Last updated July 12, 2023
TERMS AND CONDITIONS
Acceptance of Terms and Conditions
By using this website https://www.nestrecovery.me (the “Website”), you (“you” or the “End User”) agree to the terms and conditions that we (“Nest Recovery” or “we” refers to Nest Recovery LLC, a California limited liability company with registered office at 236 South Gale Drive, Unit B, Beverly Hills, California, 90211, formed under the laws of the State of California, USA, together with Nest Recovery affiliated companies and subsidiaries) have provided.
If you do not wish to agree to these terms and conditions (the “Terms and Conditions” or “Agreement”), please refrain from using the Website.
The Website provides an interactive online service operated by Nest Recovery, consisting of information services, content and transaction capabilities facilitated through Nest Recovery and affiliates of Nest Recovery.
Nest Recovery shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Nest Recovery may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Website. No one under age 18 may use the Website.
2. Modified Terms
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. Nest Recovery shall not be liable for any damages to the End User's equipment resulting from the use of this Website.
4. End User Conduct
This Website and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Website are private property. All interactions on this Website must comply with these Terms and Conditions. Although we welcome and encourage user interaction on our Website, we do insist and require that all end users restrict any and all activity in connection with the use of this Website to that which involves lawful purposes only. End User shall not post or transmit through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Nest Recovery's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Nest Recovery's exclusive discretion restricts or inhibits any other End User from using or enjoying this Website is strictly prohibited. End User shall not use this Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Nest Recovery.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Nest Recovery, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Copyright and Trademarks
Everything located on or in this Website is the exclusive property of Nest Recovery or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF NEST RECOVERY IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Website may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are protected by copyright as a collective work under the United States copyright laws. Nest Recovery owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Nest Recovery or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website otherwise owned or operated in conjunction with Nest Recovery shall not be deemed to be in the public domain but rather the exclusive property of Nest Recovery, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Nest Recovery unless otherwise stated.
End User shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Nest Recovery does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, End User warrants that the owner of such material has expressly granted Nest Recovery the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User's personal use. End User hereby grants Nest Recovery the right to edit, copy, publish and distribute any material made available on this Website by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Nest Recovery, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright Policy
Nest Recovery reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Nest Recovery by the copyright owner or the copyright owner's legal agent.
7. Disclaimer of Warranty
END USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT END USER'S SOLE RISK. NEITHER NEST RECOVERY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS WEBSITE.
THIS WEBSITE IS MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEST RECOVERY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability
IN NO EVENT SHALL NEST RECOVERY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL NEST RECOVERY'S LIABILITY FOR PRODUCTS OR SERVICES EXCEED THE AMOUNTS PAID FOR SUCH TO NEST RECOVERY, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
Nest Recovery shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by Nest Recovery, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Nest Recovery shall have the right, but not the obligation, to remove any material that Nest Recovery, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10. License Grant
By posting communications on or through this Website, End User shall be deemed to have granted to Nest Recovery a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Nest Recovery, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the Website.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "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."
Nest Recovery may terminate this Agreement at any time. Without limiting the foregoing, Nest Recovery shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Nest Recovery, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10 and 11 shall survive termination of this Agreement.
All rights in respect of Nest Recovery are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Nest Recovery Website are the property of their respective owners.
14. Third-Party Content
The Website may contain links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Nest Recovery of the contents on such third-party sites, and Nest Recovery hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, the End User does so at its own risk.
This Agreement, including the Booking and Stay Policy, and any operating rules for Nest Recovery established by Nest Recovery, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Website, End User agrees that: (1) any claim, dispute, or controversy End User may have against Nest Recovery arising out of, relating to, or connected in any way with this Agreement, this Website, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Nest Recovery; (3) the arbitrator shall apply Сalifornia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User's and/or Nest Recovery's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Nest Recovery will pay as much of the End User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Nest Recovery shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org .
Nest Recovery is located at 236 South Gale Drive, Unit B Beverly Hills, CA 9021. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.