Nesthawk Term of Use

Thank you for visiting this website. The terms and conditions that apply to your access and use of this website (and the information, products, and services available throughout this website) are set forth below. By using this website, you accept and agree to comply with all of the terms and conditions hereof, which form a legally binding agreement between you and Nesthawk (the "Terms of Use" or "Usage Agreement"). If you are advertising with us, you also accept and agree to comply with all the terms and conditions of our Advertising Agreement.

General

You shall be responsible for protecting the confidentiality of your password(s) if any. Please see our Privacy Policy for terms applicable to our data collection and use practices. Additionally, please see our Advertising or Member Policy for additional information related to advertising with or becoming a member of one of Nesthawk websites.

We reserve the right to change the terms of this Usage Agreement, including our separate Privacy Policy, from time to time, as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes, and encourage you to periodically check back and review this Usage Agreement so that you will know what terms and conditions apply to your access and use of this website. Your continued use of this website after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. This website may change, and we may restrict access to, suspend or discontinue this website, or any portion of this website, at any time.

We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of Nesthawk, its owners, affiliates, licensors or licenses.

Ownership; License

This website and all content displayed on this website, as well as all software, data, and information used to provide this website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by Nesthawk, its owners, affiliates, licensors or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties, including, without limitation, applicable intellectual property laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the website except as expressly authorized in this Usage Agreement, you may not modify, distribute, reproduce, display, or use this website or any elements thereof. All rights not expressly granted to you by us in this Usage Agreement are reserved to Nesthawk and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether copyrighted or not, from the website as authorized hereunder.

This website includes certain trademarks and service marks owned by Nesthawk, its affiliates, and others. You agree not to copy, use, or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark or other notices from any of the content.

Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics is strictly prohibited without prior express written permission of Nesthawk. In addition to the foregoing prohibitions, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the website, with any other software or content of a third party. You may not use any meta tags or any other "hidden text" utilizing the names or trademarks of Nesthawk, its owners, affiliates, licensors or licensees without their express written consent. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this website or the services offered herein. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this website using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose.

Links

This website may provide links or references to third party sites that Nesthawk does not operate, and which will allow you to leave the website or open an additional browser connecting you to the third-party site. Nesthawk has no responsibility for the content of such third-party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third-party sites. Any such links to third party sites are provided as merely a convenience to the users of this website, and such links do not imply endorsement by Nesthawk of such other third party sites or the content contained therein. Nesthawk disclaims all liability regarding your access to such linked websites, and access to any other internet websites linked to this website is at your own risk. You should consult the terms of use and privacy policy of any other internet website.

Use at Your Own Risk

We provide the material available through this website for informational purposes only. You may use the content, information, data, and materials ("Information") from, and the products and services available through, this website solely for your personal and non-commercial use. Before you act on any information you have found on this website, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE. With respect to our classified advertising services, please note that we do not sell the advertised items directly and are not involved in any actual transaction between any seller and buyer; without limiting the foregoing, we do not guarantee or ensure any item advertised or the completion of any transaction or collect or process payment, act as an escrow service or transfer title, nor do we warehouse, store, ship or deliver any item that is advertised.

Disclaimer of Warranties

YOU AGREE THAT THIS WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY US ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF THIS WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services available through, published on or promoted over this website, including information, products, and services referred to, advertised or promoted on or sold through the website. Neither Nesthawk, nor any of its owners, affiliates or licensees warrant that this website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this website, or as to the accuracy, reliability or completeness of content or any information, product or service provided or made available through this website. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NESTHAWK, ITS OWNERS, AFFILIATES, LICENSORS, AND LICENSEES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

NEITHER NESTHAWK NOR ANY OF ITS OWNERS, AFFILIATES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEBSITE. IN NO EVENT SHALL NESTHAWK, ITS OWNERS, AFFILIATES, LICENSORS OR ITS LICENSEES OR PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF NESTHAWK OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, you agree that the entire liability, if any, of Nesthawk, its owners, affiliates, licensors and licensees arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, this website or any information, products or services available through this website will not exceed the amount that you paid to Nesthawk, if any, for (i) the use of this website or (ii) such information, products or services. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

Release and Indemnity

You agree to release, defend and hold harmless Nesthawk, its owners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorney's fees, arising from or relating to:(i) your breach of this Usage Agreement or any matter for which you are responsible or liable under the terms of this Usage Agreement, or (ii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Your Account

To protect the account information of our members, Nesthawk assigns to each member either a unique user name or password or a unique ad ID number. These unique identifiers are disclosed to the user via email immediately upon joining the Nesthawk network. Only members have the ability to modify their personal information and delete their ads as needed.

If you become a member of this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to and accept sole responsibility for any and all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of, or visitor to, this website due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.

In order to purchase products or services from this website or use this website to sell a product or service, you must be at least eighteen (18) years of age and use a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.

Data Security

We have in place, what we believe to be, reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the internet.

Data Collection and Use

Any personally identifiable information provided by you in electronic communications to the website is governed by this website's Privacy Policy. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in this Usage Agreement by reference.

Use of Communications Services

We may provide a variety of services on this website through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas ("Communications Services"). We cannot and do not review every posting made in our blogs, chat rooms, forums, and other areas available for public postings. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff, and we are not responsible or liable for, and do not assume any responsibility in respect of, the views and opinions expressed. We encourage an open exchange of information and ideas but want everyone to be able to enjoy these Communications Services.

We do not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of this website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to this website, our customers, the public or Nesthawk and its owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the content of this website, including blogs, message boards, chat rooms, listings, forums, and other information posted to the website to determine compliance with this Usage Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal purposes or other reasons. By using this website, you agree not to post, submit or transmit through this website any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, that encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to this website or otherwise to the owners of this website shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to or through this website. We reserve the right to deny access to any Communications Service to anyone who violates this Usage Agreement or who, in our judgment, interferes with the ability of others to enjoy this website or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Posted Materials

You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, "Ideas") to us via this website, whether by submission to a public area of the website (e.g., blogs or message boards) or by other communication to us through email or other means of electronic communication facilitated by the website. Although Nesthawk does not claim ownership of content that its users post, by submitting communications, materials or ideas to us or any public area of this website, you grant Nesthawk, its owners, affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and ideas (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter on a worldwide basis. You also permit any other user of this website to access, view, store or reproduce the material or ideas for that user's personal use. Such purposes may include disclosure to third parties. By posting or submitting such information, you hereby waive any claim that Nesthawk misappropriated any such materials, ideas or any portions of your communication.

Notification of Claims of Infringement

Nesthawk respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from this website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Nesthawk' Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material.

Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number, and email address).

A statement that the complaining party has a good faith belief that use of the material is unauthorized and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries, including notification of claims of infringement, please contact Nesthawk' Copyright Agent at Nesthawk.

Copyright

Copyright of this website is owned by Nesthawk and this website may only be used for informational purposes. The content displayed on this website, including but not limited to the website’s look and feel, layout, text, graphics, images, sound or video materials, designs, the URL and software (collectively "content"), is either the property of, or used with permission by Nesthawk and is protected by the U.S. and international copyright and trademark laws. All rights, including but not limited to, copyright, title and interest in the content belong to Nesthawk and/or its respective owners. The compilation of all content on this website is also the exclusive property of Nesthawk and/or its respective owners and protected by the U.S. and international copyright laws.

You are strictly prohibited from reproducing, republishing, copying, transmitting, distributing in any form, or by any means, any content. You may not modify, adapt, reverse engineer or in any way exploit any of the content in whole or in part, except as expressly stated otherwise in Terms of Use or Visitor Agreement (if posted on this website) and/or the prior written consent of the owner of the content. Any unauthorized use of the content is a violation of copyright laws and trademark laws, and may also violate laws of privacy and publicity, and/or communications regulations and statutes. Any of these violations may subject you to criminal penalties.

Trademarks

The trademarks, service marks, trade names, domain names and logos ("Trademarks") displayed on this website are either pending, registered or unregistered Trademarks of Nesthawk or their respective owners. You may NOT use any of the Trademarks without the express written authorization of Nesthawk or the respective owners.

If you have any questions with respect to these copyright and trademark notices, or for further information on Intellectual Property matters, please contact Nesthawk at info@nesthawk.com.

Violation of These Terms of Use

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary for connection with any investigation or complaint regarding your use of this website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any communication by you with us through this website or any service offered on or through this website, and may also disclose such data if required to do so by law or we determine that such disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Nesthawk, its employees, users of or visitors to this website, and the public.

Without limiting any other portion of these Terms of Use, you agree that we may, in our sole discretion and without prior notice, terminate your access to this website and/or block your future access to this website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Nesthawk may have at law or in equity.

Miscellaneous

Use of this website by you for spamming is strictly prohibited. By using this website, you agree not to use information concerning other users of this website, or any items such users have listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor.

This Usage Agreement is governed by the laws of the Commonwealth of Virginia, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in the Eastern District of Virginia, U.S.A., in all disputes arising out of or relating to the use of this website or the information, products or services available through this website. Use of this website or the information, products or services available through this website is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nesthawk as a result of this Usage Agreement or your use of this website or the information, products or services available through this website.

You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You shall use this website and the information, products, and services available through this website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying this website or the information, products or services available through this website will not be permitted.

You agree that we may, in our sole discretion and without prior notice, terminate your access to this website, [which includes any discontinuance or material modification of this website or any service offered on or through this website, or due to any unexpected technical issues or problems. We reserve the right to deny access to the site at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Nesthawk. You agree that Nesthawk will not be liable to you or to any third party for termination of your access to this website as a result of any violation of these Terms of Use. You agree that any and all causes of action arising out of or relating to this website or the information, products or services available through this website shall be resolved individually, without resort to any form of class action.

If for any reason a court of competent jurisdiction finds any provision of this Usage Agreement, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect. Failure by Nesthawk to enforce any provision of this Usage Agreement will not be deemed a waiver of future enforcement of that or any other provision of this Usage Agreement.

This Usage Agreement constitutes the entire agreement between the parties regarding the subject matter hereof. You also may be subject to additional terms and conditions that apply when you use or purchase certain other products or services from Nesthawk.

Questions

If you have any questions, please contact us at Nesthawk, Intellectual Property Administrator, PO BOX 53302 Atlanta, GA 30355 info@nesthawk.com or (888) 898-6378

Privacy Policy

Thank you for using services from Nesthawk ("Nesthawk," "we," "us" or "our"). Nesthawk provides an easy way for consumers to tour residential properties that are listed for sale. We also provide services for consumers to list, sell and buy homes using online tools. We appreciate your use of and contributions to www.nesthawk.com (the “Website”), the Nesthawk mobile app (the”App”) (the Website and the App may be referred to collectively as the “Software”) , and/or our related services (collectively known as the "Services," or, each individually, a "Service"). Nesthawk respects your privacy and is committed to protecting your personal information. We comply with our Privacy Policy, as well as applicable U.S. privacy law, when we gather and use information from users of the Services. We encourage you to read this privacy policy to understand what we do with the information we collect from you. Nesthawk updates the privacy policy from time to time. Nesthawk complaints or questions regarding the privacy policy may be sent to info@nesthawk.com.

Nesthawk Holdings, Inc. and its subsidiaries (“Nesthawk”) collects certain information from you through the www.nesthawk.com (the “Website”) and the Nesthawk mobile app (the “App”). By using our Service you understand and agree that we are providing a platform for you to post content, including photos, comments and other materials ("User Content"), to the Service and to share User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy and our Terms of Use (which can be found at www.nesthawk.com/terms). Our Policy applies to all visitors, users, and others who access the Service ("Users").

Your use of the Software constitutes an acceptance of this Privacy Policy and forms a legally-binding contract between the Company and you. If you do not agree to the terms of this Privacy Policy, immediately discontinue use of the Software and delete the App from your mobile device. In addition, to revoke consent to the use of your information and to have your information removed from our database, contact us using the contact information listed at the end of this Privacy Policy and your information will be deleted.

If you interact with the Software as both a Seller and a Buyer, the respective privacy statements apply to your different interactions.

Any capitalized words not expressly defined in this Privacy Policy have the meanings assigned to them in the Terms of Use agreement of which this Privacy Policy forms an integral part.

Collection of Information

When you use the Services, we collect a variety of information.

Cookies and Web beacons

When using the Services, you may provide information about yourself, such as name, address, phone number, email and details around a potential transaction. This may occur, for example, when you register on Nesthawk, claim a home, correspond with a real estate agent or other service provider via the Services, or complete other forms. You may also provide information about a third party through the Services, for example, if you share a real estate listing with a recipient via email. We may combine this information with other information we collect from your interaction with the Services or from other companies. In addition, when you order products or services through the Services, Nesthawk may collect your credit/debit card information. This information is secured using industry-standard encryption technology. Nesthawk will use this information solely to complete your order and will not share this information with outside parties, except to the extent necessary to complete the order or comply with applicable law.

Third-party Cookies

We work with service providers and advertising networks to track and manage cookie information and your activities while you're using the Services and your online activities over time and across different websites. For example, third-parties may use cookies to deliver advertisements to you based on your visit to the Services. For additional information, please refer to the section below entitled, "Behavioral Advertising." You may opt-out of cookie tracking and analysis from any of these service providers and advertising networks by opting out of collection of information, which is explained further below. We have implemented Google Analytics remarketing, which tracks and manages cookie information so that we and third-party service providers can better deliver advertisements that are relevant and useful to you on Nesthawk websites and various websites across the Internet. We have also implemented Google Analytics display network impression reporting to better understand how ad impressions and ad services are related to visits to our sites

Mobile Device and Mobile Browser

You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer.

Usage logs

When you use the Services, your computer or other electronic device communicates a variety of information to computer servers, including the existence of cookies, your Internet Protocol address, and information about your browser program. We also create a record of what information you are requesting, such as the page or subject areas you're visiting.

Social Networks

If you use the social networking connection functions offered through the Services, we may access all of your social network profile information that you have made available to be shared and to use it in accordance with this privacy policy. Please refer to the instructions governing your social network account to manage the information that is shared through your account.

Calls

Calls to Nesthawk or to third parties through Nesthawk may be recorded or monitored for quality assurance and customer service purposes. If a call is recorded between you and a third party, it will be deemed private information of both you and the third party, and may be released to either of you.

Usage and Disclosure

In general, Nesthawk uses the information collected from you to communicate with you and operate our Services. Nesthawk also uses this information to respond to your requests and present you with advertising that we believe will be of interest or useful to you. Your privacy is important and we are committed to protecting information that identifies you personally, where you have chosen to keep it private ("Personal Information"). We will only share Personal Information that you provide outside the public areas of the Services in the following circumstances

Consent

When you consent or direct Nesthawk to share the Personal Information. For example, if you choose to contact a real estate agent, lender or real estate related vendor through the Services, your name and email address will appear to the recipient of the message.

Service providers to Nesthawk

When Nesthawk hires a service provider to help operate the Services or our business, Nesthawk may give access to Personal Information only as necessary to perform the service for Nesthawk, and subject to the terms of this privacy policy.

Partners with whom we conduct business

Nesthawk may give business partners access to Personal Information only as necessary to offer products and services with those business partners, and subject to the terms of this privacy policy.

Legal obligation or protection from harm

When Nesthawk has a good faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Nesthawk, its users, or the public against harm.

Merger or sale

If and when Nesthawk is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, Personal Information may be transferred along with the business.

Personal Information

When you provide public information without identifying yourself, we will protect your personal identity as described above. If your account profile does not identify you personally, Nesthawk won't reveal your identity to third parties except in accordance with this policy. You should keep in mind that the information that you choose to provide in a public area of the Services (such as your profile page or the discussion forums) will not be protected by this privacy policy because you have made an active choice to make that information public. We are not responsible for any Personal Information you choose to submit in any public area of the Services. When we deliver ads based on data about your use of the Services, we keep your identity anonymous. We won't identify you personally to third parties, except in accordance with this privacy policy. Of course, if you choose to respond to an advertised offer with your name and contact information, you will no longer be anonymous to the advertiser. Further, while we do not share your Personal Information with third parties unless permitted above, Nesthawk may share aggregate anonymous information with third-parties. This information does not personally identify individuals, but instead provides a helpful understanding of the groups of people who prefer certain types of information and services.

Email Management

You may receive email from Nesthawk for a variety of reasons - for example, if you took an action through the Services, you signed up for a regular report, or you posted your home for sale and a buyer sent you a message. We respect your desire to manage email correspondence. If you have an account with Nesthawk, you can select your preferences through your account page. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.

Behavioral Advertising

We may participate in behavioral advertising. This means that, for example, when you use the Services, we or third party service providers or advertisers may use cookies or other similar technologies to collect information about your use of the Services (including mobile applications) or your online activities over time and across different Web sites. Collected information may include the content you view, the date and time that you view this content, and the Web site that referred you to the Services, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. These practices help tailor advertisements that are relevant and useful to you. These tailored advertisements may appear on the Services or on other websites, applications or properties. In addition, if you have provided your email address to us, we may use a scrambled, unreadable form (a hash) of your email address to deliver tailored advertisements to you on the Services or on other websites, including via Facebook’s Custom Audience Feature or other similar Facebook tools. We will not share your email address with Facebook. To learn about how you can control the ads you see on Facebook, visit their Privacy Page found at facebook.com/nesthawk or click here . You may opt-out of cookie tracking and analysis as described in the section below entitled ‘Opting Out of Collection of Information’. The Services do not otherwise respond to ‘do not track’ signals.

Opting Out of Collection of Information by Third Parties

Nesthawk's third-party ad servers, ad network providers, and third-party advertisers (the "Nesthawk Ad Providers") may provide you with advertisements that you may see on the Services or on other affiliated websites. To improve the relevancy and help measure the effectiveness of such advertisements, the Nesthawk Ad Providers may use cookies, Web beacons, clear .gifs or similar technologies. These are used to record users' activity, such as the pages visited, and to learn what types of information are of most interest to the users. Nesthawk Ad Providers. Use of these technologies by Nesthawk Ad Providers is subject to their own privacy policies and is not covered by our privacy policy. For more information regarding the choices you have about these technologies (such as opting-out), click here to learn about Nesthawk Ad Providers participating in the Network Advertising Initiative, and click here to learn about the Nesthawk Ad Providers participating in the Digital Advertising Alliance. Nesthawk has or may develop relationships with the following services: DoubleClick, Google, Marin Marketer and AdRoll. The Network Advertising Initiative and Digital Advertising Alliance offer some centralized opt-out tools; otherwise you must visit each provider's website individually and opt out. Nesthawk marketing service providers. If you do not want Nesthawk and its marketing services providers to follow your usage of our Services via cookies and Web beacons, you can opt out of Cookies/Web beacons from: comScore, Google Analytics, Omniture and Yahoo! Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns. Please note that, if you opt out and later delete your cookies, use a different browser, or use a different computer or other electronic device, you will need to renew your opt-out choices.

Location Data

Nesthawk can provide you with helpful information based on where you are. If you tell Nesthawk where you are (e.g., by allowing your mobile device to send Nesthawk your location), Nesthawk may use that information to provide you with location-based information and advertising. If you wish to deactivate this feature, you can disable location services on your mobile device.

Third-Party Websites

Throughout the Services, we may link to the websites of other companies and/or individuals. Further, certain functionalities on Nesthawk may involve the distribution of your listing information to third-party websites. These third-party websites may collect Personal Information about users on those websites, and Nesthawk's privacy policy does not extend to these external websites and third parties. Please refer directly to these third parties and websites regarding their privacy policies.

Children Under the Age of 13

Nesthawk will not knowingly collect personally identifiable information from any person under the age of 13. The Services are not designed to attract the attention of persons under the age of 13. Storage, Security and Retention of Information Personal Information will be processed and stored by Nesthawk in databases hosted in the United States. Nesthawk has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting Personal Information. We will retain your Personal Information for as long as you have an active account, as needed to provide you with the Services, to comply with our legal, financial reporting, or compliance obligations, and to enforce this privacy policy.

Contacting Nesthawk

You can access, update, and delete Personal Information you provide to us in your account profile by logging into your account or emailing us at info@Nesthawk.com. While we are ready to assist you in managing the Personal Information you provide to us, we cannot always delete records due to financial reporting, compliance, or other reasons. If you have any questions about this privacy statement, or the privacy practices of Nesthawk, please email us at info@Nesthawk.com.

Please note that this policy may be amended from time to time. You should check back for the most current version before relying on any of the provisions in this privacy policy. By using the Services, you agree to the terms of this Privacy Policy.