Terms and conditions

Terms and Conditions

Terms of Service

Last Updated: July 1, 2021

Section [15] of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against NestEgg in the United States. Please read them carefully.

Thank you for using NestEgg!

These Terms of Service (“Terms”) are a binding legal agreement between you and NestEgg that govern your use of the websites, applications, and other offerings from NestEgg (collectively, the “NestEgg Platform”). When used in these Terms, “NestEgg,” “we,” “us,” or “our” refers to NestEgg Online, Inc. with whom you are contracting.

 

NestEgg Online, Inc. and/or its affiliates (“us”, “we”, “our”, or “The Company”) operates this website and the NestEgg mobile application (the “Service” or “The Website”).

 

By using or accessing this site, or a subdomain of any such, any mobile application for such websites or any other website operated by us on which these Terms and Conditions are posted via a link or otherwise (each referred to herein as a “Site”), you acknowledge that you agree to and are subject to the following terms and conditions, as well as our Privacy Policy (collectively, the “Terms”). If you do not fully agree to these Terms, Privacy Policy and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. Under these Terms, “use” or “access” of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term “Site” includes, without limitation, any cached version thereof.

 

You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and The Company. You are not authorized to use this Site unless you are at least 18 years of age and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. If you arrived on the Site after having been redirected or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.

  1. The Site is a Venue and We are Not a Party to any Rental Agreement or other Transaction Between Users of the Site. 

We urge all users to be responsible with their use of this Site and any transaction entered into as a result of either listing a property or renting a property to be conducted in a respectful, non-discriminatory manner and all Users act in a manner that encourages honest dealings with one another. We do not own or manage, nor can we contract for, any rental property listed on a Site or properties tracked, stored or otherwise managed on the Site. The Website and other Sites act as a venue to allow landlords, property managers, tenants, service professionals, vendors and property owners (each, a “member”) to offer for rent in a variety of pricing formats, a specific rental property to potential renters (each, a “tenant” and, collectively with a member, the “users”). Tenants and renters alike of any sort who utilize the Site (also referred to as “users” herein). “Members” may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site. We also may offer tools for online or offline Leasing or other services to allow users to communicate, send maintenance requests, notices, and payments with each other and enter into rental agreements or other agreements and transactions. Such tools are used at the Users discretion and risk and The Website and Site are not responsible for any misuse or wrongful dealings with each other. The Site is a conduit and is not to be held responsible for the actions of its Users.

 

We are not a party to any rental or other agreement or contract between Users. Liability and enforcement of such agreements are left to the Users individually and solely. This is true even if the Site or Members allows you to screen and create a lease connection and provides other ancillary products or services, as the Site may facilitate leasing a rental or other tools, services or products, but we are not a party to any rental or other agreement between Users. All notices and related documents are not legally reviewed or tailored to any specific geographical boundary and all Users should consult an attorney before utilizing any agreements or providing notices.

 

As a result, any part of an actual or potential transaction between a tenant and a member, including the quality, condition, safety or legality of the properties and services advertised, the truth or accuracy of the listings and services (including the content thereof or any review relating to any property, service or member), the ability of members to rent a property or the ability of Tenants to contract for properties are solely the responsibility of each user.  You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to making a Leasing agreement or purchasing a product or service and may place additional restrictions on your Leasing, product or service.

 

Responsibility for applicable laws, rules, and regulations: Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.

 

Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the listing of their rental property or services and the conduct of their rental business or services, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be

circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion. Members who accept credit card, banking or other payment information from tenants agree to properly handle and safeguard all such information in accordance with applicable legal and regulatory requirements and best practices.

 

Warnings of Suspicious Activity: While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all

users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact. 

 

Use of the Service does not give you ownership of any intellectual property rights in the Service or any content posted on the Service. You own what you post on the Service (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, and distribute, and otherwise make use of in connection with providing the Service, all information and content you post so long as you have an active account. If you are a landlord and authorize us (by checking the appropriate box or boxes on our site) to syndicate your rental listing on third-party sites, you further agree that we may grant sublicenses to applicable third parties as necessary to facilitate such syndication.

 

All Users also consent to allow the Site, The Company, and its approved staff to review any and all data in connection with potential suspected fraudulent activity. In the event Fraud is suspected, the Users account will be frozen and risk being deactivated. Local and federal authorities may be contacted and prosecution may result.

  1. Limited License to Use the Site.

 

Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a rental property, searching for a property, purchasing or researching (for the purpose of inquiring about purchasing) any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.

 

THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS/THIRD PARTY VENDORS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES FOR THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SEAWORTHINESS, AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR LOST INFORMATION, PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS OF USE, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE THE SERVICE MADE AVAILABLE BY THE SITE.

  1. Unauthorized Uses of the Site.

 

The license to use the Site only extends to the uses expressly described herein. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or

search engine or another service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing property rental services or other services that compete with us.

 

Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously specifically agreed to in writing by us:

 

Any commercial use (other than by members with a fully paid up subscription in good standing (a “valid subscription”) or by members pursuant to a valid license to software offered on a Site (a “valid license”) of the Site or any content on the Site;

 

Any use of the Site or the tools and services on the Site for the purpose of Leasing or soliciting a rental for a property other than a property listed under a valid subscription;

 

Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;

 

Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;

 

Deep-link to any portion of the Site without our express written permission;

 

Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;

 

Reverse engineer any part of the Site;

 

Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;

 

Use any robot, spider, scraper, another automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;

 

Use the Site and its inquiry functionality other than to advertise and/or research rentals, to make legitimate inquiries to our members or any other use expressly authorized on the Site;

 

Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;

 

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;

 

Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or

 

Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.

 

If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of

any such violation by contacting us as set forth under “Contact Us” below.

  1. Proprietary Rights and Downloading of Information from the Site.

 

The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site other than for your personal, non-commercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.

 

As part of the rental inquiry process, for your own personal, non-commercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.

  1. Your E-mail Address and Data; Our Privacy Policy; Data Transmittal. 

 

When you provide your e-mail address, name or other information to NestEgg in connection with your use or access to the Site, any service or tool provided on the Site or otherwise, you agree to allow the Site and its affiliated websites to add your e-mail address, name or other information provided to our database of users.You may receive one or more promotional e-mails from either the Site or a website of one of NestEgg’s affiliates. You are welcome to opt not to receive such promotional e-mails from the Site or such affiliates’ websites at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of, and agreement with, our Privacy Policy. We adhere to strong principles of privacy. You agree that we may access and use your user-contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your user-contributed content in accordance with these Terms and our Privacy Policy. [(/legal/privacy-policy)]

  1. Identity Verification.

 

User verification on the Internet is difficult and we cannot, and do not assume any responsibility for the confirmation of each user’s purported identity. We encourage you to communicate directly with a user or member through the tools available on the Site, though even this does not assure you of the identity of the person with whom you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for tenants, of the property and relevant details of your leasing of rental property.

 

You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.

 

We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed. 

 

EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER NESTEGG NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR NESTEGG ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH NESTEGG AND OTHER USERS. 

 

Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner. 

  1. Limitations on Communications and Use of Other Users’ Information; No Spam.

 

You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or booking a Pro service). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent. 

 

In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.

 

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore,without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a short-term property from you or to you, to your mailing list (email or physical mail) without the user’s express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. 

  1. Responsibility for Property for Rent Listings, Pro Services Listings, Reviews and Other User-contributed content; Participation in Interactive Forums.

 

We have no duty to pre-screen content posted on the Site by members, tenants or other users, whether directly contributed by the user or contributed by us or a third party on behalf of the user (including, without limitation, property for rent listings, reviews of a rental property or a service pro contractor, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to the Site), (collectively, “user-contributed content”). We are not responsible for user-contributed content. “User-contributed content” also includes information that a user or any other person provided to a third party website or mobile application that is then provided to our Site by a tool we offer or any other exchange of user-contributed content we have authorized.

 

We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user-contributed content that fails to meet our Content Guidelines , which are incorporated by reference into these Terms, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in our discretion. Finally, we reserve the right, but do not assume the obligation, to edit a member’s content or user-contributed content in a non-substantive manner solely to cause the content to comply with our Content Guidelines or formatting requirements or to provide services to members to create or improve listings (such as translation services), in accordance with information we have about the property or service listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.

 

At a minimum, user-contributed content must (as determined by us in our discretion):

 

not infringe anyone’s rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate; 

 

not include personal information of another that can be used to identify or contact any person;

 

not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;

 

be directly related to the Site, business service, product or forum where the content is submitted;

 

not be obscene, abusive, discriminatory or illegal; or

 

not be false or misleading.

 

All property listings on the Site are the sole responsibility of the member (who may be the owner or a property manager or duly authorized agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a user’s part. Members are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to, any and all representations about any property, its amenities, location, price and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, tenant or property or services reviews, tenant entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where travelers have searched for specific dates or types of properties or services. 

 

We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify properties or services in their listings and search results. Consequently, we may change the location or geographic description associated with any property listing at any time without notice. However, we assume no responsibility to verify property or service listing content or the accuracy of the location. Members are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and travelers are solely responsible for verifying the accuracy of such content and descriptions. 

 

All other user-contributed content is the sole responsibility of the user who contributed such content, whether such user contributed the content directly or through a third-party website. Users are solely responsible for their user-contributed content and we specifically disclaim all liability for user-contributed content. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.

 

By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a property or service listing, we will not continue to display the user-contributed content that was displayed in such listing. 

 

You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name. You further agree to appear and assist us—at our expense and control—with protecting such copyrighted material from unauthorized redistribution. 

 

You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s property listing or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution,integrity or any other moral rights in any user-contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates. 

  1. Service Fee Payable by Members. 

 

We may charge a service fee payable by landlords who book a service on the Site via the Site checkout. The service fee covers the use of the Site, including such features as 24/7 user support, and may be calculated as a fixed or variable percentage of the total service amount (which may or may not include additional fees, taxes and damage deposits). Depending on the laws of the jurisdiction of the landlord and/or member, taxes may be charged on top of the service fee. The exact service fee (and any taxes, if applicable) charged will be displayed to members at the time of booking. The service fee plus applicable taxes will be charged after both the member approves the transaction.  The service fee will only be refunded in the event a member accepts cancellation of the service and refunds the entire amount. Any taxes alleged to be owed by any taxing authority on the service fee are the responsibility of NestEgg and members have no responsibility for any such claimed tax liability. Members agree not to encourage or advise a member to avoid or circumvent the service fee charged by NestEgg. 

  1. Social Media or Third-Party Websites.

 

If the Site offers a tool or service that allows us to access or use any profile or other information about you that you have provided to Facebook or another third-party website (each a “Social Media Site”) and you decide to use such tool or service, you acknowledge and agree that:

 

the information or content that is a part of your Social Media Site profile, which you have designated as“public” (or a similar designation) (with such information or content and referred to herein as []

 

The Social Media Content will be considered user-generated content under these Terms and both you and we shall have the same rights and responsibilities as you that we have with respect to user-generated content under these Terms;

 

In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and

 

The operation of your profile and account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site.

 

  1. Translations and Maps.

 

If any user-contributed content created by members or users is translated for display on the Site or any site of any affiliate of NestEgg, we cannot guarantee the accuracy or quality of such translation and the user is solely responsible for the review, verification and accuracy of such translation. Maps provided on the Site that are provided by Google are subject to the Google Maps terms and conditions located at: http://www.google.com/intl/en_us/help/terms_maps.html

  1. Notification of Infringement; DMCA Policy.

We respect the intellectual property rights of others, and NestEgg does not permit, condone or tolerate the posting of any content on the Site that infringes any person’s copyright. NestEgg will terminate, in appropriate circumstances, a member or traveler who is the source of repeat infringement of copyright.  Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement (or DMCA Policy), which are incorporated by reference into these Terms. [(/legal/dmca-policy)] 

  1. Unsolicited Ideas and Feedback.

From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seems similar to any of your submissions. If you provide any submissions to us, you agree that: (i) your submission and its contents will automatically become the property of NestEgg, without any compensation to you; (ii) NestEgg may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for NestEgg to review any submission; and (iv) there is no obligation to keep any submission confidential. 

 

We welcome your feedback regarding many areas of our business. If you want to send us your feedback, we simply request that you send it to us using the “feedback” tab located on the bottom right side of the homepage or via email feedback@nestegg.rent. Please provide only specific feedback on our Site and services. Keep in mind that we assume no obligation to keep any feedback you provide confidential and we reserve the right to use or disclose such information in any manner.

  1. Software Available on the Site. 

The Site is controlled and operated by NestEgg or an affiliate of NestEgg in the United States. Software available on the Site (the “Software”) is subject to United States export controls. No Software available on the Site or software available on any other site operated by NestEgg or an affiliate of NestEgg in the United States may be downloaded or otherwise exported or re-exported (i) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

All Software is the copyrighted work of NestEgg, an affiliate of NestEgg or an identified third party. Your use of such Software is governed by these Terms and the terms of any additional license agreement that accompanies or is included with such Software. If the Software is not accompanied by an additional license agreement, we hereby grant you a limited, personal and non-transferable license to use the Software for viewing and using this Site in accordance with these Terms and for no other purpose.

 

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED, EXCEPT AS SPECIFICALLY PROVIDED FOR IN A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

 

  1. Links to Third-Party Sites.

This Site may contain links and pointers to other Internet sites, resources and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

About the Nestegg Platform

The NestEgg Platform offers an online venue that enables users (“Users”) to publish, offer, search for, and book and receive various services. Users who publish and offer services are “Pros” and Users who search for, book, or use services are “Landlords” or “TenantsPros offer services (“Services”) such as tenant finding, repairs and maintenance, cleaning and yard service (“Jobs”), and a variety of other services (collectively, “Pro Services”).You must register an account to access and use many features of the NestEgg Platform, and must keep your account information accurate. As the provider of the NestEgg Platform, NestEgg does not own, control, offer or manage any Services. NestEgg is not a party to the contracts concluded directly between Users and Pros or among Landlords and Tenants, nor is NestEgg a real estate broker or property manager or insurer. NestEgg is not acting as an agent in any capacity for any User, [except as specified in the Payments Terms of Service] (“Payment Terms”). To learn more about NestEgg’s role see Section [16].



We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Users by the NestEgg payment entities (“NestEgg Payments“).

 

If you use the NestEgg Services, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Services.

Table of Contents

  1. Your Responsibilities and Assumption of Risk.
  2. Content.
  3. Fees.
  4. NestEgg Platform Rules.
  5. Termination, Suspension and other Measures.
  6. Modification.
  7. Resolving Complaints and Damage Claims.
  8. NestEgg’s Role.
  9. Member Accounts.
  10. Disclaimer of Warranties.
  11. Limitations on Liability.
  12. Indemnification.
  13. Contracting Entities.
  14. United States Governing Law and Venue.
  15. United States Dispute Resolution and Arbitration Agreement.
  16. Miscellaneous.
  17. Payments
  18. Rent Advance
  19. Privacy
  1. Your Responsibilities and Assumption of Risk.

1.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any service. For example, this means: (i) you are responsible for leaving a property (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are leasing for an additional person who is a minor or if you bring a minor to a property at any time, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

 

1.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the NestEgg Platform and any Content [(as defined in Section [10]), including your use of, or performance of, any services, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Service to determine whether it is suitable for you. For example, Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services.

 

1.3 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Property and Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit longer-term rental stays, subletting, or shorter-term rental stays.  Some cities have zoning or other laws that restrict the rental of residential properties. Some jurisdictions require rental properties to register, get a permit, or obtain a license or inspection before providing certain Services (such as short-term rentals, longer-term stays, property renovation or repair). In some places, the Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Tenants who stay at your Rental Accommodation. Some jurisdictions have laws that create tenancy rights and additional obligations for Landlords. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to your property, tenants and lease agreements. Check your local rules and regulations to learn what applies to the Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Tenants and others in compliance with applicable privacy laws and these Terms, including Landlord Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

 

1.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing Services. You are responsible for setting your price and establishing rules and requirements for your property and services. You must describe any and all fees and charges in your description and may not collect any additional fees or charges outside the NestEgg Platform except those expressly authorized by our Online Fee Policy. Do not encourage Tenants to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the NestEgg Platform.

 

1.5 Your Assumption of Risk. You acknowledge that use of any service carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the NestEgg Platform, which includes offering Services or any interaction or transaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the NestEgg Platform and any laws, rules, regulations, or obligations that may be applicable to you, your property or your Services and that you are not relying upon any statement of law made by NestEgg.

  1. Content.

Parts of the Nestegg Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant NestEgg a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation.  If Content includes personal information, our Privacy Policy describes how we use that personal information. Where NestEgg pays for the creation of Content or facilitates its creation, NestEgg may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant NestEgg the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that NestEgg may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. NestEgg does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

  1. Fees.

NestEgg may charge fees (and applicable Taxes) to Landlords and Tenants for use of the NestEgg Platfrom. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the NestEgg Platform, service fees are non-refundable. NestEgg reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect services or transactions made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section [13.2].

 

You agree to pay all applicable fees and taxes incurred by you or anyone using your account. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. NestEgg may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting a link to an update of these Terms or posting such changes elsewhere on the Site. If there is a dispute regarding your payment of fees, or the Service, NestEgg shall have the right to terminate your account without prior notice. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

If a payment is rejected for nonsufficient funds, the Company will be notified within five (5) business days, and will notify the landlord and tenant of the rejection and the related non-sufficient fund fee within one (1) business day of our notification that the payment was rejected. NestEgg will retry 1 time within 24h then it will be the tenant’s responsibility to initiate a new ACH transaction or to make the tenant payment in some other manner and pay the nonsufficient funds fee of $19 for each failed payment attempt. It will be the landlord’s responsibility to assess a late tenant payment fee, if any, to tenant. The tenant will be required to pay the non-sufficient fund fee, and any late fees assessed by the landlord, on or before the initiation of any new ACH transaction through the service. If tenant does not pay the non-sufficient fund fee via ACH within sixty (60) days of the notification of such non-sufficient fund fee, tenant hereby authorizes the company to charge the tenant’s credit card on file for the amount of the non-sufficient fund fee. If tenant does not have a current credit card on file and fails to pay the non-sufficient fund fee within the sixty (60) day period referred to above, the landlord authorizes the Company to charge the landlords’ credit card on file for the full amount of the non-sufficient fund fee.

  1. NestEgg Platform Rules.

4.1 Rules.  You must follow these rules and must not help or induce others to break or circumvent these rules.

Act with integrity and treat others with respectDo not lie, misrepresent something or someone, or pretend to be someone else.

Be polite and respectful when you communicate or interact with others.

Follow our Nondiscrimination Policy and do not discriminate against or harass others.

Do not scrape, hack, reverse engineer, compromise or impair the NestEgg Platform.

Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the NestEgg Platform.

Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the NestEgg Platform or Content.

Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the NestEgg Platform.

Do not take any action that could damage or adversely affect the performance or proper functioning of the NestEgg Platform.

Only use the NestEgg Platform as authorized by these Terms or another agreement with us.  

You may only use another Member’s personal information as necessary to facilitate a transaction using the NestEgg Platform as authorized by these Terms.

Do not use the NestEgg Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.

You may use Content made available through the NestEgg Platform solely as necessary to enable your use of the NestEgg Platform as a Member.

Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.

Do not request, make, or accept any payment outside of the NestEgg Platform to avoid paying fees, taxes or for any other reason. See our Online Fee Policy for exceptions.

Do not require or encourage Users to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a service or transaction, unless authorized by NestEgg.

Do not engage in any practices that are intended to manipulate our search algorithm.

Do not book Services unless you are actually using the Services.

Do not use, copy, display, mirror or frame the NestEgg Platform, any Content, any NestEgg branding, or any page layout or design without our consent.

Understand and follow the laws that apply to you, including privacy, data protection,and export laws.

Honor your legal obligations. 

If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

Read and follow our Terms, Policies and Standards.

Do not organize or facilitate unauthorized activities. You are responsible and liable for any activities that violate our rules for unauthorized activities, as incorporated by reference herein.

Do not use the name, logo, branding, or trademarks of NestEgg or others without permission.

Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifer that may be confused with NestEgg branding.

Do not offer Services that violate the laws or agreements that apply to you.

Do not offer or solicit prostitution or participate in or facilitate human trafficking.

Do not deceptively pose as a landlord or authorized property manager in order to obtain leads or other personal information about tenants may constitute a criminal offense.

 

4.2 Reporting Violations. If you believe that a Member, Property, Service or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting NestEgg. In addition, if you believe that a Member, Property, Service or Content has violated our Standards, you should report your concerns to NestEgg. If you reported an issue to local authorities, NestEgg may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

 

4.3 Copyright Notifications. If you believe that Content on the NestEgg Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

  1. Termination, Suspension and other Measures.

 

5.1 Term. The agreement between you and NestEgg reflected by these Terms is effective when you access the NestEgg Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

 

5.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. NestEgg may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. NestEgg may also terminate this agreement immediately and without notice and stop providing access to the NestEgg Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect NestEgg, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

 

5.3 Member Violations. If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) NestEgg believes it is reasonably necessary to protect NestEgg, its Members, or third parties; NestEgg may, with or without prior notice:

 

suspend or limit your access to or use of the NestEgg Platform and/or your account;

suspend or remove Listings, Reviews, or other Content;

cancel pending or confirmed transactions; or

suspend or revoke any special status associated with your account.

 

For minor violations or where otherwise appropriate as NestEgg determines in its sole discretion, you will be given notice of any intended measure by NestEgg and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a reservation is cancelled under this Section, the amount paid will be reduced by the amount we refund or otherwise provide to the Member, and by any other costs we incur as a result of the cancellation.

 

5.4 Legal Mandates. NestEgg may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section [5.3].

 

5.5 Effect of Termination. If you are a User and terminate your NestEgg account, any pending transactions will be automatically cancelled. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the NestEgg Platform has been limited, or your NestEgg account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the NestEgg Platform through an account of another Member.

 

5.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections [2] through [26].

  1. Modification.

NestEgg may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the NestEgg Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the NestEgg Platform will constitute acceptance of the revised Terms.

  1. Resolving Complaints and Damage Claims.

If a Member provides evidence that another Member damaged their real or personal property (“Damage Claim“), the complaining Member can seek compensation through the Resolution Center. If the complaining Member escalates a Damage Claim to NestEgg, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or NestEgg determines in its sole discretion that they are responsible for the Damage Claim, NestEgg via NestEgg Payments can collect any sums required to cover the Damage Claim from the responding Member and/or against any security deposit. You agree that NestEgg  may seek to recover from you under any insurance policies you maintain and that NestEgg may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information NestEgg requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims underinsurance policies, or other claims related to your provision or use of the Services.

7.1. Insurance requirements.  By using the Service, each Pro represents and warrants that it has current general liability insurance and workers compensation insurance with an insurance umbrella of, or in excess of, One Million Dollars ($1,000,000). Each Pro agrees that its insurance shall be primarily liable in respect of any damages caused by such Pro.

  1. NestEgg’s Role.

We offer a platform that enables Members to publish, offer, search for, and book Services.  While we work hard to ensure our Members have great experiences using NestEgg, we do not and cannot control the conduct of Users and Members. You acknowledge that NestEgg has the right, but does not have any obligation, to monitor the use of the NestEgg Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the NestEgg Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Services or Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that NestEgg administers its Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for tenants), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist NestEgg in good faith, and to provide NestEgg with such information and take such actions as may be reasonably requested by NestEgg with respect to any investigation undertaken by NestEgg regarding the use or abuse of the NestEgg Platform. NestEgg is not acting as an agent for any Member except for where NestEgg Payments acts as a collection agent as provided in the Payments Terms.

  1. Member Accounts.

 

You must register an account to access and use many features of the NestEgg Platform.  Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the NestEgg Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify NestEgg if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

  1. Disclaimer of Warranties.

 

We provide the NestEgg Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Tenant, Landlord, Pro or Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the NestEgg Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing on NestEgg has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

  1. Limitations on Liability.

Neither NestEgg (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the NestEgg Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the NestEgg Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the NestEgg Platform, or (iv) publishing or booking of a Listing, including the provision or use of Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not NestEgg has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments under these Terms, or make payments under the NestEgg Happiness Guarantee, in no event will NestEgg’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the NestEgg Platform, any Content, or any Host Service, exceed: (A) to Tenants, the amount you paid as a Tenant during the 12-month period prior to the event giving rise to the liability, (B) to Landlords, the amount paid to you as a Landlord in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).

THE PROS AND OTHER THIRD-PARTY SUPPLIERS PROVIDING PRODUCTS OR SERVICES LISTED ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF NESTEGG. NESTEGG IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY PRO OR OTHER USER OR FOR ANY PERSONAL INJURIES, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR BOOKING OF A JOB OR USE OF THE SERVICE. NESTEGG HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY FORCE MAJEURE OR OTHER CAUSES BEYOND OUR DIRECT CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

These limitations of liability and damages are fundamental elements of the agreement between you and NestEgg. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

  1. Indemnification.

 

To the maximum extent permitted by applicable law, you agree to release, defend (at NestEgg’s option), indemnify, and hold NestEgg (including NestEgg Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the NestEgg Platform, (iii) your interaction with any Member, stay at an Property, participation in any Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

  1. United States Governing Law and Venue.

You must reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section [15] must be brought in state or federal court in the State of Delaware unless we both agree in writing to some other location. You and we both consent to venue and personal jurisdiction in the State of Delaware.  

[14…]

  1. United States Dispute Resolution and Arbitration Agreement.

15.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against NestEgg  in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section [15] applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

15.2 Overview of Dispute Resolution Process. NestEgg is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with NestEgg’s customer service team (described in paragraph 15.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and NestEgg each retain the right to seek relief in small claims court as an alternative to arbitration.

15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and NestEgg each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to NestEgg by mailing it to Nestegg’s agent for service: Registered Agent to NestEgg Online, Inc., 251 Little Falls Drive, Wilmington, Delaware 19808.  NestEgg will send its notice of dispute to the email address associated with your NestEgg account.  A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

15.4 Agreement to Arbitrate. You and NestEgg mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the NestEgg Platform, Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and NestEgg agree that the arbitrator will decide that issue.

15.5 Exceptions to Arbitration Agreement. You and NestEgg each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section [14]): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and NestEgg agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

15.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

15.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, NestEgg agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in the State of Delaware; (c) via phone or video conference; or (d) if all parties agree in writing, by solely the submission of documents to the arbitrator.

15.8 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, NestEgg will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and theAAA Rules.

15.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

15.10 Jury Trial Waiver. You and NestEgg acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

15.11 No Class Actions or Representative Proceedings. You and NestEgg acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding.  Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

15.12 Severability. Except as provided in Section 15.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

15.13 Changes to Agreement to Arbitrate. If NestEgg changes this Section 15 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and NestEgg (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and NestEgg.

15.14 Survival. Except as provided in Section 15.12 and subject to Section [13.6], this Section 15 will survive any termination of these Terms and will continue to apply even if you stop using the NestEgg Platform or terminate your NestEgg account. 

  1. Miscellaneous.

16.1 Other Terms Incorporated by Reference. Our Happiness Guarantee Terms, Stripe and Plaid Terms, Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the NestEgg Platform, are incorporated by reference, and form part of your agreement with NestEgg.

16.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between NestEgg and you pertaining to your access to or use of the NestEgg Platform and supersede any and all prior oral or written understandings or agreements between NestEgg and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and NestEgg.  If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 15.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

16.3 No Waiver. NestEgg’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

16.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without NestEgg’s prior written consent. NestEgg may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

16.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by NestEgg via email, NestEgg Platform notification, messaging service (including SMS and Chat),or any other contact method we enable and you provide. 

16.6 Third-Party Services. The NestEgg Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. NestEgg is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

16.7 Google Terms. Some translations on the NestEgg Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the NestEgg Platform implement GoogleMaps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

16.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

16.9 NestEgg Platform Content. Content made available through the NestEgg Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of NestEgg and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the NestEgg Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, NestEgg grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the NestEgg Platform and accessible to you, solely for your personal and non-commercial use.

16.10 Force Majeure. NestEgg shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

16.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your NestEgg account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a NestEgg account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

16.12 Contact Us. If you have any questions about these Terms please email us:

contact@nestegg.rent

Or write to us at:

NestEgg Online, Inc.

ATTN: Account Services

3720 N Milwaukee Ave

Chicago, IL 60641

  1. Payments

 

When landlords book a Job, we collect certain personal and transactional information (e.g., name, address, email address, credit/debit card details). For details on how we use this information, please read our PRIVACY POLICY.

 

NestEgg uses Stripe to execute online payment transactions, which transactions are subject to the Stripe Connected Account Agreement (HTTPS://STRIPE.COM/CONNECT/ACCOUNT-TERMS;

HTTPS://STRIPE.COM/US/CONNECT-ACCOUNT/LEGAL), which includes the Stripe Services Agreement (HTTPS://STRIPE.COM/US/LEGAL) (collectively, the “ Stripe Terms ”). 

 

By using the Service to receive payment via Stripe, each landlord agrees to be bound by the Stripe Terms, which may be modified from time to time. As a condition of NestEgg enabling payment processing services through Stripe, each landlord authorizes NestEgg to obtain all necessary access and perform all necessary activity on such landlord’s Stripe Connected Account to facilitate such landlord’s relationship with NestEgg and use of the Service. Each landlord further agrees to provide accurate and complete information and authorizes NestEgg to share it and transaction information with Stripe for the purposes of facilitating payment processing services provided by Stripe

For the avoidance of doubt, if any payment landlords or tenants initiate using the Service does not successfully complete, NestEgg reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make repeating automatic payments will remain in effect until cancelled.

Users transfer money using the Service and NestEgg is not responsible for what recipients do with the payments you make. For example, NestEgg is not responsible for your landlord returning your deposit. If a payor or payor’s bank or card issuer initiates a reversal, chargeback, or dispute of a payment made to you, you authorize NestEgg and our third-party payment providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. In the event we are unable to reverse or otherwise debit funds from your account, you agree promptly to deposit such funds upon our request. We may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe a default, fraud or other abuse of the Service has occurred.

NestEgg is not responsible for loss incurred as a result of non-sufficient funds, returned checks, chargebacks, claims, reversals, WSUPP retrieval fee, recall fees, excessive returns fees, early funding fees, account maintenance fees, or any unforeseeable or unsuccessful transaction or fees associated with one or more transactions. When appropriate, non-sufficient funds fees and returned checks fees will be passed on to tenants. The company reserves the right to seek reimbursement from the landlord, and the landlord will reimburse the company, if the company discovers a fraudulent transaction, erroneous or duplicate transaction, or if the company receives a chargeback or reversal from any User’s credit card company or bank for any reason.

You agree to, and acknowledge our right to, investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by the company in an effort to investigate fraud.

The landlord agrees that the company has the right to obtain such reimbursement by charging the landlords account, deducting or offsetting amounts from future payments or transfers, charging landlord’s credit card or any bank account associated with  your account, or obtaining reimbursement from the landlord by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a chargeback or a reversal of payment is cause for termination of a landlord’s account.

The company is not responsible for delays associated with postal delivery or any resulting late fees or penalties for which you may be responsible. We are also not responsible for any losses resulting from third-party fraud or other crimes committed in connection with the interception or misdelivery of mailed checks.

18. Rent Advance

Rent Advance is for property owners who want to take the uncertainty out of their rental income.  You have a finely balanced budget and, with life getting in the way and bank processing times, rent can take up to a week after your tenant sends it in for it to be available in your bank account.

Now, with Rent Advance, we’ll solve that problem by depositing rent into your bank account up front on the 1st of every month, and then we’ll take care of collecting it from your tenant throughout the month.

What you get

We will:

  • Pay your full rent into your account on the 1st of every month, regardless of when it is collected from your tenant.
  • Take care of collecting rent from your tenant on your behalf.
  • Provide helpful reminders, notifications, and other communication to ensure you are fully informed at all times.

What you do

You will:

  • Collect rent via the NestEgg platform. No fees, no hassle.
  • Agree to our tenant late fees and inform the tenant of such, including amending or adding a rider to the lease as required.
  • If your tenant has not paid rent for 14 consecutive days after their normal payment date, then they will be considered to be in arrears, and you agree to return the full Rent Advance payment back to NestEgg.

Rent Advance is offered pursuant to NestEgg’s Terms of Service and our payment processor Stripe’s Connected Account Agreement. If any provision contained in these terms conflicts with any provision of the NestEgg Terms of Service or the Stripe Connected Account Agreement, the provision contained in such other agreement shall govern and control.

HTTPS://STRIPE.COM/CONNECT/ACCOUNT-TERMS

 

19. Privacy

Our Privacy Policy (a current copy of which may be viewed HERE) is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information and notices concerning our collection, use, and disclosure of certain information we receive when you register for, use, or access the Service. You hereby agree to abide by our Privacy Policy and to stay informed of any changes to the posted policy. 

If you are a landlord requesting a credit report or a background check report from a prospective tenant, you certify that you are making such request, and will use such report, for the purpose of your own evaluation of the prospective tenant in connection with that tenant’s rental application and for no other purpose. If you are a tenant ordering a credit report or background check report, you certify that you are ordering such report, and will use such report, for the purpose of furnishing the report to a prospective landlord in connection with your rental application and for no other purpose. You agree not to share any credit report or background check report obtained through the Company with anyone other than as allowed using the service. 

When a landlord requests a credit report and/or a background check report from prospective tenants using the service we will give the prospective tenant the option to order a single-use copy of his or her credit report and/or background check report and to share it with the requesting landlord. To provide this portion of the Service, we may ask for your Social Security Number and other personally identifying information (such as information about other creditors you have had), which we will share with our third-party credit reporting agency for the purposes of preparing and sharing reports and verifying your identity, and which we will not store (except than on a temporary basis) or use for any other purpose. 

Each User acknowledges and agrees that NestEgg is not a credit bureau and does not control the contents of credit reports, background checks and other products for screening including reports obtained through the Service. We are NOT responsible for the contents of any credit report or background check report or any credit score, whether correct or incorrect. Credit reports and background check reports can contain information that is incorrect, incomplete, or not up to date, and reports are not a substitute for carefully reviewing and independently verifying all information contained in a rental application and interviewing a prospective tenant. If you believe that any information contained in your credit report or background check report is inaccurate or incomplete, you have the right to dispute it. To dispute the contents of your credit report, please contact the appropriate third party vendor in which the service was purchased.

2021 $500 CASHBACK PROMOTIONAL OFFER TERMS & CONDITIONS

1. For new users who sign up for NestEgg Growth or NestEgg Freedom only

a. New users are defined as users who have not used NestEgg previously and/or do not have a previous account with NestEgg

b. Users who are enrolled in NestEgg Starter do not qualify for this offer

2. Users must be enrolled in NestEgg’s rent collection service

3. Qualifying users will receive a bonus payout each month alongside their monthly rent payments for 12 months, totaling a sum of $500

a. If qualifying users stop collecting rent with NestEgg, they will not receive any further payouts from this bonus offer

b. If qualifying users cancel their account or have their account suspended for any reason, they will not receive further payouts from this bonus offer

4. NestEgg reserves the right to end this bonus offer at any time for any reason