TERMS OF SERVICE:
These Terms of Service provide important information about the content you access, the information and submissions you provide, your obligations when using the Services, and the limits of our liability. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
The Services are owned and operated by PoweredByNILE Technology, Inc. a Delaware corporation with a business office located at 12130 Millennium Drive, Suite 300, Los Angeles, CA 90094. Notices may be issued to legal@PoweredByNILE.com.
PoweredByNILE is pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the areas we serve, and to compliance with all applicable human rights legislations. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, dissability, familial status, national origin, or as the result of being part of any other legally protected group.
To access and use the Services, you must be at least the age of majority in the state, province, or territory where you live, and you represent that you have capacity to enter into a binding agreement. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
PoweredByNILE is a technology application. PoweredByNILE is not a licensed real estate brokerage and is not providing advice related to real estate services. You agree to seek real estate, legal, tax, insurance, title and other desired assistance from appropriate professionals. We do not owe You the duties imposed by law that real estate brokers owe their clients. Nothing in this website or in any communications between You and Us should be interpreted as individual advice about your particular situation
INTELLECTUAL PROPERTY AND LICENSING
Our content, including any content licensed to us by third-party content providers ( “Providers”), is protected by U.S. and international intellectual property laws and treaties.
PoweredByNILE grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services so long as your use complies with this Agreement.
You may not modify, recreate, reproduce, decompile, dissemble, reverse-engineer,redistribute, license or create derivative works based upon, or attempt to commercially gain from your use or misuse of our Services, or any of their components.
You will only use these Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third-party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services.
You may not use any meta-tags or other hidden text using any PoweredByNILE company name, trademark, service mark, graphic or logo without our written permission. You may not remove, obscure, or modify any copyright or other intellectual property notices that appear on or in the Services. Further, you may not engage in any activity that (i) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (ii) compromises or attempts to compromise the security of your account or the account of another including any attempts to obtain passwords or security information; (iii) violates the security of any computer network, or cracks any passwords or security encryption codes.
You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic devices, programs, algorithms or technology to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website
Real estate agents, brokers, salespersons, and other professionals are welcome on the site, but not to promote their services. You agree not to publicly post your business information, contact information or website address or otherwise promote your services on or through the Services. Further, You may not embed any marketing information in listing photos or videos, including an agent’s name, company or brokerage name, logo, phone number, or email address.
By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any moral rights in such submission have been waived, and (ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or in part) and/or to incorporate it in other works in any form, media, or technology (now known or later developed), in our sole discretion, with or without your name.
If you violate any of the terms and conditions herein, we may revoke your permission to access and use the Services or terminate your access to and use of the Services, and we may block or prevent you from accessing the Services, at our discretion. If you violate these Terms of Service or the Agreement, your permission to access and use the Services is automatically revoked. We reserve the right to monitor access and use of the website and our applications, and investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law or the Terms to the fullest extent of the law.
THIRD PARTY SERVICES
The Services may contain links or connections to (or may otherwise integrate) third-party websites or services that are not owned or controlled by PoweredByNILE. When you access third-party websites or use third-party services within the Services, you accept that there are risks in doing so, and that PoweredByNILE is not responsible for such risks.
Multiple Listing Service
The Multiple Listing Service (MLS), a source of the information we provide to you, is not responsible or liable, directly or indirectly, in any way, for any loss or damage of any kind incurred as a result of, or in connection with, your or any other user’s use of or reliance on any listing information, any related data, or posted or hyperlinked comments or reviews on our website.
PoweredByNILE is not responsible for and does not endorse any features, content, advertising, products or other materials on or available through third-party sites, even if originally accessed via a link on our Sites.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. You agree that PoweredByNILE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings (including, without limitation, for any reviews or comments made about you on the Services by other users).
PoweredByNILE Home Value Estimate, Market Trend Reports and PoweredByNILE Listing Value Ranges (Collectively, estimates) are calculated using publicly-available information and PoweredByNILE’s proprietary valuation model built by our in-house team of real estate valuation professionals. It typically takes into account hundreds of data sets related to your home, characteristics and its location
PoweredByNILE Offer Scores
We may provide you with an Offer Score that calculates the overall rating of a purchase offer based on specific details of the applicable offer, including, but not limited to, price and financial considerations and other technical factors. The provided Offer Score cannot take into account all potentially relevant details of the offer or buyer, whether known or unknown to us. You acknowledge and agree that any Offer Score is provided by us as an accommodation to you without any warranty as to its accuracy. We cannot guarantee that an offer with a higher score will be more likely to successfully close or otherwise achieve better results than an offer with a lower score. You acknowledge and agree that we have no liability to you arising from or related to your use of the Offer Score.
Real estate Commissions and Estimated Closing Costs.
Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller [or buyer client] and broker.”
The estimates provided in net sheets are not a guarantee or an offer from PoweredByNILE, our agents or representatives. The actual amounts may be modified, limited, prohibited, or reduced pursuant to the purchase agreement, Lender restrictions, federal Veterans Administration, Federal Housing Administration, and United States Department of Agriculture loan programs, or other state or federal rules, laws, or regulations. If the transaction includes a short sale, additional restrictions may apply.
Therefore, neither PoweredByNILE, our agents, or representatives make any warranties prior to the close of escrow as to the precise amount of estimated closing costs including transfer taxes and fees charged. You understand that these fees are ultimately calculated based on the final sales price of the Property and not the original listing price.
TCPA,CONSENT TO BE CONTACTED, AND NOTICES
As outlined in the Telephone Consumer Protection Act (TCPA), if you provide, or have provided, a telephone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender. You represent and warrant that you are the authorized subscriber for any telephone number(s) you have provided. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.
If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated, the notices are effective immediately.
INTELLECTUAL PROPERTY INFRINGEMENT
You agree that you will not use our Services in any manner that infringes the rights of any third-party. Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law: If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to
NILE Technology, Inc. .
12130 Millennium Drive, Suite 300
Los Angeles, CA 90094
To be sure the matter is properly processed, your written notice must:
Contain your physical or electronic signature; identify the copyrighted work or other intellectual property alleged to have been infringed; Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material; contain adequate information by which ee can contact you (including postal address, telephone number, and e-mail address); contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; contain a statement that the information in the written notice is accurate; and contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
THE SERVICES AND CONTENT ARE PROVIDED BY NILE Technology, Inc (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Neither PoweredByNILE nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from PoweredByNILE or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third-party for a specific product). . If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You agree to indemnify, defend, and hold harmless PoweredByNILE, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third-party. You must not settle any such claim or matter without the prior written consent of PoweredByNILE. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate.
CHOICE OF LAW
PoweredByNILE is controlled and operated from NILE Technology, Inc United States offices in California. PoweredByNILE makes no representation that the Services are appropriate or available for use in any particular location. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Central District of California. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND NILE TECHNOLOGY, INC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of PoweredByNILE.