The www.NXTSQFT.com website is owned and operated by NXT SQFT REAL ESTATE SERVICES LLC. These Terms of Use (“Terms of Use” or “Agreement”) are intended to make you aware of the terms and conditions of your use of the www.NXTSQFT.com website, any Content (as defined herein), or other products that are offered or provided NXTSQFT.COM PLEASE READ THESE TERMS OF USE CAREFULLY. By using OR OTHERWISE ACCESSING the Site, CREATING, REGISTERING OR ACCESSING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE, OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER, you hereby UNEQUIVOCALLY AND expressly agree to BE BOUND BY, and shall be subject to, these Terms of Use. If you do not UNEQUIVOCALLY agree TO THESE TERMS OF USE, you may not use OR OTHERWISE ACCESS the Site, CREATE REGISTER, OR ACCESS AN ACCOUNT OR post or download Content or any other information to or from the Site.
IMPORTANT NOTICE: YOUR USE OF THE SITE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION VIII OF THIS AGREEMENT, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review Section VIII of this Agreement for more information.
2. Your Use of the Site
Prohibited Uses. You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Site or any part thereof, which includes, without limitation:
(a) use of the Site to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, embarrassing, hateful or racially, ethnically or otherwise objectionable;
(b) use of the Site to post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person;
(c) use of the Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site, to restricted portion of the Site, to Content, or any other computer network or equipment;
(d) use of the Site to post, store or disseminate any type of computer viruses, trojan horses or any other malicious, destructive, disabling code or programs designed to interrupt, permit unauthorized access, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment;
(e) use of the Site to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation;
(f) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Site);
(g) use of the Site to gain competitive intelligence about NXTSQFT.com, the Site or any product or service offered via the Site or to otherwise compete with NXTSQFT.com or any of its affiliates; use the information in the Site to create or sell a similar product, service or information;
(h) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users;
(i) use anything intended to damage or interfere with the proper functioning of the Site and the systems to which it connects or do anything that interferes with any other person’s use of the Site; framing or otherwise simulating the appearance or functions of the Site or any portion thereof;
(j) copying, modifying, disassembling, reverse engineering, decrypting, framing or translating (except for translations for personal use) of the Site or any other attempt to learn the source code, structure, or ideas upon which the Site is based, or facilitating of any other person in doing so;
(k) use of the Site to engage in any activity that, as determined by NXTSQFT.com, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use; and
(l) removing or obscuring any copyright notices or trademarks displayed on the Site.
User Accounts. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account username and password. You agree to immediately notify NXTSQFT.com in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. NXTSQFT.com may refuse to grant a particular username to you for any reason, including, without limitation, in the event, NXTSQFT.com determines that such username impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
User Representations. You hereby represent and warrant to NXTSQFT.com that (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence, (iii) possess legal parental or guardian consent, or (iv) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to NXTSQFT.com is truthful, accurate and complete; (c) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Site, Content or any part thereof; (d) you have provided and will maintain accurate and complete registration/account information with NXTSQFT.com, including, without limitation, your legal name, email address and any other information NXTSQFT.com may reasonably require; (e) your access to and use of the Site or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (f) you will immediately notify NXTSQFT.com in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; and (g) you will not use the Site in order to gain competitive intelligence about NXTSQFT.com, the Site or any product offered via the Site or to otherwise compete with NXTSQFT.com or its affiliates.
3. User Content
User Content. The Site offers the ability for Users to create an account and to submit ideas, photographs, pictures, data, questions, comments, suggestions, and information including personally identifiable information (collectively, “User Content”). User Content posted by users via the Site is the intellectual property of the specific users who post such content. By posting or delivering User Content, you hereby grant to NXTSQFT.com a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
User Content Representations. For any User Content that you post via the Site, you hereby represent and warrant that: (a) you are owner of such User Content or otherwise have the right to grant NXTSQFT.com the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Content will not result in harm or personal injury to any third party. You agree to defend, indemnify and hold harmless NXTSQFT.com, its officers, members, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (x) any claim that the User Content you provide infringes or misappropriates any intellectual property or other rights of NXTSQFT.com or third parties, (y) NXTSQFT.com’s use of any User Content you provide, and (z) any claim brought by a third party against NXTSQFT.com relating to the User Content you provide.
Monitoring of User Content. NXTSQFT.com does not generally monitor or otherwise remove User Content after it is posted on the Site except as required or permitted by law or otherwise in the sole discretion of NXTSQFT.com and reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms of Use. NXTSQFT.com does not make any warranties or representations regarding any of the User Content. NXTSQFT.com does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. NXTSQFT.com is not and will not be liable for any Content or User Content that may be offensive, indecent, vulgar, defamatory, or otherwise objectionable.
Accuracy, Currency, and Completeness. All User Content originates from the applicable users and is beyond the control of NXTSQFT.com. NXTSQFT.com neither initiates the provision of such User Content nor monitors the specific content or accuracy of the User Content being provided. Without limiting the generality of any other provision of these Terms of Use, NXTSQFT.com shall have no responsibility for or liability related to the accuracy, content, currency, completeness, or delivery of any User Content. The applicable user providing such User Content is responsible for the accuracy, content, currency, completeness, and delivery of the User Content provided by such user. NXTSQFT.COM DOES NOT PROVIDE OR CONTROL AND IS NOT RESPONSIBLE FOR, THE USER CONTENT. NXTSQFT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
