SECTION 1
General. This Website Terms of Use Agreement ("Agreement") governs your access and use of the website operated by WithNest, Inc. dba Nest, a Delaware company (“Nest,” “our,” “us,” or "we") and located at www.withnest.com (the "Website"). By accessing, browsing, and using this Website, you agree that you have read, understood, and accepted this Agreement. Please read it carefully and let us know if you have any questions. If you do not agree with any of the terms herein, do not use the Website.
This Agreement does not govern purchase transactions, your use of our platform or applications, or the procurement of any goods or services offered through our platform, each of which are subject to their own terms and conditions. You must accept any terms and conditions relating to goods or services as a condition to ordering such products and/or services.
SECTION 2
Governing Law. THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
SECTION 3
Use of the Website. You may only use this Website for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet websites and third-party resources, and we may employ third-party technologies in connection with our Website that require you to accept such third-party’s terms. Nest is not responsible for either the availability of these outside resources or their content, including for any services you may obtain by contacting any person as a result of use of the Website or the features hereof. Nest may, but is not obligated to, monitor your use of the Website.
SECTION 4
Intellectual Property. The content of this Website is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Website solely for your own personal, non-commercial use, provided that none of the content is modified and any and all legal legends are retained. You may not "mirror" any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written consent, or the consent of the applicable copyright owner. Nest does not grant you any licenses, express or implied, to the intellectual property of Nest or its licensors except as expressly stated in this Agreement.
SECTION 5
Transmission of Content. Any material, information or ideas that you transmit to or post to or through this Website by any means will be treated as non-confidential and non-proprietary, despite any legends to the contrary, and may be used for any purpose whatsoever. Notwithstanding the foregoing, all personal information provided by you will be handled in accordance with Nest’s Privacy Policy. You agree to the terms of such Privacy Policy by providing your personal information to Nest.
SECTION 6
International Use. This Website is controlled and operated by Nest from within the United States. Nest makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
SECTION 7
U.S. Government Restricted Rights. The content of this Website is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
SECTION 8
Limitation of Liability. THE WEBSITE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL NEST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, EVEN IF NEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEST'S AGGREGATE LIABILITY TO YOU RELATED TO THE WEBSITE OR THIS AGREEMENT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $25.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
SECTION 9
Modifications. Nest may modify this Agreement at any time by updating and posting a new version on the Website or by otherwise notifying you of the revised Agreement. By subsequently using the Website, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
SECTION 10
Term and Termination. This Agreement is effective as of the date of your first access or use of the Website, and shall remain in effect for the duration of your access or use. Your right to use the Website shall automatically terminate upon your breach of the Agreement.
SECTION 11
General. The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this Agreement and you hereby consent to the jurisdiction of such courts and waive any venue objection. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. “Nest” and all associated logos displayed within the Website are our trademarks (unless otherwise noted). The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
Last updated: April 1, 2023
Privacy Policy
This Privacy Policy describes how WithNest Inc. dba Nest and our website, www.withnest.com (the “Site” or “we”) collects, uses, and discloses your Personal Information.
Collecting Personal Information
When you visit the Site, we collect certain information about your device and your interaction with the Site, and information necessary to process your inquiries. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.
Device information
● Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
● Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
● Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
● Disclosure for a business purpose: to provide service providers with requisite information they need to process service inquiries.
Order information
● Examples of Personal Information collected: name, property address, and contact information.
● Purpose of collection: to provide products or services to you to fulfill our contract, communicate with you, screen for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
● Source of collection: collected from you.
● Disclosure for a business purpose: to provide service providers with requisite information they need to process service inquiries.
Customer support information
● Examples of Personal Information collected: property address, and contact information.
● Property-specific information required to complete service request(s).
● Purpose of collection: to provide customer support.
● Source of collection: collected from you.
● Disclosure for a business purpose: to provide service providers with requisite information they need to process service inquiries.
Sharing Personal Information
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
● We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
● We may share your Personal Information with service providers to inquire about details related to fulfilling your service requests.
Behavioral Advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
● We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
● We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
● FACEBOOK - https://www.facebook.com/settings/?tab=ads
● GOOGLE - https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Using Personal Information
We use your personal Information to provide our services to you, which includes: offering services fulfilling your order, and keeping you up to date on new products, services, and offers.
Retention
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.
CCPA
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below. If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.
Cookies
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor. We use the following cookies to optimize your experience on our Site and to provide our services.
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.
Do Not Track
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
Changes
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
Contact
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at hello@withnest.com or by mail using the address below:
WithNest Inc. dba Nest
PO Box 50316
Austin, TX 78763
If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority.
Last updated: April 1, 2023