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Noodigs Terms & Conditions

Conditions of Service

Terms of Use

By creating an account and moving forward with listing your home for sale, or submitting an offer on a home, you acknowledge Noodigs as the listing property's transactional real estate agent. We assure the highest level of integrity and ethics and would never lock you into a relationship long-term. Your use of our service is transactional – meaning our relationship ends when the transaction closes, either through sale or cancellation. If you buy or sell a home without the assistance of Noodigs, no agency relationship exists.

Here’s all the stuff our lawyers require us to say:

 Additional disclosures apply to residents of Colorado, Kansas, Missouri, New York, North Carolina, Rhode Island, South Carolina, and Texas.

 In addition to the above terms, registered users also agree to the Noodigs Terms of Use and Privacy Policy, which apply to all users of the Noodigs website. 

Additional Terms of Use

Welcome to Noodigs.com. This website and the Noodigs Applications (as defined below)(the "Sites"), together with the services provided through the Sites (collectively the Sites and services are the "Services") are owned and operated by Noodigs Corporation, a software company ("Noodigs"). These Terms of Use which include the Noodigs Privacy Policy, serve as the "Agreement" between you and Noodigs regarding the Services, and provide important information to you, including information about your obligations about content and our limitation of liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement. If you do not accept, then please do not use the Services.

If you want to list your home with Noodigs, or buy a home with Noodigs, then you will need to enter into a listing agreement or buyer agreement to become a Noodigs Client; these agreements are not covered here.

1. Who Can Use the Noodigs Services

You must be: a) at least the age of majority in the state where you live to use the Sites, and b) a resident of the United States. If you are under 13 years old, do not use the Sites.

2. Intellectual Property Ownership and License

A. Copyright All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by Noodigs or are licensed by Noodigs for use on the Sites. Our site features Google Maps, please review their privacy policy, legal notices and terms of use. Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

B. Trademarks Noodigs, the Noodigs logos and other Noodigs trademarks, service marks, graphics, and logos used in connection with Noodigs are trademarks or registered trademarks of Noodigs in the U.S. and/or other countries. Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. Other trademarks and logos used in connection with Noodigs may be the trademarks of their respective owners.

C. Data Any MLS Data on our Sites is the property of the individual MLSs providing the data. These MLSs have granted Noodigs the necessary licenses to display the MLS Data on the Sites.

D. Other Intellectual Property Noodigs also owns trade secrets and know-how that contribute to the functionality of the Services.

E. Webscraping of Listing & Property Data Is Not Allowed Crawling the Noodigs.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Noodigs.

F. Restrictions Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use, or misuse of the Services or any of their components. You may not use any meta-tags or other hidden text using the Noodigs name or trademarks without our specific permission. We may revoke your permission to access and use the Sites, and we may block or prevent you from accessing the Sites, in our discretion without notice. If you violate the Terms of Use, your permission to access and use the Sites is automatically revoked.

G. Reservation of Rights Except for the limited license granted above, Noodigs reserves all of its intellectual property rights in the Sites. This Agreement does not grant you any right or license with respect to any trademarks and logos.

H. Information Aggregation Noodigs is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to Noodigs from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Noodigs by sending feedback but it is likely that such information accuracy cannot be corrected by Noodigs and the entity or person that generated the information must be appealed to.

I. School Ratings & Review GreatSchools ratings provided by GreatSchools.net.

3. Registration

You must register for a Noodigs account to see complete home listings. You also must register before you can participate in forums or submit content. By registering for a Noodigs account you are agreeing to these Terms of Use. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your Noodigs profile information accurate. You agree to keep your password confidential, not use others' accounts, nor permit others to use your account. Noodigs reserves the right to terminate accounts in its discretion.

4. Equal Housing Opportunity

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

5. Your Submissions and Community Guidelines

A. Material You Submit You may submit feedback, ideas, reviews, comments, photos, or other content to Noodigs and the Sites ("Submissions"). All Submissions must comply with the Noodigs Community Guidelines below. You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate these Terms of Use, including our Community Guidelines, or the rights of any third party. You are solely responsible for your Submissions. Noodigs may, but is not obligated to, monitor and edit or remove Submissions, and has no obligation to store Submissions.

B. Noodigs Community Guidelines

C. License You grant Noodigs a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. Noodigs may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant Noodigs a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Noodigs, without any further consent, notice and/or compensation to you or to any third parties.

D. Disclaimer Noodigs takes no responsibility and assumes no liability for any Submissions posted by you or any third party. We may not monitor or control the Submissions posted via the Services and, we cannot take responsibility for such Submissions. Any use or reliance on any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Sites. NOODIGS IS NOT RESPONSIBLE FOR ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON NOODIGS.

E. Forums Noodigs offers forums where you can post your observations and comments on designated topics. Noodigs account holders can create forum topic threads. Noodigs, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that everything you share in a forum may be seen and used by other users of the Services.

F. Reviews We publish local reviews of real estate service providers (title companies, escrow companies, lenders, home inspectors, lawyers, and others) in sections of the Sites. Only Noodigs clients who have closed a real estate transaction with Noodigs are allowed to submit reviews. We publish the reviews, even if they are not good. If we have an email address for the provider, we let them know that they have been reviewed and allow them to respond. Providers or Noodigs clients who have questions can contact Contact.Us@Noodigs.com.

6. How Noodigs May Communicate with You

For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in), you agree that Noodigs may communicate with you through the contact information associated with your Noodigs account or Noodigs Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review your Account Settings or settings on your mobile device to control what kind of messages you receive from Noodigs. Noodigs has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests for home tours, help selling or buying a home, help with the completion of necessary forms in the process, and other requests. By making those requests, you authorize Noodigs to share your personal information including your home search history, favorites and saved searches, with a real estate professional (a Noodigs Agent or staff member, or a Partner Agent, as defined below). When you make such a request to Noodigs you are extending an express invitation for Noodigs, or another appropriate entity or person, to contact you. A Partner Agent is employed by or works Noodigs. We'll refer you to a Partner Agent in our discretion.

7. Third Party Sites

Noodigs may include links to third party websites ("Third Party Sites") in its Services, including links to Third Party Sites from our reviews section. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Noodigs is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.

8. Noodigs Applications

Noodigs offers services through applications built using Noodigs's platform ("Noodigs Applications"). Examples of Noodigs Applications include, without limitation, its smart phone applications (Noodigs for Android, Noodigs for iPad, or Noodigs for iPhone), and Noodigs "Share" buttons, which allow you to share your activities on the Sites with your friends using social media or email. You acknowledge you are responsible for all charges and necessary permissions related to accessing Noodigs through your mobile access provider.

9. Termination

You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you'd like to deactivate your account, please visit your Account Settings or contact Customer Service. Noodigs may terminate this Agreement or your account at any time, with or without notice.

10. Indemnification

You agree to indemnify Noodigs and hold Noodigs harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the Noodigs Sites or using the Noodigs Services.

11. Disclaimers

NOODIGS PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOODIGS DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NOODIGS AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY NOODIGS OR ANYTHING RELATED TO NOODIGS, YOU MAY DEACTIVATE YOUR NOODIGS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. NOODIGS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH NOODIGS TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. NOODIGS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, NOODIGS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. NOODIGS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. NOODIGS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, NOODIGS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

12. Limitation of Liability

IN NO EVENT WILL NOODIGS OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST NOODIGS OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

13. Dispute Resolution

Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by Noodigs, or to any acts or omissions for which you may contend Noodigs is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Wilmington, Delaware. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Noodigs. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Wilmington, Delaware. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Noodigs, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Wilmington, DE. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

14. Additional Legal Terms

A. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.

B. Notices You may contact us at Contact.Us@Noodigs.com.

C. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Noodigs regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Noodigs services.

D. Amendments to This Agreement We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.Noodigs.com or notifying you otherwise. For example, we may present a notification on the Services when we have materially amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 9 (Termination).

E. No Waiver Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

F. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.

G. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Noodigs for any third party that assumes our rights and obligations under this Agreement.

H. Alpha and Beta Testing The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or prerelease form) that we may conduct ("Testing"). Except to the extent otherwise provided in another agreement between you and Noodigs, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.

I. Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

J. Complaints Regarding Content Posted on the Noodigs Website For non-copyright complaints, you may notify us at Contact.Us@noodigs.com, or in writing at:

     203 NE Front Street, Suite 101

     City of Milford, County of Kent, 19963.

K. International Matters Noodigs is controlled and operated from Noodigs's offices in Pennsylvania. We make no representation that the Services are appropriate or available for use in any particular location. Those who choose to access Noodigs do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from Noodigs, is further subject to United States export controls. No Services, including software from Noodigs, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.

L. Complaint Regarding Copyright Infringement If you are a copyright holder and believe your work has been used on the Sites in a way that constitutes copyright infringement, please contact our legal team with the following information:

If your Submission is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may submit a counter-notification to Noodigs. Your counter-notification must be in writing and sent to our legal team, whose address is above. Your counter-notification must contain the following information:

 

It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if Noodigs is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Noodigs will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Under appropriate circumstances, Noodigs will, in its discretion, terminate authorization of users of the Services who are repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact Noodigs and provide information sufficient for us to verify that the user is a repeat infringer.