NestHopper strives to provide a simple and straightforward user agreement that users will read and understand. Please read this User agreement (the “agreement”) in its entirety. This agreement governs your (User, also referred to as Tenant) use of the NestHopper.com website (the “website”) and the accommodations, services and goods provided through or in connection with NestHopper, its parent companies and subsidies (“NestHopper, Inc., NestHopper.com).
NestHopper.com User Agreement / Terms & Conditions
NestHopper is a trademark of NestHopper, Inc., based in Carlsbad, California. Any disputes arising from this agreement will take forth in binding arbitration in Carlsbad, California.
* By using NestHopper.com you become a “user” of the site and acknowledge that you have read and agree to be bound by the following agreement. If you do not agree to the terms of service, do not use NestHopper.com or any of its services. By using NestHopper.com,you agree to the following terms and conditions:
- Marketing– The website, NestHopper.com, is an online marketing platform designed to connect potential tenants (also referred to as ‘User’, herein forth referred to as ‘Tenants’) with property owners and/or property managers (herein referred to as ‘Landlords’) of furnished monthly rental properties. NestHopper, Inc. is not a property management company or real estate agency/brokerage, nor a property owner. All properties listed on NestHopper.com are owned and/or managed by 3rd parties. All listing on NestHopper require a minimum occupancy of at least one (1) month or longer, unless specifically noted otherwise. While the platform has been specifically designed to accommodate monthly minimum leasing with a specific target of corporate and relocation housing, some may utilize the platform for vacation stays over a month. The NestHopper platform has been specifically designed to accommodate ‘month-to-month’ leasing, however some Landlords may operate their properties with additional restrictions.
- Booking– NestHopper requires a 10% booking deposit to be paid upon the submission of the Initial Booking Form for a desired property listed for rent on NestHopper.com. Subsequent to completing the initial booking form and submitting the 10% deposit, the Landlordwill receive the Tenant’sinformation and will contact the potential tenant within 24 business hours. The 10% deposit will temporarily place the property on HOLD on the website, preventing from other potential applicants from applying for the property for a period of 72 hours, and allowing the Tenantand Landlordthe appropriate amount of time to finalize the screening process and lease agreement. The temporary HOLD status may be extended at the Landlord’s All listings and potential transactions through NestHopper.com are first-come, first-served. The Tenantunderstands that as with any rental property, time is of the essence in completing the leasing process. In the event that the property booking is not executed between the Tenantand the Landlordfor any reason,and with the consent of both parties that the transaction will be considered null and void, NestHopper will refund the 10% booking fee back to the user/Tenant.
- Payment Processing – NestHopper utilizes the services of Paypal® as a trusted 3rdparty payment processing medium for the initial 10% holding deposit paid on the site. The remaining move-in total, as outlined in the lease agreement with the Landlord,will be coordinated directly between Landlordand Tenant. The 10% booking fee will be credited back to the tenant in the initial lease agreement and deducted from the move-in total paid to the Landlord. Screening requirements, leasing terms, security deposits, cleaning/administrative fees, and accepted payment methods may vary with each Landlord.
- Properties Listed-NestHopper requires all listed properties to be fully furnished, turnkey ready, and meeting our minimum standards of quality, cleanliness, and inventory. However, we cannot guarantee the condition, quality, inventory, cleanliness, and furnishings of properties listed on the site. While “sight-unseen” booking is common, we encourage all Tenantsto make arrangements withLandlordsto view the property before signing a lease agreement. NestHopper does not provide any form of property or casualty insurance. Landlordsand Tenantsare encouraged to obtain insurance coverage respectively to amounts they deem reasonable and prudent to protect themselves.
- Acknowledgements –You are at least 18 years of age.You assume full responsibility for the use of the service by any minors. Your use of the service is subject to all applicable local, state, national and international laws and regulations.
- Prohibited Conduct – You must not: (i) use the service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another; (ii) directly or indirectly interfere or attempt to interfere with the proper working of the website, any account, or any communication or transaction being conducted on our website; (iii) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content without our prior expressed written permission; (iv) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (v) use or disclose (to anyone except NestHopper) any information you obtain about or from other Users of the service, or you obtain from NestHopper if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users, (vi) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the service, or (vii) send any unsolicited e-mail or advertising to any known User.
- Indemnification/Hold Harmless – You expressly agree that use of the service is at your own risk. NestHopper makes no warranties as to the validity of any information provided by other Users. Users agree to hold harmless NestHopper for any information listed on nesthopper.com. While the information provided through NestHopper is basic in nature and NestHopper takes reasonable steps to safeguard and to prevent unauthorized access to your information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your information. In no event shall NestHopper be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with a third party’s unauthorized access to your information.NestHopper is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of the information. NestHopper may provide links for Users’ benefits on its website. NestHopper retains no liability for anything listed on the linked websites.You agree to indemnify and hold NestHopper, its partners, subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website, the service, the violation of this agreement by you, or the infringement by you, or other User of the service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. NestHopper and its service providers assume no responsibility whatsoever for such content or actions.
- Ownership & Licensing – All of the material included on the website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the “content”), is the content of NestHopper Inc. and other parties. U.S. and international copyright laws protects all content available on the website. Any User posting any information on NestHopper hereby grants license for use by NestHopper for any posted information. Users agree not to post any media or information for which they do not have rights to.
- Termination/Arbitration – If you breach any provision of this agreement, you may no longer use the service. In the event of a dispute, you and NestHopper agree to submit to binding arbitration as your exclusive forum. The arbitration will be held in Carlsbad, California, under the rules of the American Arbitration Association before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a dispute as a class action.A jointly selected licensed attorney shall conduct arbitration. The arbitrator shall apply governing substantive law in making an award. All costs associated with the dispute resolution shall be divided equally between the parties. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law, unless the arbitration is in pursuit of an amount due owed to NestHopper. Should the arbitration be in relation to a debt owed to NestHopper and the other party be found liable, that party shall remain liable for all attorney’s fees and collections fees incurred by NestHopper in pursuing the debt owed.The arbitrator’s award is final and binding on all parties. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this arbitration clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.This agreement provides that all disputes besides collections between you and NestHopper will be resolved by binding arbitration and not in court or by jury trial.NestHopper reserves the right to bring suit in the county courts of San Diego, California, for any amount due to NestHopper for unpaid amounts deemed as owed. If a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim you may have against NestHopper any right to class arbitration or any consolidation of individual arbitration. Without limitation, this includes giving up your rights to bring or participate in a class action in any jurisdiction.Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights available in court may not be available in arbitration.
- General – The agreement comprises the entire agreement between you and NestHopper and supersedes all prior agreements regarding the subject matter contained herein. NestHopper may amend the terms and conditions of this agreement (the “amended terms”) from time to time. If you continue to use the service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the service. Your continued use of the service constitutes an affirmative: (i) acknowledgment by you of this agreement and its amended terms; and (ii) agreement by you to abide and be bound by the agreement and its amended terms. Except as set forth below, you must make all notices to NestHopper in writing via conventional mail or e-mail addressed to ‘support’ at NestHopper.If you believe that any content posted on the website infringes any of your intellectual property rights or the intellectual property rights of any third party, you must promptly provide the following notice in writing to firstname.lastname@example.org. The agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). if any provision(s) of the agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. NestHopper’s failure to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NestHopper in writing. The section titles in the agreement are used solely for the convenience of the parties and have no legal or contractual significance.
Last Updated 9/13/18
630 Grand Ave. Suite F
Carlsbad, CA 92008