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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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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 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.
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 email@example.com.
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.
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.
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.
If you have any questions, please contact us at Nesthawk, Intellectual Property Administrator, PO BOX 53302 Atlanta, GA 30355 firstname.lastname@example.org or (888) 898-6378
If you interact with the Software as both a Seller and a Buyer, the respective privacy statements apply to your different interactions.
When you use the Services, we collect a variety of information.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.