you and SoldNest will not be bound by arbitration for disputes covered by this section.

California consumer notice

Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:

1625 North Market Blvd., Sacramento, CA 95834
Phone: (800) 952-5210 or (916) 445-1254

Miscellaneous

If any portion of this Agreement is found unenforceable, the remainder remains in effect.

Headings are for convenience only and do not affect interpretation.

This Agreement and the Privacy Policy are the entire agreement between you and SoldNest regarding the Services and supersede any prior agreements relating to the Services.

You may not assign this Agreement without SoldNest's prior written consent. SoldNest may assign this Agreement as permitted by law.

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